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HomeMy WebLinkAboutCA Agenda - 2021-12-14COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA December 14, 2021 - 10:00 a.m. CONSENT APPLICATIONS: 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 The Committee was advised the applicant requested permission 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. COMMITTEE OF ADJUSTMENT - CITY OF KITCHENER (Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically TUESDAY, December 14, 2021, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Due to COVID-19, City Hall is currently open by appointment only, Applicants or Agents must register to participate electronically in support of the application. This is a public meeting, anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. If you wish to register, please email CofA(a)kitchener.ca or via phone at 519-741-2203. Please note this electronic meeting is a public meeting and will be recorded. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2021-120 - 12 Hilda Place Permission to construct a deck and stairs over an existing garage of a single detached dwelling on a lot that does not front on a public street, whereas the By-law does not permit building on a lot which does not front a street; the proposed stairs having a rear yard setback of Om rather than the required 0.75m; and, the proposed deck having a side yard setback of Om rather than the required 1.2m; and, rear yard setback of Om rather than the required 0.75m. A 2021-130 - 878 Frederick Street Permission to construct a residential care facility having a parking rate of 1 space/185 sq.m. (8 spaces) rather than the required 1 space/92 sq.m. (16 spaces). A 2021-131 - 95 Maitland Street Permission to add the "Catering Establishment' use as a permitted home business in an existing single detached dwelling; and, to allow the home business to occupy Gross Floor Area (GFA) of 25.7% (65 sq.m. GFA) of the dwelling. A 2021-132 - 26 Monteagle Crescent Permission to convert an existing garage into an accessory dwelling unit on the lot having a width of 8m rather than the required minimum width of 13.1 m. A 2021-133 - 12 East Lansdowne Permission to convert a single detached dwelling into a duplex having the required off-street parking space located 1 m from the street line rather than the required 6m. A 2021-134 - 715 Frederick Street Permission to convert an existing duplex into a triplex dwelling on a lot having a width of 13.8m rather than the required 15m. A 2021-135— 1572 Highland Road West Permission to construct a Printing and Publishing Establishment having a total number of parking spaces on site of 43 spaces whereas the By-law permits a maximum of 27 spaces on site. A 2021-136 - 888 Trillium Drive Permission to construct an addition expanding the existing legal non -conforming use of "Educational Establishment' previously approved by the Committee of Adjustment having an increased Gross Floor Area (GFA) of 42% (2017.1sq.m. to 2869.94 sq.m. GFA) of the institutional building. A 2021-137 - 29 Hurst Avenue Permission to convert an existing single detached dwelling into a triplex having a lot area of 474 sq.m. rather than the required 495 sq.m.; having a lot width of 13.192m rather than the required 15m; having a covered deck with a rear yard setback of 4.52m rather than the required 7.5m; and, having 2 parking spaces in tandem whereas the by-law does not permit tandem parking. A 2021-138 - 945 Victoria Street North Permission to provide for a restaurant patio having a Om setback from the street line rather than the required 3m; and, having the drive aisle of a drive-through facility located 2.2m from a residential zone rather than the required 15m. A 2021-139 - 938 Strasburg Road Permission to convert the garage into a home business (salon) having the required off-street parking space located 2.2m from the street line rather than the required 6m. A 2021-140 - 630 Benninger Road Permission to construct a stacked townhouse development containing 225 multi -residential dwelling units on a vacant lot having a ground floor building height of 3m rather than the required 4.5m; and, to permit the encroachment of stairs and access ramps having a left side yard setback of 0.5m rather than the required 1m. B 2021-063 - 11 East Avenue Permission to sever a parcel of land having a width 0.762m, a depth of 36.35m, and an area of 28sq.m to be conveyed as a lot addition to 15 East Avenue to increase the size of the side yard. The retained land identified will have a width of 16.96m, a depth of 37.05m, and an area of 574sq.m. B 2021-064 - 500 Karn Street Permission to sever a parcel of land having a width of 10.211 m, a depth of 41.6m and an area of 439.5 sq.m. The retained land will have a width of 10.211m, a depth of 42.2m and an area of 439.3 sq.m. Both lots are intended for residential use; the existing dwelling will be demolished. B 2021-065 - 156 Strange Street Permission to sever a parcel of land so each lot would contain one semi- detached dwelling currently being constructed. The severed land identified as red on the plan submitted with the application having a width of 7.79m, a depth of 39.71m, and an area of 296sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.53m, a depth of 39.71m, and an area of 303sq.m. B 2021-066 & A 2021-141 - 120 Benton Street Permission to grant easements in favour of 112 Benton Street the first easement proposed over Part 1 on the Reference Plan provided with the application for the purposed of a loading/unloading bay; and, the second an easement over Parts 2 and 3 intended for pedestrian and vehicular ingress and egress and access to the loading/unloading bay. Permission is also being requested for a minor variance application to allow for a maximum building height of 56.55m rather than the permitted 45m to provide for the addition of a Rooftop Amenity to the 17 floor's building design. B 2021-067 to 068 & A 2021-142 to 143 - 47-75 Charles Street East & 40-42, 50 Eby Street Permission to create 3 lots for mortgage purposes and to redevelop a portion of the site into 9 -storeys of affordable housing. The proposed lots will have the following dimensions: B 2020-048 - (Severed Lot 1 Municipally B 2020-049 - (Severed Lot 2 Municipally addressed addressed as 47-63 Charles Street East) as 75 Charles Street East) Width — 73.5m Width — 31.8m on Eby Street Depth — 38.1 m Depth — 36m Area — 0.279 ha Area — 0.166 ha Retained Lot (Municipally Addressed as 50 Eby Street Width — 20.2m Depth — 64.6m Area — 0.212ha Permission is also being requested for minor variances for Parcel 1 municipally addressed as 47-63 Charles Street East to construct an affordable housing development containing 72 dwelling units, having a parking rate of 0.2 spaces/dwelling unit (39 spaces), lspaces/90sq.m. of office space, and lspaces/15sq.m. of health office space, rather than the required 1.25spaces/dwelling unit (134 spaces), lspaces/28sq.m. of office space, and lspaces/15sq.m. of health office space; to provide 0 visitor parking spaces rather than the required 18 spaces; and to allow 3 barrier -free parking space rather than the required 6 barrier -free parking spaces. Permission is also being requested for minor variances for Parcel 2 municipally addressed as 75 Charles Street East to construct an affordable housing development containing 22 -units having a parking rate of 0.2spaces/dwelling unit (7 spaces), and lspaces/90sq.m. of office space, rather than the required 1.25spaces/dwelling unit and lspaces/28sq.m. of office space; to provide 0 visitor parking spaces rather than the required 6 spaces; to allow 1 barrier -free parking space rather than the required 2 barrier -free parking spaces; to allow no visual barrier along the property line to be shared with 50 Eby Street; and, to allow dwelling units located at grade with no exclusive patio whereas they would be required by by-law. B 2021-069 & A 2021-144 to 145 - 86 Whitney Place Permission to sever a parcel of land having a width of 10.74m, a depth of 21 m, and an area of 226.8sq.m. The retained land will have a width of 10.747m, a depth of 21.022m, and an area of 226.9sq.m. Permission is further requested for minor variances for both the severed and retained lands to allow a rear yard setback of 6m on both the retained and severed lands rather than the required 7.5m; and, a total lot area of 226.9sq.s (retained lands) and 226.8sq.m. (severed lands) rather than the required 235sq.m. The existing dwelling is proposed to be demolished and duplexes are proposed to be constructed. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2203). • copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Ontario Land Tribunal (OLT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Sarah Goldrup at sarah.goldrup(a-)kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 26th day of November, 2021. Sarah Goldrup Acting Secretary -Treasurer Committee of Adjustment Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 6, 2021 REPORT NO.: DSD -2021-246 SUBJECT: Minor Variance Application A2021-120 12 Hilda Place Owner — Sarah Popkey Michels Agent — Joe Popkey RECOMMENDATION: That application A2021-120 requesting permission under By-law 85-1 to construct a deck and stairs over an existing attached garage of a single detached dwelling on a lot that 1) does not front on a public street, whereas the By-law does not permit building on a lot which does not front a street; 2) the proposed stairs having a rear yard setback of 0 metres rather than the required 0.75 metres; 3) the proposed deck having a side yard setback of 0 metres rather than the required 1.2 metres; and, 4) a rear yard setback of 0 metres rather than the required 4 metres, be approved, subject to the following conditions: 1) That a Heritage Permit is approved, 2) That the Building Permit currently under review be revised to ensure that a privacy screen/railing for the deck along the rear lot line be located a minimum of 0.15 m from the rear wall of the garage, and that the privacy screen/railing is a minimum of 1.2 metres high along the side and rear lot lines (or as per any changes as approved by the Heritage permit); and, 3) That the conditions noted above be completed by June 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map Following the publishing of the Notice of Hearing, it was noted that while the requested 0 metre variance for the deck's rear yard setback was recorded correctly, the required setback was incorrectly listed as 0.75 metre rather than 4 metre. Staff have reviewed the matter and found the Notice to be adequate. BACKGROUND: The property is designated as Open Space in the City's Victoria Park Neighbourhood Secondary Plan and identified as Major Transit Station Area on the City's Urban Structure Map. The property is zoned as E-1 (Existing Use) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated as Open Space. The intent of the designation is to preserve natural features and outdoor recreation and also designated for lands considered undevelopable because of flood susceptibility. The designation also permits legally existing development that was established prior to the zoning of E- 1 in 1994. The subject property is a legally established single detached dwelling which has a small lot area. The owner wishes to provide the tenant with an outdoor amenity area above the existing attached garage. The proposed outdoor area is to be located on an existing building rooftop and staff are of the opinion that the intent of the Official Plan is met. General Intent of the Zonina By-law The intent of the regulation for a second floor deck to be located 1.2 metres from the side lot line and 4 metres from the rear yard is to ensure that the use of the deck does not negatively impact the neighbourhood. It is noted that the existing homes on this street and nearby neighbourhood are located close to the lot lines as they are older and the setbacks comply through the `Existing Use Clause'. The current amenity areas of homes on the street are close to the neighbours and the proposed deck is no more onerous than what exists along the streetscape of Hilda Place. Adding a deck to an existing one - storey building provides the tenant with an outdoor amenity and staff are requesting a condition that a minimum 1.2 metre privacy screen/railing along the side and rear lot lines to ensure privacy for the neighbhourhood. The intent of the regulation to have stairs to be located a minimum of 0.75 from the rear lot line is to ensure that they can be maintained and do not negatively impact the neighbours. The proposed stairs could be maintained from the interior rather than exterior side as the stairs are not proposed to be adjacent to the building. Staff are of the opinion that the intent of the by-law is being met. Is the Variance Minor? Staff have asked the applicant if the privacy screen of the deck could be setback 0.15 metres from the rear wall of the garage. This setback will provide a visual break between the garage wall and the privacy screen on the second floor. As well, Heritage and Planning staff have requested that the privacy screen along the side and rear lot lines be a minimum of 1.2 metres high to provide better privacy for both the user of the deck and the neighbours. The applicant was in agreement to these two requests as noted above in the conditions. Therefore, with these conditions and the comments noted above under the intent of the by-law being met, staff are of the opinion that the application is minor. Is the Variance Appropriate? As noted previously, increasing the privacy screen/railing height along the sides and rear of the proposed deck to 1.2 metres will provide better privacy to the neighbourhood. As well, a minimum 0.15 metre setback for the privacy screen on the deck will provide some visual distance from the rear lot line/fence so that deck is set back and not in line with the existing rear wall of the shed/garage. Staff are of the opinion that the variances are appropriate. k View of garage and rear yard addition (from left side yard) Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the deck over the garage to a single detached dwelling and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The subject property is located within the Victoria Park Area Heritage Conservation District (VPAHCD) and designated under Part V of the Ontario Heritage Act. The VPAHCD Plan contains guidelines for alterations within the district. A Heritage Permit Application has been submitted, reviewed, and approved for the repair and reconstruction of the accessory building, as well as for the proposed rooftop amenity area. Given that the proposed minor variance is in keeping with the works proposed through the Heritage Permit Application process, Heritage Planning staff has no concerns. Engineering Comments: No comments. Environmental Planning Comments: No concerns. Grand River Conservation Authority: No concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA ,avid Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w �- Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion PLAN PLAN REVIEW REPORT: City of Kitchener Sarah Goldrup DATE: December 2, 2021 YOUR FILE: A2021-120 GRCA FILE: A2021-120 — 12 Hilda Place RE: Application for Minor Variance A2021-120 12 Hilda Place, City of Kitchener Sarah Popkey Michels GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject property is within the floodplain associated with Schneider Creek. This reach of floodplain has been designated as a Two -Zone Floodplain Policy Area. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the applicant is requesting permission to construct a deck and stairs over the existing garage. Multiple variances are required to facilitate the proposed works. GRCA staff have no objections to the intent of the application and we do not anticipate any impacts to the floodplain as a result of the proposed works. Due to the features noted above, the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-120 - Pagel of 2 12 Hilda Place\A2021-120 - 12 Hilda Place - GRCA Comments.docx Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. As noted above, this reach of floodplain has been designated as a Two -Zone Floodplain Policy Area. In designated Two -Zone Floodplain Policy Areas, the floodplain contains two sections: the floodway and the flood fringe. The floodway is the area of floodplain that is required to pass the flows of greatest depth and velocity. Generally, no new development is permitted within the floodway. The flood fringe lies between the floodway and the edge of the floodplain. Depths and velocities of flooding in the flood fringe are much less than those in the floodway, allowing for development to occur if certain criteria are met. The subject property is located in the floodway. Please be advised that any proposed development on the subject lands must conform to the GRCA Two -Zone Floodplain Policies and the Two -Zone Floodplain Policies outlined in the City of Kitchener Official Plan. 3. Plan Review Fees: This application is considered a `minor' minor variance and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280.00. The applicant will be invoiced in the amount of $280.00 under separate cover. Should you have any questions or require further information, please do not hesitate to contact me at 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority cc: Sarah Popkey Michels (via email only) Joe Popkey (via email only) N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-120 - Page 2 of 2 12 Hilda Place\A2021-120 - 12 Hilda Place - GRCA Comments.docx +T+ N (_ Z < 'L O O N 0 _ U Q N 7 v Q U (� CJ ° m o o s > U L Q 3 O -- 9= o. m � Q (7 m° U d w x m r `oF0 vm� O a� O O � > U ° �p;Y - ro m N D -o 9) � m (D L t -= r A (B r o° Q Q (7 o o m Q' o- - o A� cu i w Q .� Q o .C) 0� E o E �Q ° `ovoo -w 3� C7 N N J Q o E d O o o o r> o LNC ��'�v - N O (D O m o (D o � n m w - a - C N o m o m Qin Q in .( .� .( .� A (? (� (D o o w w w w N o o U mmm wwQU)° nOino0 00000 o rca�5_.`__ v p Y Y Y Y v 1o (n (n o. n F`v o2m j A E C g W m- LL E u m T O 6 � Z c 1O n � `U Q U v F v s Z Z doO O Et O _ o _ N C � O 46� i 'e ! • a_ iZ 41 cl 7 , 'y N t Ib " Z U n Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 1411, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: December 31d, 2021 REPORT NO.: DSD -2021-233 SUBJECT: Minor Variance Application A2021-130 878 Frederick Street Applicant — Matt Bolen, Edge Architects Owner — KW Habilitation c/o Anne Bilodeau RECOMMENDATION: That application A2021-130 requesting permission under By-law 2019-051 to a allow a large residential care facility to provide 8 parking spaces at a rate of 1 space per 185 square metres of gross floor area whereas a minimum of 16 spaces at a rate of 1 space per 92 square metres of gross floor area is required; be approved subject to the following conditions; 1. That Site Plan approval is issued to the satisfaction of the Manager of Development Review. 2. That condition 1 shall be completed prior to June ls1, 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 this decision. Failure to fulfill these conditions, will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 5.6 of the Zoning By-law 2019-051 to permit a large residential care facility to provide 8 parking spaces at a rate of 1 space per 185 square metres of gross floor area whereas a minimum of 16 spaces at a rate of 1 space per 92 square metres of gross floor area is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map — 878 Frederick Street BACKGROUND: The property is designated as Institutional within the City's Official Plan and identified as a Community on the City's Urban Structure Map. The property is zoned as Institutional (INS -1) in Zoning By-law 2019-051. The applicant is proposing to demolish the existing building in order to construct a 4 storey residential care facility for KW Habilitation. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Institutional within the City's Official Plan. The intent of the institutional designation is to provide for a range of institutional uses that are primarily of a community or regional scale such as long term care facilities and social, cultural and administrative facilities. The Official Plan permits adjustments to parking requirements for properties within an area, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures, or where sufficient transit exists or is to be provided (OP 13.C.8.3). The requested minor variance for parking conforms to the direction of the Official Plan as the proposed new building incorporates enhanced TDM measures such as indoor secured bike storage area for building residents and employees and is located adjacent to a Grand River Transit bus stop/line. The intended use of the site is to provide residential care to individuals with special needs and supportive housing. It is not expected for every resident to own or use a personal vehicle. The proposed variance therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the parking rate for a large residential care facility is to ensure that there is a sufficient supply of parking for the high demand generated by residents, visitors and employees. The applicant has provided a parking justification report based on similar owned properties within the City of Kitchener and has been reviewed and accepted by staff. Many of the residents of the facility will not own or have access to a personal vehicle, and the support staff on site will be limited to a couple of employees throughout the day and one throughout the night. Residents will also have access to public transportation and the design of the building includes secured bicycle parking within the building. It is the opinion of staff that the variance for a parking reduction meets the general intent of the Zoning By-law. Is the Variance Minor? The variance can be considered minor as it is the opinion of staff that the proposed reduced parking rate will result in a loss of only eight spaces, which will not negatively impact the proposed residential care facility. The proposed parking supply is expected to accommodate the demand for residents, support staff and visitors based off of similar used properties owned by KW Habilitation. Transportation demand measures will also be provided by the owner. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The property will be subject to a site plan to meet further City zoning regulations. The development will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on November 26th, 2021. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: After reviewing Salvini Consulting's Parking Review and Justification (October 29, 2021) letter that was submitted as part of this application, Transportation Services offer the following comments. This site will function as a residential care facility operated by KW Habilitation. Salvini's letter notes that the parking requirement for this site would be similar to other KW Habilitation sites within the City of Kitchener. The site is serviced by exiting Grand River Transit routes that provide 15 minute headways and are located less than 160m from the site. There is existing and future cycling routes and existing sidewalk connections throughout the area. Should there ever be a need for addition off- site parking, there is on -street parking available along Turner Avenue and Avon Road. Therefore, based on the analysis and information provided by Salvini Consulting, Transportation Services can support the requested parking reduction from the required 16 parking spaces to the proposed 8 spaces. Heritage Comments: There are no heritage planning concerns. Environmental Comments: Tree management requirements will be addressed through the Site Plan application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -21-244 SUBJECT: Minor Variance Application A2021-131 95 Maitland Street Owner — Dimple, Vishal, Omparkash & Sashi Sharma Applicant — Vishal Sharma RECOMMENDATION: That application A2021-131 for 95 Maitland Street, requesting relief from: a) Section 5.13.1 of Zoning By-law 85-1 to allow a catering establishment to be a permitted home business accessory to an existing single -detached dwelling, whereas this is not a permitted home business; b) Section 5.13.2 g) to allow a home business to have a gross floor area of 65 square metres when the maximum permitted is 50 square metres; be approved subject to the following conditions: 1. That the owner applies for a Zoning (Occupancy) Certificate from the Planning division; 2. That the owner removes the existing gas stove in the garage by April 2022; 3. That all home business operations be confined to the basement as indicated on the drawing submitted as part of this application; and 4. That the owner makes satisfactory arrangements with City By-law Enforcement to have the garage inspected to ensure item 2. is addressed. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to permit a catering establishment with a gross floor area of 65 square metres to be a home business accessory *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. to an existing single -detached dwelling. The current zoning by-law does not permit such an operation as a home business, and the maximum permitted gross floor area for a home business is 50 square metres. Figure 1: Location Map BACKGROUND: The subject property is located on the northern side of Maitland Street, in the Huron South Planning Community. The rear of the property abuts a stormwater retention pond in Parkvale Park, while to the sides are single -detached residential dwellings. The surrounding neighbourhood is predominantly characterized by low-density residential uses and some open space containing natural features including wetlands regulated by the Grand River Conservation Authority (GRCA). The subject property is outside the boundaries of the GRCA regulation limits. The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Six Zone (R-6) in Zoning By-law 85-1; the lot is not currently subject to Zoning By-law 2019-051. The applicant is proposing to establish a catering operation with a gross floor area of 65 square metres as a home business. Relief is required to facilitate the proposed, as in Zoning By-law 85-1 catering operations are not a permitted use and home businesses are allowed a maximum gross floor area of 50 square metres. The proposed home business will operate out of the basement, and the gross floor area includes the kitchen space where food is to be cooked and an adjacent open area where food is to be packaged for delivery (Figure 2). It should be noted that there will be no external physical changes to the property as a result of the proposed application. LEGEND$ XISUHG WIFID �O oCCC® wuL wwANT �H CBONMONONIFEALARMS s mwMNFr Cn EXTERIOR LIGHT I TY D 7- 1, 1, BETURNCRILLE N RZO ALL INSULATION FURRIM m LIGHT FIXTURE 6MIL =U RD BARRIER1�2 1095E - _®. SUPPLY VENT O INTERIOR ORYAALL PA RTITION Fu ^, V ", ALI TS SHR SOFT x aECEviacLE 12"GYP. BOARD ' FOOD PACKAGING AREACHILE_ WTLET UD -0C 1/2'4GYPSUM EBOARDSINGLE 501 $F - SWITCH E s: I IAI S1 FIT AT TOP AD SUPT.. OF THE TARTOA AS LIGHT FIXTURE s-nwxsaH RQHg s'- O 95 SIF ST - - Dog srzrT Lass AGFA. 15 0 DOORSI2E f g-5 a --- E%TERIORUGHTCONNECTED z'-e"w xs-a°H ,'-B" 5USIA r•- 1T' -1a^________ w/WAUSwUCH INSIDE 0 w BASEMENT AS PER B.Taz 1. z -o wxs-B H o• -s' ESISTING PATIO MOR HALLWAY COOKING AREA - 196 SF USSAREA.25.—Cl m 1035E o ES 11TINI WALK-CIPT CE .®. ® LD .- s To THE PRa Pasm SMALL CELL a rCATMETAUSINESS 11 q B17 11 US RNI/FOOD RV CE DELIVERY -� PROPOSED BASEMENT ExHASLrr -J SCALE. 3/16" = 1'-0" anNCEHooD ExISTING wINDow NOTEs� 3'-iG' W %2'-10" H G USS AREA B 6B SOFT W OF DUCT: 6'-B"AFF u/S OF CEILING. T' -T" AFF 11 DRYWALL PROPOSED SRI HOME BUSINESS AREA EBB.5B 5O1 TOTAL BASEMENT AREA. 16.528SQFT Figure 2: Floor Plan of Proposed Business Area City Planning staff conducted an internal site inspection of the property on November 18, 2021, in conjunction with a Property Standards Officer from By-law Enforcement. Previous inspections have been undertaken by the By-law Enforcement department as well. Figure 3: Basement Cooking Area for the Proposed Home Business REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. The property is presently developed with a two-storey, single detached residential dwelling with a walk -out basement. This is a permitted use. Complimentary non- residential uses, including home occupations, which are ancillary to the primary residential use and do not result in the loss of existing residential units, as well as support the development of complete communities, are also permitted. The proposed size of the home business is appropriate and to scale with the existing residential dwelling; it will function as a subordinate activity to the main residential use. Complete communities create and provide access to a range of employment types; home operations would be one such innovative type. Further, adverse impacts are not anticipated to the surrounding area as the proposed business is not expected to attract clients to the dwelling and all operations are to be confined to the basement. Also within the Low -Rise Residential land use designation, emphasis is placed on built form being compatible with and respecting the massing, scale, design, and physical character of the adjacent properties and establish neighbourhood. There are no physical external changes being proposed and the existing massing, height, and other design characteristics of the property will remain the same. Due to the above, it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the zoning by-law restricting home businesses to specific occupations and sizes is to ensure that the home business is appropriate for a residential property and the surrounding area, and that the use is ancillary to the primary residential use. Though catering establishments — defined as premises used for the preparation of food or beverages on-site, strictly for the consumption of such products off-site — are not a permitted home business in the exiting Zoning By-law 85-1, they will be permitted in the new Zoning By-law 2019-051. The scale of the proposed operation respects the existing scale of the subject property and existing residential dwelling and is not so large so as to be ok to the residential use. Further, it is confined to one level of the house and one general area of the basement. All other regulations concerning home businesses are met. The home business requires no outdoor storage or display of goods visible from the street and is not expected to attract customers to the property. There is also no non-resident employee; as such only two parking spaces are required on- site. The subject lot has four off-street parking spaces available, and short-term street parking is permitted, so parking requirements are met and exceeded. With the home business being restricted to the basement, no negative external impacts to neighbouring properties are anticipated. Therefore, staff is of the opinion that the intent of the Zoning By-law continues to be maintained. Is the Variance Minor? The requested variance is minor in nature, as it is not expected to create unacceptably adverse impacts on the subject property itself or on adjacent lands. The proposed use will be a permitted use in the new Zoning By-law 2019-051, while the increase in permitted gross floor area is appropriate to the scale of the existing dwelling and will still allow the home business to be a secondary use to the primary residential use of the property. Further, there will be no visual impact or changes to the existing streetscape as there are no external physical changes proposed. Is the Variance Appropriate? The requested variance will facilitate the establishment of a home catering operation while the residential use of the property will remain the primary use. As such the variance is appropriate for the development and use of the land. There are no anticipated negative impacts to the adjacent properties or the surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variance Transportation Comments: In speaking with Planning, the parking requirement for the catering business is two parking spaces, which can be accommodated within the existing double car driveway. The required residential parking space is located within the existing garage. Should additional parking be needed by customers, there is on -street parking available in the area. Also, there are no additional staff coming to the site that require a parking space. Therefore, based on the parking requirements being satisfied, available on -street parking and no additional staff parking for the catering business, Transportation Services can support this application. Heritage Comments: There are no heritage planning concerns associated with this application. Engineering Comments: Engineering has no comments or concerns with this application. Environmental Planning Comments: There are no natural heritage or tree management policy issues associated with this application. Region of Waterloo Comments: The Region of Waterloo has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT— Planning Staff was contacted by a resident of the surrounding community with concerns regarding this application. The concerns outlined were investigated during a site visit on November 18, 2021 and will continue to be monitored by the By-law Enforcement department. PREVIOUS REPORTS/AUTHORITIES: Building Permit application 2021 132202 000 00 AL is currently under review. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14th, 2021 i www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: November 201h, 2021 REPORT NO.: DSD -2021- 232 SUBJECT: Minor Variance Application A2021-132 26 Monteagle Cr. Owner — Sarah Ida Coleman & Donald Raymond Paul Coleman RECOMMENDATION: That minor variance application A2021-132 requesting relief from Section 5.22 a) of the Zoning By-law 85-1 to convert an existing garage into an Additional Dwelling Unit on the lot having a width of 8 metres rather than the required minimum width of 13.1 metres. 1) That the Owner applies for a Site Plan Application with Planning Division; and 2) That the Owner applies for a Building Permit with the Building Division Location Map: 26 Monteagle Cr. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas in the Urban Structure Map. The property is zoned Residential Four (R-4) in the By-law 85-1. The applicant is converting the existing detached garage into an Additional Dwelling Unit on a semi-detached property. The rear yard (North) of the subject property is adjacent to a street with a width greater than 13.1 metres. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested variance to convert the existing garage into an Additional Dwelling Unit on a lot width of 8 metres meets the general intent of the Zoning By-law. The intent of the regulation for the minimum 13.1 metres lot width is to ensure sufficient amenity space, fire emergency access, and parking. The subject property has a lot area of 540 square metres and a pie shape lot. The rear yard property line is 16 metres, abutting a street, and the lot area is 145 square metres greater than the required 395 square metres. The main dwelling has a side yard set back of 4.5 metres and has provided a 1.1 metre walkway connecting from the street to the Additional Dwelling Unit to ensure access to any fire emergency. The existing detached garage currently does not provide the first legal parking space due to the 25 metres setback from the front property line. The conversion of the detached garage to a living space will not impact the first required parking space and will have sufficient parking on the property for both dwellings. It is of staff's opinion that it meets the general intent of the Zoning By-law. Is the Variance Minor? The requested Additional Dwelling Unit on a lot width of 8 metres is considered minor as the structure is already existing and will not be increasing floor area through renovations. Although the requested setback is 5.1 metres less than the required 13.1 metres lot width, given the lot area and the fact this is a pie -shaped lot that backs onto Highland Road, staff is of the opinion the variance will not present any significant impacts to adjacent properties or the overall neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. City Planning staff conducted a site inspection of the property on December 3, 2021 Street view of 26 Monteagle Cr Building Comments: The Building Division has no objections to the proposed variance provided building permit for the accessory dwelling unit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: Engineering has no comment. Operations Comments: No comments. Environmental Planning Comments: No natural heritage. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -21-245 SUBJECT: Minor Variance Application A2021-133 12 East Lansdowne Owner — Val Rapoport Applicant — Amr Serrag Eldin C/O Archicreation Design Studio RECOMMENDATION: That application A2021-133 for 12 East Lansdowne, requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 to allow for a required parking space to be located 1.0 meters from the street line whereas 6.0 metres is required, be approved subject to the following conditions: 1. That the owner applies for a building permit prior to construction, to the satisfaction of the City's Building Division; and 2. That the condition be completed by December 14, 2022. 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 this decision. Failure to complete the condition will result in this approval becoming null and void. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the conversion of an existing single -detached residential dwelling into a duplex. Relief is required to permit the first required parking space for the property to be 1.0 metres from the street line whereas 6.0 metres is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The subject property is located on the northern side of East Lansdowne, in the Mill Courtland Woodside Park Planning Community. Immediately adjacent to the east and west of the property are single -detached residential dwellings, while the rear of the subject land backs onto a lot containing a six -storey multiple dwelling. The surrounding area is characterized by residential uses of different forms and densities, as well as a range of other uses including mixed uses to the west and open space uses in the form of Highland Courts Park to the north. At present the subject property is developed with a single -detached residential dwelling and some landscaping. The grading of the lot slopes upwards to the north. The property is designated as Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1; the lot is not currently subject to Zoning By-law 2019-051. The applicant is proposing to convert the existing single -detached residential dwelling into a duplex. To facilitate this conversion, relief is being requested to permit the parking spaces to have a setback of 1.0 metres from the street line whereas 6.0 metres is required. This will legalize an existing condition. City Planning staff conducted a site inspection of the property on November 18, 2021. Figure 2: Elevation View of the Subject Property's Front and Existing Driveway REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the Mill Courtland Woodside Park Secondary Plan, the intent of the Low Rise Conservation designation is to retain the existing low rise, low density housing stock, allowing for only slight increases in density through conversion or redevelopment to a maximum of three dwelling units. As such, duplexes are a permitted housing form within this designation and the conversion of a single -detached dwelling into a duplex, facilitated by the requested minor variance, is appropriate. The applicable parts of the City Official Plan put emphasis on the provision of a range, variety, and mix of housing type that are compatible with and respect the massing, scale, design, and physical character of adjacent properties and the surrounding neighbourhood. Details concerning any potential external changes to the site which may be required to facilitate the conversion can be addressed through the site plan process, with any impacts being mitigated. The requested variance would allow for some external physical changes to the existing grading and landscaping of the lot to be avoided. As such, it is the opinion of staff that the requested variances are appropriate and meet the general intent of the Secondary Plan. General Intent of the Zoning By-law The general intent and purpose of the 6.0 metre required setback from a street line is to allow for a vehicle to be safely parking on a driveway without affecting the City right-of-way or surrounding properties. With the proposed reduction in setback, the first required parking space would still be contained to the applicant's driveway. The driveways of the adjacent properties are of a sufficient distance from the subject properties driveway that visibility is not obstructed. The current driveway is double wide and could comfortably fit the two required parking spaces side by side. Further, short term parking is available on the street. No negative impacts to neighbouring properties are anticipated due to the requested variance. Therefore, staff is of the opinion that the intent of the Zoning By-law continues to be maintained. Is the Variance Minor? The requested variance is minor in nature, as it is not expected to create unacceptably adverse impacts on the subject property itself or on adjacent lands. The proposed reduction in setback from the street line for the first required parking space will still allow vehicles safe ingress and egress without impacting the City right-of-way or the surrounding properties and neighbourhoods. Further, there will be minimal visual impact from the proposed variance as it is legalizing and existing condition. Is the Variance Appropriate? The requested variance will facilitate the establishment of a duplex, which is a permitted and appropriate use for the subject property and surrounding area. There are no anticipated negative impacts to the adjacent properties or the neighbourhood. The safe operation of vehicles to and from the site continues to be supported and the physical characteristics of the subject property and existing streetscape will be maintained. Building Comments: The Building Division has no objections to the proposed variance provided a building permit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services can support a 1.0 metre parking setback from the required 6.0 metre parking setback, as noted within the application. Heritage Comments: There are no heritage planning concerns associated with this application. Engineering Comments: Engineering has no comments or concerns with this application. Environmental Planning Comments: There are no natural heritage concerns. Region of Waterloo Comments: The Region of Waterloo has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: December 7, 2021 REPORT NO.: DSD -2021-248 SUBJECT: Minor Variance Application A2021-134 715 Frederick Street Owner —Josef Krivan RECOMMENDATION: That Minor Variance Application A2021-134 for 715 Frederick Street, requesting relief from Section 39.2.4 of By-law 85-1 to allow a minimum lot width of 13.8 metres for a proposed three -unit multiple dwelling, whereas 15.0 metres is required, be approved, subject to the following conditions: 1. That the owner shall apply for and obtain a Zoning Occupancy Certificate from the City's Planning Division. 2. That the owner shall apply for a Stamp Plan B Site Plan Application and obtain approval thereof, for the conversion of the use to a three -unit multiple dwelling, from the City's Director of Planning. 3. That the owner shall apply for a Building Permit for change of use of the building to a three -unit multiple dwelling. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the property. 5. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 6. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 7. That conditions 1 through 6, above, shall be completed by December 14, 2022 or else the variance shall be considered void, or otherwise obtain an extension in writing from the City's Director of Planning. REPORT HIGHLIGHTS: The applicant is requesting approval of the subject Minor Variance Application to legalize the existing lot width of 13.8 metres, whereas 15.0 metres is required, to facilitate the establishment of a three - unit multiple dwelling within an existing building. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property is located on the south side of Frederick Street, west of River Road East, in the Rosemount Planning Community. The subject property contains a 2.5 storey duplex dwelling constructed in approximately 1957. The neighbourhood is composed of a wide range of low and medium density residential land uses, including single detached dwellings, semi-detached dwellings, duplexes, street townhouses, and multiple dwellings. The subject property is designated Low Rise Residential on Map 3 (Land Use) of the Official Plan. In addition, the property is identified as being within a Community Area on Map 2 (Urban Structure) of the Official Plan. Furthermore, Frederick Street is designated as a Planned Transit Corridor on Map 2. City Planning staff visited the property on December 5, 2021 l Location Map (subject property is outlined in white) REPORT: Planning Comments: The property is currently used as a duplex dwelling. The owner is proposing to convert unused space in the basement of the existing building into a third dwelling unit, rendering the use a multiple dwelling. The minimum lot width for a duplex dwelling is 9.0 metres, however, the minimum lot width for a multiple dwelling is 15.0 metres. To facilitate the establishment of a three -unit multiple dwelling, the owner is requesting relief from Section 39.2.4 of By-law 85-1 to permit a lot width of 13.8 metres, whereas 15.0 metres is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent and Purpose of Official Plan Test Many Official Plan policies apply to the subject variance request, including, for example: 3.C.2.52. Limited intensification may be permitted within Community Areas in accordance with the applicable land use designation on Map 3 and the Urban Design Policies in Section 11. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. 15.D.3.8. The Low Rise Residential land use designation will accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. 4.C.1.10. Where appropriate, and without limiting opportunities for intensification, the City will encourage and support the ongoing maintenance and stability of existing housing stock in the city by: a) supporting the reuse and adaption of the housing stock through renovation, conversion and rehabilitation... The requested variance would facilitate the establishment of a three -unit multiple dwelling, which represents sensitive intensification of the subject property. The existing building is not proposed to change to accommodate this intensification and the existing building design is typical for this neighbourhood, fully compatible with the character, form and planned function of the surrounding context. Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent of the minimum lot width regulation is to ensure that the property can accommodate an adequately sized dwelling and to ensure all necessary facilities to support the proposed use can be provided, such as an appropriately sized driveway and landscaped / amenity area. It also helps to ensure that rear yard parking can be accommodated. The minimum lot width helps to ensure that the dwelling contributes positively to the streetscape. In this case, it should be noted that while the lot width is slightly deficient, the lot area exceeds the minimum requirement by 71 square metres. The lot is fairly deep at 41.1 metres. This depth allows the 3 required parking spaces and a landscaped / amenity area of approximately 170 square metres to be located in the rear yard. Also, the building has existed in its present form for nearly 65 years. Planning staff is satisfied that facilities can be provided to support the conversion of a property to a three -unit multiple dwelling. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test Planning staff is of the opinion that the requested variance is minor since it will not create unacceptably adverse impacts on adjacent uses or lands. All on-site facilities can be provided and there are no plans to change the existing building to facilitate the conversion of the building to a multiple dwelling. Desirability for Appropriate Development of the Land Test The requested variance would facilitate the intensification of the property by one unit, without any changes to the existing building. All on-site facilities are provided to support the conversion. The proposal would also support the maintenance and stability of the existing housing stock by supporting the reuse and adaptation of an existing duplex dwelling to a multiple dwelling. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified. Heritage Comments: There are no heritage planning concerns. Environmental Planning Comments: There are no natural heritage concerns as no new development is proposed. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions, Engineering Services Comments: The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property. Our records indicate the existing water service may be under -sized to accommodate additional units. Any further enquiries in this regard should be directed to Eric Riek (eric.riek(a)kitchener.ca). A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Section 45, Planning Act Attachments: Attachment A — Drawing submitted with application form Appendix A — Drawing Submitted with Application Form 138375 m N A 1.85 8.5700 3.4175 W 0 0 a CD 1.85 11.9875 e Pnrkir� / o p Vemallf o Z lll� CD g w 8.8275 4.32 0.89 $ a d gg � 6. 74.3? � T ct m o n CDD d SD z Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. To: City of Kitchener, Planning Division 200 King St. W. Kitchener, ON N2G 4G7 Josef Krivan To whom it may concern. Dear Madam, Sir. I am the owner of duplex on 715 Frederick St. in Kitchener. There is an unused space in the basement that could be converted to a decent size one bedroom apartment. Due to the recent housing crises I have decided September 8th, 2021 to create low budget accommodation. I don't have to construct the entire structure, just use existing one. The interior renovation will never cost as much. It will allow me to rent the unit in lower range price. Thank you in advance for positive approach to my request. Josef Krivan Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 i www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Thompson, Lisa, Planning Technician 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: REPORT NO.: December 1, 2021 DSD -2021-236 SUBJECT: Minor Variance Application A2021-135 1572 Highland Road West Owner - Tim Bezner, Greenbrook Development Corporation Applicant - Ryan Hicks, SRM Architects RECOMMENDATION: That application A2021-135 requesting permission to provide 43 parking spaces for a new development of a Printing and Publishing Establishment rather than the permitted maximum of 27 spaces under By-law 2019-051, be approved subject to the following condition: 1. That a maximum of 43 parking spaces shall be permitted for Site Plan application SP21/124/H/LT for a printing and publishing establishment. REPORT HIGHLIGHTS: The application is requesting permission to provide 43 parking spaces for a new printing and publishing establishment to be constructed on the property, rather than the permitted maximum of 27 spaces. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as General Industrial Employment in the City's Official Plan and identified as Industrial Employment Area on the City's Urban Structure Map. The property is zoned EMP -1 in Zoning By-law 2019-051. REPORT: Planning Comments: The subject property is located at the intersection of Highland Road West and Glasgow Street. The site is presently vacant, and staff have been working with the owner on a site plan application to develop the property with a new printing and publishing establishment. The owner has indicated that the requested 43 parking spaces are required to support the employees and provide space for customers that will attend the property. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The Official Plan designation of General Industrial Employment is being maintained as the use of the property will be an industrial use consisting of a printing and publishing establishment along with associated warehouse and office space. This use of the property meets the general intent of the Official Plan. General Intent of the Zoning By-law The subject property is zoned EMP -1 in By-law 2019-051. This zoning by-law has implemented new parking requirements for uses in the City of Kitchener. For industrial uses, the City has imposed minimum and maximum parking requirements to ensure properties do not "over supply" parking where it is not necessary. This industrial use will employ a number of staff and will also have customers attending the property. It is the opinion of staff that the modest increase in parking spaces is appropriate to support the use on site. The proposed increase in parking spaces to 43, meets the general intent of the zoning by-law. Is the Variance Minor? The proposed 43 parking spaces will provide adequate area for both employees and customers to the site without compromising any other features of the property, such as landscaping. Staff consider a maximum of 43 parking spaces rather than 27 to be minor. Is the Variance Appropriate? The development of a printing and publishing establishment on the property is permitted pursuant to By-law 2019-051 and complies with all other zoning regulations. The increased supply of parking spaces on the site is considered appropriate by staff as the number of spaces will support the employees and visitors to the property without impacting any other features of the site or surrounding properties. Staff also note that the subject property is not on a major bus route so employees and customers must drive to the site. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: After reviewing SRM Architects Inc. Parking Justification (November 5, 2021) letter that was submitted as part of this application, Transportation Services offer the following comments. The information provided by SRM Architects Inc. notes, the site will operate in the design, manufacturing and installation of interior and exterior signs and graphics, with employees driving to/from the site, fleet vehicle parking, sufficient customer parking and expected growth. Therefore, based on the parking needs of this development and the information provided by SRM, Transportation Services can support the requested parking increase to the proposed 43 spaces from the required 27 parking spaces. Engineering Comments: Engineering has no comments. Region of Waterloo Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A Site Plan application has been filed for this property and is under review. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -2021-238 SUBJECT: Application A2021-136 888 Trillium Drive Owner- Scholars' Hall Inc. Applicant- Caitie Fitzpatrick, Witzel Dyce Engineering Inc. RECOMMENDATION: That application A2021-136 requesting permission to construct an addition expanding the legal non -conforming use of `Educational Establishment' having an increased Gross Floor Area (GFA) of 42% (2017.1 sq.m. GFA to 2869.94 sq.m. GFA) of the institutional building (AS AMENDED) be approved. REPORT HIGHLIGHTS: The applicant is requesting permission to expand a legal non -conforming use (educational establishment) by constructing an addition to an existing building. Location Map: 888 Trillium Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property located at 888 Trillium Drive received site plan approval to construct an Educational Establishment in 2001. The building was constructed and established as a permitted use under Zoning By-law 85-1. Zoning By-law 19-051 came into effect on April 29, 2019. The use of "Educational Establishment" on the lands became legal non -conforming on that date as the new zoning designation (EMP -5) does not permit an educational establishment use. The subject property is designated as Business Park Employment City's Official Plan and identified as an Industrial Employment Area on the City's Urban Structure Map. The property is zoned as General Business Park Employment (EMP -5) in Zoning By-law 19-051 REPORT: Planning Comments: In considering Section 45(2) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: Section 45(2) of the Planning Act allows the Committee of Adjustment to grant permission for the enlargement or extension of a building or structure that is considered legal non -conforming. The site was designed to include a second phase expansion. The expansion is proposed to be within the boundaries of the subject site. Planning Staff have received a site plan application for the proposed expansion, which is currently under review. Planning Staff do not have any concerns with the proposed expansion of a legal non -conforming use on this site. In the opinion of staff, this request conforms to Section 17.E.20.9 of the City's Official Plan. City Planning staff conducted a site inspection of the property on December 2, 2021 View of Existing Educational Establishment (December 2, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the school is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No Heritage concerns. Environmental Comments: No Environmental Planning concerns. View of Proposed Area of Expansion (December 2, 2021) STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA ,avid Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w �- Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion PLAN PLAN REVIEW REPORT: City of Kitchener Sarah Goldrup DATE: December 1, 2021 YOUR FILE: A2021-136 GRCA FILE: A2021-136 — 888 Trillium Drive RE: Application for Minor Variance A2021-136 888 Trillium Drive, City of Kitchener Scholars' Hill Inc. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject property contains an erosion hazard, an associated allowance, and the regulated allowance adjacent to a wetland. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the applicant is requesting an extension of the legal non- conforming use to facilitate a proposed addition to the building. GRCA staff have no objections to the intent of the application and we do not anticipate any impacts to the adjacent features as a result of this application. Due to the features noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. The proposed addition and any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-136 - Pagel of 2 888 Trillium DriveW2021-136 - 888 Trillium Drive.docx Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Plan Review Fees: This application is considered a `minor' minor variance and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280.00. The applicant will be invoiced in the amount of $280.00 under separate cover. Should you have any questions or require further information, please do not hesitate to contact me at 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority cc: Scholars' Hill Inc. c/o Frederick Gore (via email only) Witzel Dyce Engineering Inc. c/o Caitie Fitzpatrick (via email only) N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-136 - Page 2 of 2 888 Trillium Drive\A2021-136 - 888 Trillium Drive.docx +T N (_ Z 0 N0 U Q- L �' OQ N �Q _ cje°�E4 �°a� ">12 - > Q (7 cLi L Q O Q d _ o E N - 2(9 c- = E Y t M MD (D o ° m (7 E -= 5 A o_ '0 3 v L i L r V N N a5 a5 (� a5 O J J> > Q E d Q Q U U O Q O O C 0 L w a) U E �- N N w - w '8 ` s 30. `w N U v - N O C N a) (7 O o E 0 m -° m N D- n D- C? N w to w w- n a) .a) .( .(D Q L .. a, g Y - `- o = A - O Q U m m m �? °' in Q Q m m m w w Q U) '• °�' ° in O in p o w` w` w` w` o Oo Y Y Y Y �, 0 o6 Q o A - v a _ .`__ v> 10 m N 1 0 w (n (n 0 0 0 0 n A F d' U' F `v >. �2 m o a _ o. m g m- LL j C T O u m C C Z C m n 'n W 'n U O o v', o S S v F v s Q Z Z j S 0 O N O OVA F y 1' r • - C., e: •' -+ 4 00 0000 •' - `(, - ,. �. ,.. e C _ 7 l:'; •� dww A� ro 0 Ak Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 1411, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 31d, 2021 REPORT NO.: DSD -21-234 SUBJECT: Minor Variance Application A2021-137 29 Hurst Avenue Owner & Applicant — Lucas Rowe RECOMMENDATION: That application A2021-137 requesting permission for a multiple dwelling to have a minimum lot area of 474 square metres, whereas a minimum lot area of 495 square metres is required, a minimum lot width of 13.19 metres whereas 15 metres is required, a rear yard setback of 4.52 metres rather than the required 7.5 metres, and Relief from Section 4 to permit 2 of the required parking spaces to be in tandem, whereas the By-law 85-1 does not permit parking in tandem for a multiple dwelling, be approved subject to the following conditions; 1. That Site Plan approval is issued to the satisfaction of the Manager of Development Review. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 3. That all conditions shall be completed prior to June ls1, 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 this decision. Failure to fulfill these conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.4 of the Zoning By-law to permit a multiple dwelling to have a lot area of 474 square metres rather than the required 495 square metres, a lot width of 13.19 metres rather than the required 15 metres, a rear yard setback of 4.52 metres rather than the required 7.5 metres. Further relief is being sought from Section 4 of the Zoning By-law to permit 2 of the required parking spaces to be in tandem, whereas the By-law does not permit parking in tandem for multiple dwellings. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. The applicant is currently renovating the existing structure to a duplex, and is now proposing to add a 31d unit on the property in order to create a multiple dwelling with 3 units. A previous minor variance granted a rear yard setback of 6.1 metres and a deck setback of 3.0 metres. In revising the building permit application, the proposed rear yard deck has been altered and is now setback further than the previously requested 3.0 metres and is 4.5 metres from the rear lot line. A roof addition has been proposed for over the proposed deck and because a roof is part of the structure of a building a new rear yard setback of 4.52 is required. There are no further setbacks to the main foundation of the building and that will remain at the 6.1 metre setback. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan within the City's Official Plan. This designation permits low density forms of housing as well as allowing slight density increases by permitting conversions to a maximum of three dwelling units. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variances for lot width, lot area, rear lot setback and to permit parking spaces in tandem meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the lot size and lot width requirements is to ensure there is adequate space for parking and site functionality for a multiple dwelling use. Due to the shape of the property, the property is wider at the rear with the front of the property being the narrowest. The parking will be located at the rear of the property in the area that is the widest and will not be located at the front of the property. The general intent of the 7.5 metre rear yard setback is to provide adequate amenity space for the dwelling. As mentioned previously the 4.52 metre setback pertains to a roof overhang that is above the proposed new deck. The deck space as well as the remaining yard space will provide adequate amenity space for the proposed new units. The general intent of not permitting parking spaces to locate in tandem is to ensure that parking spaces for multiple dwellings can be accessed independently. Staff notes that for a Duplex use in the Zoning By-law, the parking spaces are permitted to be located in tandem. Essentially, the parking layout for the proposed 3 -unit multiple dwelling is the parking layout for a duplex (tandem), plus a third space that can be accessed independently without having to move another vehicle. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor, as it is the opinion of staff that given the reduction in lot area, lot width, rear yard setback and permitting 2 parking spaces in tandem, the lot will continue to accommodate a rear yard amenity space, and still permit the site to function. The lot size of 474 square metres and lot width of 13.19 metres is a minor reduction from what is permitted, and setback of 4.52 metres for the rear yard setback and permitting parking spaces in tandem will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on November 26th, 2021. Photo of Subject Property (Front and Side view) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: While the current zoning by-law (85-1) does not permit tandem parking for this use, the future zoning by-law will permit tandem parking, therefore, Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. Environmental Comments: No natural heritage or Tree Mangement Policy (TMP) issues, assuming no new development STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A2021-008 — Minor variances for setbacks. The applicant has provided a revised Concept Layout for the triplex with this application for reference. See concept image below. - 4 - SNDE IAT LINE ..Y, 4.5m FRONT EX ASPHALT *.+� EXH EDGE YARDSERDACK DRIVEWAN 3m SIDE YARD 5ET8CK ROOF LINE W — —Ns- — w r w x S.6T LINE OF Lw j RALCON' EL WALKWAY ENCLOSED AB92F t F DN H PORCH _ 112 STOREY x I - BPoCK DWELLING i MUN. Na 29 r- ROOF LINE LANDSC.AR I I & UNCOVERED _ -- • QN _ WOOD DECK — I � I _ 1.2m SIDE YARD J 4 — -' .__ . LANDSCAPED . � ROOF LINE SETBACK SIDELOTLINE'Xfj� -- %�-- 7.50 PARKING 4 5.55 — —�I 5.50 'g /RAKING if PARKING ++ N — ROOF LINE - 4.99 DN PROPOSED WOOD 3•.T9 �e 23TDREY DECK 1 LANDSCAPED' R i I Concept Layout — 29 Hurst Avenue Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca PLAN REVIEW REPORT: Committee of Adjustment City of Kitchener DATE: FILE: December 2, 2021 Minor Variance A2021-137 — 29 Hurst Avenue RE: Minor Variance Application A2021-137 29 Hurst Avenue Lucas Rowe GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. Future planning should consider the broad flooding hazard present in the area. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands are adjacent to Schneider Creek and its associated floodplain. 2. Legislative/Policy Requirements and Implications: While the proposed development is not regulated under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation), the GRCA does take interest as Hurst Avenue is affected by the flooding hazard, it provides the primary access to and from the property, and the application is proposing to add dwelling units. The GRCA wishes to ensure new residential development occurs where properties have safe access in the event of a regulatory flood. Safe access provisions ensure that flood depths and/or velocities do not prohibit safe evacuation or access by emergency response during a regulatory storm. Our review of the floodplain has determined that flood depths are approximately 0.6 metres, and safe access out of the floodplain would be possible via Hurst Avenue and Kent Avenue. As such, the GRCA has no concerns with this application. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Advisory Comments to the City: This application is within the Planning Around Rapid Transit Stations (PARTS) Rockway Plan area. Additional floodplain analysis was completed in support of the plan. Hurst Avenue is identified as a "Candidate Flood Fringe," which is currently treated as part of the floodway, and may become fringe in the future. The application is within an `island' area that is bounded by the Schneider Creek and Shoemaker Creek regulatory floodplains. The intersection of Stirling Avenue South and Courtland Avenue East is affected by the Schneider Creek floodway, and may not be safe during a regulatory storm. Safe emergency access to the area would be available via Ottawa Street South and Courtland Avenue East. Barring other floodplain improvements outlined in the PARTS Rockway Plan hydraulic analysis, the City should be aware of these safe access issues, especially if additional dwelling units are proposed in this area going forward. 4. Review Fees: We received the required Plan Review fee for our review of Minor Variance Application A2021-008, and no additional fees are required. No GRCA permit is required. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a)grandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Attachments c. c. Thomas Rowe Lucas Rowe Page 2 of 2 Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Thompson, Lisa, Planning Technician 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: December 1, 2021 REPORT NO.: DSD -2021-237 SUBJECT: Minor Variance Application A2021-138 945 Victoria Street North Owner - Pureland Investments Inc. Applicant - Juliane von Westerholt RECOMMENDATION: That application A2021-138 requesting relief from Section 4.14.8 1 b) of By-law 2019-051 to permit a restaurant patio 0.0 metres from the street line, rather than the required 3.0 metres, and relief from Section 4.15.3 a) i) to permit the drive-through stacking lane to be located 2.2 metres from an abutting residential zone where a visual barrier is provided along the abutting lot line, rather than the required 15 metres be approved subject to the following condition: 1. That the variances shall only apply to the proposed development to be approved through site plan application SP21/077/V/LT. REPORT HIGHLIGHTS: The subject property is located at 945 Victoria Street North, just east of the River Road intersection. Demolition of an existing carwash will be required prior to development of a new commercial building. } r � 1 Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Commercial in the City's Official Plan and identified as Urban Corridor on the City's Urban Structure Map. The property is zoned as COM -2 (108) in Zoning By-law 2019-051. REPORT: Planning Comments: The applicant is requesting relief from Sections 4.14.8 1 b) and 4.15.3 a) i) to facilitate the development of a new commercial building on the property. The building will house a commercial unit and a restaurant with a drive-through facility. The requested variances are related to the restaurant use proposed for the property, namely a reduced setback for an outdoor patio area and a reduced setback for the drive-through stacking lane along the rear of the property. Staff have been working with the applicant to find a site design that will provide the most functional use of the property while minimizing impacts to neighbouring properties. There is a current site plan application in process for the development. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The proposed variances maintain the general intent of the Commercial designation of Official Plan as the site will be developed with a two unit commercial building which is of a size that is compatible with the lot. The urban structure of Urban Corridor is also being maintained as the commercial uses support the large volume of vehicular traffic within the Victoria Street Urban Corridor. General Intent of the Zoning By-law The proposed variances meet the general intent of the zoning by-law as the reduced setback for the restaurant patio will be in a location that still provides adequate separation from the edge of the roadway due to a large Regional Road boulevard. Likewise, the reduced setback to the drive-through stacking maintains the intent of the zoning by-law as the proposed location will not have any negative impact on the abutting residential property. The stacking lane will be separated from the abutting residentially zoned property with a 1.8 metre high visual barrier. On the abutting residential property, the parking lot is located adjacent to the shared lot line. This will ensure that the stacking lane will not create any noise impact for residents of the building. Is the Variance Minor? Staff consider the requested variances to be minor as there will be no impact on abutting properties, and the noise study confirmed that the location of the stacking lane will not create noise concerns for the residential property. Is the Variance Appropriate? Staff consider the variances to be appropriate for the orderly development of the subject property. The commercial building and uses are permitted pursuant to By-law 2019-051, and staff are satisfied that the location of the patio and drive-through stacking lane are both in appropriate locations on the property. Building Comments: The Building Division has no objections to the proposed variance Transportation Comments: Transportation Services has no comments. Engineering Comments: Engineering has no comments. Region of Waterloo Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A Site Plan application has been filed for this property and is under review. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14th, 2021 i www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -2021- 231 SUBJECT: Minor Variance Application A2021-139 938 Strasburg Rd Owner — Stefan Despotovic, Nedalina Despotovic & Vladan Despotovic RECOMMENDATION: That minor variance application A2021-139 requesting relief from Section 6.1.1.1 b) i) of the Zoning By-law 85-1 to convert the garage into a home business (personal services) having the required off-street parking space located 2.2m from the street line rather than the required 6m. 1) That the Owner applies for a Zoning Occupancy Certificate from the Planning Division Location Map: 938 Strasburg Rd. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas in the Urban Structure Map. The property is zoned Residential Three (R-3) in the By-law 85-1. The applicant is converting the garage into a home business (personal services) and continue to have the use as a single detached dwelling. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested variance to legalize the off-street parking space 2.2 metres from the street lot line meets the general intent of the Zoning By-law. The intent of the regulation of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right- of-way and surrounding properties. The current driveway is approximately 5.4 metres wide and can fit two parking spaces side-by-side. Is the Variance Minor? The requested variance for parking is considered minor as it is the opinion of staff that the required parking space can be accommodated within the existing driveway in a safe manner. The requested setback is 3.8 metres less than the required 6 metres and will not present any significant impacts to adjacent properties or the overall neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. City Planning staff conducted a site inspection of the property on December 31d, 2021. P Street view of 938 Strasburg Rd Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support a 2.2 metre parking setback from the required 6.0 metre parking setback, as noted within the application. Heritage Comments: No heritage planning concerns. Engineering Comments: Engineering has no comment. Operations Comments: No comments. Environmental Planning Comments: No natural heritage. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 703 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 1, 2021 REPORT NO.: DSD -2021-242 SUBJECT: Minor Variance Application A2021-140 630 Benninger Drive Owners —Activa Holdings Inc Applicant — Pierre Chauvin, MHBC Planning RECOMMENDATION: That application A2021-0140 requesting relief from Section 8.3 of the Zoning By-law 2019-051 to permit a minimum ground floor building height for any building with street line facade of 3.0 metres rather than the required 4.5 metres and requesting relief from Section 19 (69) e) xi) and Section 19 (69) f) vii) of the Zoning By-law 2019-051 to permit encroachments for stairs and access ramps, provided the minimum setback to the encroachment is 0.5 metres from the exterior side yard lot line rather than the required 1 metre be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 8.3 of the Zoning By-law 2019-051 to permit a minimum ground floor building height for any building with street line facade of 3.0 metres rather than the required 4.5 metres and requesting relief from Section 19 (69) e) A) and Section 19 (69) f) vii) of the Zoning By-law 2019-051 to permit encroachments for stairs and access ramps, provided the minimum setback to the encroachment is 0.5 metres from the exterior side yard lot line rather than the required 1.0 meter *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 639 Benninger Drive BACKGROUND: The property is designated Mixed Use in the City's Official Plan and identified as City Node on the City's Urban Structure Map. The property is zoned as MIX -1 (Mix Use One) with site specific provisions (27) and (69) in Zoning By-law 2019-051. The existing property is a vacant parcel and the surrounding neighbourhood consist of residential lots and blocks that are vacant or under construction. The subject lands have received approval in principle for a site plan to develop the vacant lands with 225 residential units and a future commercial plaza located along Nathalie Street. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated as Mixed Use in the City's Official which provides for a broad range commercial, retail, institutional and residential uses, at different scales and intensities. The requested variance maintains the land use designation and continues to allow multiple dwellings and stacked back—to— back townhouses. Staff is of the opinion that the proposed variance conforms to the designation. General Intent of the Zoning By-law The requested minor variance to reduce the minimum fagade height for buildings fronting a street from 4.5 metres to 3.0 metres meets the general intent of Zoning By-law 2019-051. The intent of the 4.5 metre fagade for buildings fronting a street is to ensure mixed used buildings first floors can accommodate a range of retail uses. The stacked back-to-back are 100% residential and the commercial component of the development is located in a separate building along Nathalie Street. Staff support the reduce fagade height for the residential buildings fronting a street and are of the opinion the variance meets the intent of the Zoning By-law. The requested minor variance to allow stair encroachments in a side yard abutting a street meets the general intent of Zoning By-law 2019-051. The purpose the regulation is to ensure there is adequate space is landscaping, utilities, and to ensure there are no driveway or corner visibility issues from the stairs. The stairs are not located within driveway or corner visibility triangles and there is adequate space for landscaping and utilities. Staff support the side yard fronting a street stair encroachment and are of the opinion the variance meets the intent of the Zoning By-law. Is the Variance Minor? The variances are minor in nature and will not create unacceptable impacts on either the subject property or adjacent properties and will allow for the development of multiple dwellings and stacked back-to-back townhouses that are compatible with the planned low rise residential neighbourhood. Is the Variance Appropriate? The variances are appropriate for the development and use of the land. The requested variances will not impact any of the adjacent properties or the surrounding area. Planning Staff is of the opinion that the variance is appropriate. City Planning staff conducted a site inspection of the property on November 27, 2021. Existing vacant parcel at 630 Benninger Drive Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the detached garage to the single detached dwelling. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -21-249 SUBJECT: Consent Application B2021-063 11 East Avenue Owner — 2839636 Ontario Inc. Applicant — Mackenzie Streutker C/O Van Harten Surveying Inc. RECOMMENDATION: That application B2021-063 proposing to sever a 28 square metre strip of land 0.762 metres in width and 36.35 metres in depth from 11 East Avenue for the purpose of conveying it as a lot addition to the property municipally addressed as 15 East Avenue be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division; 2. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land 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 City's Mapping Technologist. 3. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. PA 3, as amended. 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5. That a qualified designer be retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. property line shall addresses spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 6. Should any remedial work or upgrades be identified as required by the assessment, the owner will apply for a build permit prior to construction, to the satisfaction of the City's Building Division 7. That the owner applies for a building permit prior to the demolition of the existing detached garage, to the satisfaction of the City's Building Division. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a consent application proposing a lot addition. Application B2021-063 is requesting to sever a portion of land with a width of 0.762 metres, a depth of 36.35 metres, and an overall area of 28 metres from 11 East Avenue, to be conveyed to 15 East Avenue which is the adjacent property to the south-east. Figure 1: Location Map of 11 East Avenue .. F •. ..,- cEYn�nr �_v PIN 22517-0239(LT) PIN 122517 - 0240 (LT) PIN 22517 0241 f LTJ %\ j. ` '` b 24,88 PrN 22sv-o2aa (cr) 12.39 , , ,T z / Enlmsmae SEVERANCE SKETCH R6TAINE° I—STOREY BRICK pe SCALE I : 200 (NP. 11) OI LOT 18 J VAN AAmNsuRvenNGIC_ 1 TTI 0N: P!N 2251T - 0242 (LT) PIN 225] 9 - 0253 (LT) Gr Re used Eoa WTRANS0.GNPN GR MPRTGPGE P9RPGSES — — — — i. THIS sKErcH la PR°TPcre° RV L6PYRIfilIT p Boz, 36.35 3 + HrrcNENER. REaioNu PM✓8.1V 36.38 / z Es arv°cnN aE 3. DIRIENSIDINS ON THE B—CH ARE .TE oNnvE 114, �I n .) PeRCKE�c Q� Er aa.ICK < suRVEvaassEAE RiciNnelPEMeossEO Rv THE nous � E° s _ PIN 22517 0243 (L F) (N4 +s) LOT 19 Q —ON R�PI,� LrvP iR-51 �2S L oN [39.x.i� EaEquIREOZK 233Ms _ _ MINIMUM u],ARe4 �:SM �2 v PIN 22517-02431LT) an Harten SURVEYING INC. LANA SIfRVEY()R53..d ENGINEERS ` ecMm Luepn OnnpeNe G� 351T ------ - wR�-h Bn.— I vanhaRePPn— 10 5 a I�MAK r h,.( me�unlw AMKETLHEGT1e PLWt�W122I) GNT�RI°+,N� NR �_ (_ ­ O Figure 2: Sketch of Proposed Severance and Lot Addition BACKGROUND: The subject property is located on the west side of East Avenue, near the East Avenue and Frederick Street intersection. It is within the Central Frederick Planning Community. The adjacent properties to the west and south contain single -detached residential dwellings, while the adjacent property to the north contains a low rise multiple dwelling. The surrounding neighbourhood is predominately characterized by low density residential uses, with some commercial uses and mixed land uses. Lot sizes vary in width, depth, and area. At present the subject property is developed with a single detached residential dwelling, detached garage, and detached accessory structure. Building permit application 2021 133995 to add a second storey and rear yard addition and convert the single - detached dwelling to a duplex has been received and is currently under review. The demolition of the existing detached garage is proposed as part of these renovations. This consent application for a proposed lot addition is not to facilitate the conversion from single to duplex and is not related to the building application. The property is designated as Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan and a Community Area on the City's Urban Structure Map. The subject property is zoned Residential Five Zone under Zoning By-law 85-1; at present the lot is not subject to Zoning By-law 2019-051. There is a special regulation 129U which does not permit multiple dwellings on affected lands. City Planning staff conducted a site inspection of the property on November 18, 2021. Figure 3: Existing Side Yards of 11 East Avenue (Right) and 15 East Avenue (Left) REPORT: Planning Comments: Consent The applicant is requesting permission to sever and convey a rectangular portion of land from the subject lot in a lot addition. The parcel of land to be severed and conveyed has a width of 0.762 metres, a depth of 36.35 metres, and an overall area of 28 metres squared. The intent of the proposed lot addition is to widen the side yard of 15 East Avenue to provide easier access to the property's rear yard and to provide adequate space for the owner to maintain their property and dwelling. At present the side yard setbacks of 15 East Avenue make it challenging to transport equipment for maintenance, such as wheelbarrows or lawn mowers, from the front yard to the rear (Figure 4). Figure 4: Existing Side Yards of 15 East Avenue Zoning By-law The subject property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. The R-5 zone permits a range of housing densities and forms, including single detached dwellings. The R-5 zone requires a minimum lot area of 235 square metres and a minimum lot width of 9 metres for single - detached dwellings. The resulting lot areas and widths of the two affected lots exceed these minimum requirements. The subject land is within a Residential Intensification in Establish Neighbourhood Study Area. The existing building footprints are in full compliance with the Appendix "H" (Zoning By-law 85-1) front yard setback requirements. The building footprints are not proposed to change as part of this application. The Appendix "H" front yard setback requirement applies to established residential neighbourhoods which ensures new infill development front yard setbacks are compatible with adjacent residential building front yard setbacks. The required parking spot can also be accommodated in the lots 2.7 m side yard. Official Plan The subject lands are designated Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan. The intent of this designation is to preserve the scale, use, and intensity of existing development. Permitted uses are restricted to low density forms of residential housing, including single -detached dwellings, semi-detached dwellings, and duplexes. The proposed severance and lot addition is in accordance with this aspect of the plan and maintains the existing low-rise residential land use. Section 17.E.20 of the City Official Plan implements Section 51 of the Planning Act and contains policies related to Consents. Specifically, Section 17.E.20.4 states that "Consents may be permitted for the creation of a new lot, boundary adjustments, rights of -way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created." Both the lot to be severed (11 East Avenue) and the lot the lands are proposed to be conveyed too (15 East Avenue) meet the minimum required lot area for the applicable zone and are therefore not undersized. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. This application will not facilitate any form of intensification as no new lots are being created. No new infrastructure is required to support this lot addition. There are no anticipated impacts to the present development characteristics of the surrounding area and as such the existing levels of sustainability, livability, and safety of the community will continue. With consideration to the above, Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan) The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Related to delineated built-up areas, policy 2.2.2.3 d) of the Growth Plan states that municipalities will "ensure lands are zoned and development is designed in a manner that supports the achievement of complete communities;", with complete communities being defined as places which offer and support opportunities for people of all ages and abilities to conveniently access most of the necessities for daily living, including housing. The subject lands are located within the City's delineated built-up area. The proposed severance and lot addition will help improve the usability of existing lots without impacting the existing surrounding community as it will enable easier maintenance to an existing home. Efficient land use patterns and use of infrastructure continue to be maintained. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP) The subject property is within the Urban Area in the ROP. Policies within this designation encourage the creation of complete communities and development which respects the scale, physical character, and context of established neighbourhoods. Planning staff are of the opinion that the consent application complies with the ROP, as the proposed lot addition maintains the existing residential use of the subject land and will not significantly change the design of the existing streetscape and surrounding neighbourhood. Conclusion With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O 1990, c. P.13, staff is of the opinion that the proposed severance conforms to the City's Official Plan and Zoning By-law and will allow for a lot addition. The resulting dimensions and shapes of the lots would be appropriate and suitable for the continued residential use of the lands and would continue to reflect the general scale and character of the established development pattern of the surrounding lands. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Building Comments: The Building Division has no objections to the proposed applications provided 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the removal of the detached garage on the severed property. A separate building permit will be required for the construction of the additions and duplexing. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns related to this application. Engineering Comments: Engineering has no comments or concerns with this application. Environmental Planning Comments: There are no natural heritage or tree management policy concerns associated with this application Region of Waterloo Comments: The Region of Waterloo has no concerns. Parks & Cemeteries Comments: Parks & Cemeteries has no concerns or requirements associated with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Building Permit application 2021 133995 is currently under review. N,4*+V- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT December 3, 2021 Re: Comments for Consent Applications B2021-063, B2021-064, 62021- 065, B2021-066, and B2021-069 Committee of Adjustment Hearing December 14, 2021 CITY OF KITCHENER B2021-063 11 East Avenue 2839636 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc.) The owner/applicant is proposing a lot addition. The Region has no objection to the proposed application. B2021-064 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. IT04WITI -2ii►l1Iti1 om- Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise (Advisory Comments): Regional staff note that Westmount Road (Regional Road #50) is located approximately 77 metres away from the subject lands. While it is possible that the subject lands may on occasion have traffic related noise impacts, Regional staff note the substantial intervening land uses that will likely mitigate any potential noise impacts on the retained and proposed severed lots. As a result, a transportation noise impact study or noise warning clauses will not be required for this application. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. B2021-065 156 Strange Street Richard and Erin Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the current property into two lots. Two semi- detached dwellings are under construction and the purpose would be to sever the lot into two parcels where each parcel would contain one semi-detached dwelling. This application is a resubmission of consent application B2020-032. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: IT04WITI-2 M1011 MI, 073-MBRYANVA a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. IT04WITI -2ii►l1Iti1 om- [cBRYANVA b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 0011YA 11154:11 112 and 120 Benton Street Arrow Lofts Inc. c/o Auburn Developments Inc. / Chris Pidgeon (GSP Group) The owner/applicant is proposing easements for pedestrian and vehicular access in favour of 110 Benton Street. The Region has no objection to the proposed application. ITOWWii -211 ►1111ii1073-MI.3MAIVA B2021-069 86 Whitney Place Vlad Knezevic The owner/applicant is proposing to sever the lot into two separate lots for low rise residential development. The existing dwelling is to be demolished and a duplex is proposed to be built on each new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Regional Staff note that the subject lands are approximately 167 metres from the CN Railway mainline and approximately 157 metres from Courtland Avenue East (Regional Road #53) and may be impacted by transportation noise in the vicinity. Regional staff agree that existing intervening land uses will likely partially mitigate the proposed dwellings from environmental noise. As a result, in lieu of requiring a transportation noise study (for railway and road traffic noise), Regional staff agree that the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. IT04WITI -2ii►1[ MI, o a' i[cBUYANVA 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner . om019n, �c�:�:��c IVA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: November 30, 2021 REPORT NO.: DSD -2021-241 SUBJECT: Consent Applications B2021-064 500 Karn Street Owners: Calin and Adriana Pele Applicant: Calin and Adriana Pele RECOMMENDATION: That applications B2021-064 consent to create one new lot and retain one lot to be used for single detached dwellings be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division; 2. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land 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 City's Mapping Technologist. 3. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the lots. 4. That the Owner makes 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 makes financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 6. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 9. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 10. That the owner shall replace or protect the City -owned tree impacted by proposed severance to the satisfaction of the Director of Parks and Cemeteries. 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 retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The applicant is requesting to create one new lot and retain one lot equal in size to be used for single detached dwellings. REPORT: BACKGROUND: 0 Subject Property VV. V Location Map: 500 Karn Street The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. The subject property is located near the intersection of Westmont Drive West and Karn Street. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi- detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. Previous applications (Reports DSD -19-060 and DSD -20-142) were applied for this property to sever the lot as proposed and the applicant failed to clear conditions within a year. City Planning staff conducted a site inspection of the property on November 26, 2021. Existing single detached dwelling at 500 Karn Street Planning Comments: Consent The applicant is requesting consent to create one new lot and one retain lot equal in size. To facilitate the redevelopment of the subject lands the applicant is proposing to demolish the existing single detached dwelling on the property and replace it with single detached dwellings on the severed and retained lands. The severed lot would have a lot frontage of 10.21 metres and an area of 439.5 square metres, while the retained lot would also have a lot frontage of 10.21 metres, and an area of 439.3 square metres. Zoning By-law The subject property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone permits a range of low density dwelling types such as single detached dwellings. The R-4 Zone requires a minimum lot width of 9.0 metres and minimum lot area of 235 square metres for single detached dwellings. The proposed lot widths and lot areas of the proposed severed and retained lots exceed the minimum R-4 zone lot width and lot area requirements. Official Plan The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low- rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built form. The maximum net residential density for lands which are designated Low Rise Residential will be 30 units per hectare. The proposed severance is in accord with this aspect of the Official Ian and maintains the residential land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot widths and lot areas of the proposed severed and retained lots exceed the minimum R-4 zone lot width and lot area requirements and minor variances are not required. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood which is developed with single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will facilitate a form of gentle intensification of the subject property with the creations of lots and future single detached dwellings that are compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in closer proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject lands are located within the City's delineated built up area. The proposed development represents intensification and will contribute towards achieving the City's intensification density targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. Planning Conclusions With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Heritage Comments: Heritage Planning staff does not have any concerns with the proposed application. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to demolition permit issuance. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Karn St. has sanitary sewer and water main but no storm sewer. Any further enquiries in this regard should be directed to Eric Riek (eric.riek(a)-kitchener.ca). • Since no storm sewers exist, the sump pumps will need to discharge to an infiltration gallery in the rear yards. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Comments: Park Dedication has been paid (Sept. 24 2021) in conjunction with Committee of Adjustment application B2020-031 (no endorsement). A City -owned tree will be impacted by the proposed development and the owner shall fulfill one of the following three possible requirements: 1) 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 Protection and Enhancement Plan, demonstrating protection of the City -owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b) The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City's Director Parks & Cemeteries. c) The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OEM 2. 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 Street Tree Planting Plan that shows the replacement of the City -owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks & Cemeteries. XV 3. Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: DSD -19-060 DSD -20-142 N,4*+V- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT December 3, 2021 Re: Comments for Consent Applications B2021-063, B2021-064, 62021- 065, B2021-066, and B2021-069 Committee of Adjustment Hearing December 14, 2021 CITY OF KITCHENER B2021-063 11 East Avenue 2839636 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc.) The owner/applicant is proposing a lot addition. The Region has no objection to the proposed application. B2021-064 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. IT04WITI -2ii►l1Iti1 om- Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise (Advisory Comments): Regional staff note that Westmount Road (Regional Road #50) is located approximately 77 metres away from the subject lands. While it is possible that the subject lands may on occasion have traffic related noise impacts, Regional staff note the substantial intervening land uses that will likely mitigate any potential noise impacts on the retained and proposed severed lots. As a result, a transportation noise impact study or noise warning clauses will not be required for this application. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. B2021-065 156 Strange Street Richard and Erin Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the current property into two lots. Two semi- detached dwellings are under construction and the purpose would be to sever the lot into two parcels where each parcel would contain one semi-detached dwelling. This application is a resubmission of consent application B2020-032. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: IT04WITI-2 M1011 MI, 073-MBRYANVA a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. IT04WITI -2ii►l1Iti1 om- [cBRYANVA b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 0011YA 11154:11 112 and 120 Benton Street Arrow Lofts Inc. c/o Auburn Developments Inc. / Chris Pidgeon (GSP Group) The owner/applicant is proposing easements for pedestrian and vehicular access in favour of 110 Benton Street. The Region has no objection to the proposed application. ITOWWii -211 ►1111ii1073-MI.3MAIVA B2021-069 86 Whitney Place Vlad Knezevic The owner/applicant is proposing to sever the lot into two separate lots for low rise residential development. The existing dwelling is to be demolished and a duplex is proposed to be built on each new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Regional Staff note that the subject lands are approximately 167 metres from the CN Railway mainline and approximately 157 metres from Courtland Avenue East (Regional Road #53) and may be impacted by transportation noise in the vicinity. Regional staff agree that existing intervening land uses will likely partially mitigate the proposed dwellings from environmental noise. As a result, in lieu of requiring a transportation noise study (for railway and road traffic noise), Regional staff agree that the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. IT04WITI -2ii►1[ MI, o a' i[cBUYANVA 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner . om019n, �c�:�:��c IVA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Kelly-Ruetz, Richard, Planner (Policy), 519-741-2200 ext. 7110 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -2021-243 SUBJECT: Consent Application B2021-065 154-156 Strange Street Owner: Richard & Erin Griesbaum Applicant: Boban Jokanovic RECOMMENDATION: That application B2021-065 for consent to sever the existing lot into two new lots for the development of a semi-detached dwelling be DEFERRED to the January 18, 2022 meeting. REPORT HIGHLIGHTS: • Staff is recommending that the application be deferred. This will to allow the applicant to reapply to sever the single detached dwelling currently on the same lot as the semi-detached dwelling proposed to be severed. The initial application (62020-032) was not finalized and the decision lapsed. Location Map: 160 Strange Street Semis will be addressed as 154-156 Strange Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and zoned Residential Five Zone (R-5) in Zoning By-law 85-1. 160 Strange Street received approval of a severance on September 15, 2020 (82020-032) to create a lot for a single detached dwelling, and a lot for a semi-detached dwelling. It has come to staff's attention that the conditions of the 2020 approval were not fulfilled. The approval lapsed on September 25, 2021. As it currently stands, 160 Strange Street remains an entire lot. The single detached dwelling and semi-detached dwelling are both well under construction and are currently on the same lot (160 Strange Street). It is therefore premature to approve a severance of the semi-detached dwelling until the single detached dwelling is on its own lot (or application for such severance is before Committee). As such, staff is recommending that the application to sever the semi-detached dwelling be deferred. The applicant will resubmit a new severance application to sever the single detached dwelling and both applications can be processed and decided on concurrently. a 39.62 1 2.00 -- 11-77777 141 I WW r^ - o CONCRETE FOUNDATIDN I O z n at T bl U)B f a. 1 __ja w o ° 7.99 38.84 '�--� J114 Wam O PARCEL BOONCREIE FOUNONTIONLANDS TO BE Q PART Ol4SEVERED REGISTEREZ296 sq.m. 39.71 b.59 QPARCELA�'+ LANDS TC BEU?P UNOER ODNSTRUCTIONJRETAINED 303sq.m. `. 2.00. .�-- f �I� �. 42.63 x Single detached dwelling (north) and semi-detached dwelling (south) are currently 1 lot. This lot is municipally addressed as 160 Strange Street City Planning staff conducted a site inspection of the property on December 3, 2021. Single and Semi-detached Dwelling(s) under construction at 160 Strange Strange Street Building Comments: The Building Division has no objections to the proposed consent. Heritage Comments: No heritage planning concerns. It is noted that the subject property is located adjacent to 101 Glasgow Street, which is a listed, non -designated property on the City's Municipal Heritage Register. Environmental Planning Comments: The Owner shall enter into an agreement on both the severed and retained lands to complete a tree management plan prior to any building permit being issued. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Strange St. has sanitary sewer, storm sewer and watermain. Any further enquiries in this regard should be directed to Eric Riek (eric.riek(u-)-kitchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks and Cemeteries Comments: 160 Strange St was subject of Committee of Adjustment application B2020-032. Parkland dedication of $7056.40 was required for that application and payment is outstanding. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage at a land value of $9,200 per frontage meter. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N,4*+V- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT December 3, 2021 Re: Comments for Consent Applications B2021-063, B2021-064, 62021- 065, B2021-066, and B2021-069 Committee of Adjustment Hearing December 14, 2021 CITY OF KITCHENER B2021-063 11 East Avenue 2839636 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc.) The owner/applicant is proposing a lot addition. The Region has no objection to the proposed application. B2021-064 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. IT04WITI -2ii►l1Iti1 om- Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise (Advisory Comments): Regional staff note that Westmount Road (Regional Road #50) is located approximately 77 metres away from the subject lands. While it is possible that the subject lands may on occasion have traffic related noise impacts, Regional staff note the substantial intervening land uses that will likely mitigate any potential noise impacts on the retained and proposed severed lots. As a result, a transportation noise impact study or noise warning clauses will not be required for this application. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. B2021-065 156 Strange Street Richard and Erin Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the current property into two lots. Two semi- detached dwellings are under construction and the purpose would be to sever the lot into two parcels where each parcel would contain one semi-detached dwelling. This application is a resubmission of consent application B2020-032. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: IT04WITI-2 M1011 MI, 073-MBRYANVA a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. IT04WITI -2ii►l1Iti1 om- [cBRYANVA b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 0011YA 11154:11 112 and 120 Benton Street Arrow Lofts Inc. c/o Auburn Developments Inc. / Chris Pidgeon (GSP Group) The owner/applicant is proposing easements for pedestrian and vehicular access in favour of 110 Benton Street. The Region has no objection to the proposed application. ITOWWii -211 ►1111ii1073-MI.3MAIVA B2021-069 86 Whitney Place Vlad Knezevic The owner/applicant is proposing to sever the lot into two separate lots for low rise residential development. The existing dwelling is to be demolished and a duplex is proposed to be built on each new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Regional Staff note that the subject lands are approximately 167 metres from the CN Railway mainline and approximately 157 metres from Courtland Avenue East (Regional Road #53) and may be impacted by transportation noise in the vicinity. Regional staff agree that existing intervening land uses will likely partially mitigate the proposed dwellings from environmental noise. As a result, in lieu of requiring a transportation noise study (for railway and road traffic noise), Regional staff agree that the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. IT04WITI -2ii►1[ MI, o a' i[cBUYANVA 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner . om019n, �c�:�:��c IVA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -2021-239 SUBJECT: Minor Variance Application A2021-1141 Consent Application B2021-066 120 Benton Street Owner- Arrow Lofts Inc. Applicant- Chris Pidgeon, GSP Group RECOMMENDATION: That application A2021-141 requesting permission to allow for a maximum building height of 56.55m rather than the permitted 45m to provide for the addition of a rooftop amenity be approved. And; That application B2021-066 requesting permission to grant easements in favour of 112 Benton Street; the first easement proposed over Part 1 on the reference plan provided with the application for the purpose of a loading/unloading bay; and, the second an easement over Parts 2 and 3 intended for pedestrian and vehicular ingress and egress and access to the loading/unloading bay be approved, subject to the following conditions: That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. 2. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The applicant is requesting permission to construct a rooftop amenity area on top of the building at 120 Benton Street currently under construction. This would result in an increase in building height from 45 metres to 56.55 metres. The applicant is also requesting to establish access easements for shared functional loading/unloading areas between the current condominium building at 112 Benton Street and the subject property. BACKGROUND: The subject property located at 120 Benton Street is designated as Mixed Use within the Urban Growth Centre in the City's Official Plan and identified as Urban Growth Centre on the City's Urban Structure Map. The property is zoned as Commercial Residential Three Zone (CR -3) with Special Regulation Provision 394R in Zoning By-law 85-1. REPORT: Planning Comments: Minor Variance for Building Height In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Mixed Use in the Urban Growth Centre within the Official Plan. This designation aims to be flexible and responsive to land use pattern changes and permits a broad range of uses at different scales and intensities. Policy 15.4.7 states that development of lands within the Mixed Use designation implement a high level of urban design. Staff is of the opinion that the addition of the proposed rooftop amenity area will positively contribute to the form, design, and functionality of the site. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The maximum height regulation within Special Regulation Provision 394R was established through Zoning By-law Amendment application ZCO2/35/B/JV and is specific to the subject building. The building height of 45 metres is measured to the highest point of livable floor space on the 16th floor and does not include two storeys of mechanical penthouse and elevator shaft areas above. The requested proposal to add a rooftop amenity to the 17th floor would result in the building height measurement being calculated from the 17th floor which would be 56.55 metres. The total building height and number of floors with residential units would remain the same, as constructed. The intent of the maximum building height regulation is to mitigate impacts to neighbouring properties and ensure an appropriate building mass and form. The proposal to add a rooftop amenity will not add any physical mass or height to the existing building. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The building is existing, and no additional physical height is proposed through this application. Staff consider the requested variance to be appropriate. Is the Variance Minor? 4. The proposed rooftop amenity is to be added to an existing mechanical floor. The calculation of the rooftop amenity within the building height represents a minor increase, and it is not expected to cause any adverse impacts to abutting properties. Therefore, the requested variance is considered minor. View of Existing Building (December 2, 2021) 1%clIaacl11Iy v1 rIvNvacaa wNPYu1''U1aty rucu,vc6rcu11.J''Ul 'r.3 w�II Consent (Creation of 2 Easements) The applicant is requesting consent to create 2 easements: • Easement 1 for access to loading/unloading area shown as Part 1 on below reference plan and being irregular in shape • Easement 2 for pedestrian and vehicular access, ingress and egress shown as Part 2 & 3 on below reference plan and being irregular in shape REGISTERED ;' PLAN 398 s �' ' � � i, colwxrau �zFx9�wr �'s.�- n, ➢ui .SRnt!]595 avN�C r�a-,f LOT 17 LOT J4' PIRT 9, .mm I R wne°u,v saR-rzEae '� 7 ,3.179' In � r 'f AARIS ]fi 8 iS�zpuC 1 PWR 5AR—: ]=Y� 7 5 M ry FdRr iT. { a P¢ N i i9R— iTE3E PAW rvfrn� >��� M38'21'3p�[ '�`. i_ l i3s• �' N3a'r7"i0 7.406 �.++. rCMSS31',9"E - PART 2 �"� H39`.9d'z0"F aS06„ r9.35'23'CS"E 6.2al T syn Mo. WATERLOO 9:! STANDARD CONDOMINIUM PLAN 555 4Eri F..li. @L`x'K 'ry T3556 �;,azr; �o ��' �s.sewfurs a !n•.s�A��unr xa�s3a�r LPG ' 7 9 PlFir 1 PART 3 PUN 5@a-rTRss •, L4 MUDN Fi,EMENT b _-n L _ C -,3.7x9 —0393 fpml — � �. U .m 19.]95S°�.vcPTl9'19'SY'E 2.214 J..i � Nr1'$}'jp AiRF t PiRR ,}5R -!T@96 56.G41 —4 fah _SBR-rsg rsr_;_ avc ,wz m'39M4kT °Ara(+-rJ M9.rs r'2o fp'.' ax..gstP,�f '5 3R - 639 9 1!}T l? 1-1 rc ...r Proposed Reference Plan Showing Easements The purpose of the easements is to facilitate joint functionality between the two adjacent multiple residential properties. Staff does not have any concerns with the application as the easement is providing needed access and shared loading area among the two properties. , w IN we 96e View of Proposed Shared Loading Area Access (December 2, 2021) Building Comments: The Building Division has no objections to the proposed variance and consent. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The property municipally addressed as 120 Benton Street is located adjacent to protected heritage properties within the Victoria Park Area Heritage Conservation District (VPAHCD); located adjacent to 307 Queen Street South (designated under Part IV of the Ontario Heritage Act) and is located adjacent to the Nelson Terraces which encompass properties that are listed and designated under Part IV and Part V of the Ontario Heritage Act. A Heritage Impact Assessment was submitted with the planning applications that facilitated the development currently under construction. The subject property is currently being developed with a 16 -storey building, plus a mechanical penthouse and elevator shafts which are excluded from the maximum building height calculation. The approved building currently under construction has a physical height of 18 storeys. The addition of a rooftop amenity space on the 17th storey will not alter the physical height of the approved development, nor will there be any additional impact on the adjacent heritage properties. As such, Heritage Planning staff do not have concerns with the proposed variance or consent applications. Environmental Comments: No Environmental Planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. N,4*+V- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT December 3, 2021 Re: Comments for Consent Applications B2021-063, B2021-064, 62021- 065, B2021-066, and B2021-069 Committee of Adjustment Hearing December 14, 2021 CITY OF KITCHENER B2021-063 11 East Avenue 2839636 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc.) The owner/applicant is proposing a lot addition. The Region has no objection to the proposed application. B2021-064 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. IT04WITI -2ii►l1Iti1 om- Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise (Advisory Comments): Regional staff note that Westmount Road (Regional Road #50) is located approximately 77 metres away from the subject lands. While it is possible that the subject lands may on occasion have traffic related noise impacts, Regional staff note the substantial intervening land uses that will likely mitigate any potential noise impacts on the retained and proposed severed lots. As a result, a transportation noise impact study or noise warning clauses will not be required for this application. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. B2021-065 156 Strange Street Richard and Erin Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the current property into two lots. Two semi- detached dwellings are under construction and the purpose would be to sever the lot into two parcels where each parcel would contain one semi-detached dwelling. This application is a resubmission of consent application B2020-032. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: IT04WITI-2 M1011 MI, 073-MBRYANVA a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. IT04WITI -2ii►l1Iti1 om- [cBRYANVA b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 0011YA 11154:11 112 and 120 Benton Street Arrow Lofts Inc. c/o Auburn Developments Inc. / Chris Pidgeon (GSP Group) The owner/applicant is proposing easements for pedestrian and vehicular access in favour of 110 Benton Street. The Region has no objection to the proposed application. ITOWWii -211 ►1111ii1073-MI.3MAIVA B2021-069 86 Whitney Place Vlad Knezevic The owner/applicant is proposing to sever the lot into two separate lots for low rise residential development. The existing dwelling is to be demolished and a duplex is proposed to be built on each new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Regional Staff note that the subject lands are approximately 167 metres from the CN Railway mainline and approximately 157 metres from Courtland Avenue East (Regional Road #53) and may be impacted by transportation noise in the vicinity. Regional staff agree that existing intervening land uses will likely partially mitigate the proposed dwellings from environmental noise. As a result, in lieu of requiring a transportation noise study (for railway and road traffic noise), Regional staff agree that the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. IT04WITI -2ii►1[ MI, o a' i[cBUYANVA 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner . om019n, �c�:�:��c IVA Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Sarah Goldrup From: Sent: Wednesday, December 8, 2021 10:47 AM To: Sarah Goldrup Subject: [EXTERNAL] RE: City of Kitchener - Committee of Adjustment I'm a resident of 112 Benton St. To move in, do any kind of delivery, repairs or renovations is very difficult not only for us but for the people working for us. Everything has to go in the front of the building through the big garage door and a long trec to our elevators. It would be such a great improvement to any services in the building. One other thing I would like to mention is the eye sore of the orange cones at the front of the building for all of the trades to park and the general affect of the road and traffic on the street. -. 112 Benton St. Sent from my Galaxy Original message From: Sarah Goldrup <Sarah.Goldrup@kitchener.ca> Date: 12/8/2110:19 AM (GMT -05:00) To: Subject: City of Kitchener - Committee of Adjustment Good morning I hope you're well. I understand that you contacted the office about attending the 10:00 a.m. Committee of Adjustment meeting on December 14, 2021, regarding an item of interest. I understand that electronic meetings are not everyone's cup of tea, and you would also be welcome to share your comments in writing with me in advance of the meeting. I will circulate them to the Committee of Adjustment, staff, and the applicant in advance of the meeting. Please note, your submission would make up the public record for this matter and will be noted in the minutes. Please be advised as this is a public meeting, your contact information may be disclosed if the list of the interested parties is requested related to a specific application. To have the right to appeal the Committee of Adjustment's decision on this matter, you must make a written submission in advance of the meeting or attend the meeting to make a verbal delegation. If you only intend to view the meeting, you can find the live stream at kitchener.ca/watch now. Please let me know if you have any questions. Best, Sarah Sarah Goldrup Committee Administrator I Corporate Services I City of Kitchener Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -2021-235 SUBJECT: Consent Applications B2021-067 & B2021-068 Minor Variance Applications A2021-142 & A2021-143 47-75 Charles Street East & 40-42, 50 Eby Street South Owners: K -W Working Centre for the Unemployed House of Friendship of Kitchener Applicant: Brandon Flewwelling, GSP Group RECOMMENDATIONS: I. That Minor Variance Application A2021-142 requesting relief from Zoning By-law 85-1 as follows: Section 46.3 of the Zoning By-law to permit a front yard setback of 2.0 metres rather than the required 3.0 metres; and requesting relief from Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space per 90m2 of Office space, and 1 space per 15m2 of health offices use, rather than the required 1.25 spaces per dwelling unit, 1 space per 28m2 for office use, and 1 space per 15m2 of health office use; and requesting relief from 6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20% of the required parking; and requesting relief from Section 6.1.7.1 of the Zoning By-law to permit 3 barrier free spaces, whereas 6 is required, be approved subject to the following conditions; 1. That Site Plan approval is issued to the satisfaction of the Manager of Development Review. 2. That a minimum of 56 Class A bicycle parking spaces be provided on the main floor of the proposed nine storey building for residents as noted within the Paradigm Parking Study, and, that a minimum of 14 Class A bicycle parking spaces be provided within the underground parking garage as noted within the Paradigm Parking Study for staff/volunteers to the satisfaction of the Manager of Transportation Services. 3. That all conditions shall be completed prior to December 1St, 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 this decision. Failure to fulfill these conditions, will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. II. That Minor Variance Application A2021-143 requesting relief from Zoning By-law 85-1 as follows: Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space per 90m2 of Office space, rather than the required 1.25 spaces per dwelling unit, 1 space per 28m2 for office use; and requesting relief from 6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20% of the required parking; and requesting relief from Section 6.1.7.1 of the Zoning By-law to permit 1 barrier free spaces, whereas 2 is required; and requesting relief from Section 6.1.1.2a) of to the Zoning By-law to not require a visual barrier along the lot line where a parking lot abuts a residential zone, whereas a visual barrier is required; and requesting relief from Section 46.3 of the Zoning By-law to permit dwelling units located at grade to not require an exclusive patio area, whereas an exclusive patio is required for dwelling units located at grade be approved, and III. That Application B2021-067 for consent to sever an existing lot into three lots be approved subject to the following conditions: 1. That Minor Variance Application A2021-142 receive final approval. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division; 3. That the owner 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 City's Mapping Technologist. 4. That, prior to final approval, the Owner receives site plan approval for the severed lands to the satisfaction of the Manager of Development Review. 5. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 6. The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings and noise sensitive land uses on the severed Parcel 1 lands: a) All dwellings and any noise sensitive units will be fitted with forced air -ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. b) Noise Warning Type D: "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." and further, IV. That Application B-2021-068 for consent to sever an existing lot into three lots be approved subject to the following conditions: 1. That Minor Variance Application A2021-143 receive final approval. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division; 3. That the owner 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 City's Mapping Technologist. 4. That, prior to final approval, the Owner receives site plan approval to acknowledge the alteration of the parking layout for the severed lands to the satisfaction of the Manager of Development Review. 5. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 6. The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings and noise sensitive land uses on the severed and retained lands: a) Noise Warning Type A: "Purchasers/tenants are advised that sound levels due to increasing traffic on Charles Street East may occasionally interfere with some activities of the dwelling / unit occupants as the sound levels exceed the sound level limits of the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks." REPORT HIGHLIGHTS: The consent application is requesting to sever an existing lot into three lots. The retained lands will contain an existing multiple dwelling and surface parking and the severed parcel 1 (47-63 Charles St. E.) will contain a new mixed-use development, consisting of affordable residential units, office space and health office space. The severed parcel 2 (75 Charles St. E., & 40-42 Eby St. S.) will contain an existing multiple dwelling, and will provide access to underground parking for the new building being proposed on severed lands 1. Minor variance applications are also required for each of the severed lands. Severed parcel 1 requires a parking reduction, and front yard setback reduction. Severed parcel 2 requires a parking reduction, to eliminate the requirement for a visual barrier along the property line adjacent to a residential zone, and to eliminate the requirement for private patio areas at grade for dwelling units located on the ground floor at grade. Both minor variances are requesting reductions in visitor and barrier free parking. The barrier free parking calculation will be applied to the approved new parking rate, which results in a lower number of barrier free parking spaces. A reduction in visitor spaces is requested as it is the direction that there will be very few visitors on site, and parking spaces will be able to be shared between uses. C[ NkR LES .11: T �FlOLSt a swag-0oam r rr{��r ma; Iasi nn -.11: GHA�LE5 STREET R11 3]90}.9033 i4T �^ tl i Af.1 M(lti XILiI hYIG { £+ xw ti:R6RJ r J-6 i PA PLA 1 6 .SII I I= ay ACS 41 T-0 BE ACOURFE cis .. I .� FART 7. 'L? :98R- 4492 .� �... • - i � YM 9P R M - o 4 „... a�F I v ! cas„##q`..«` NalacEl 'S' ' � 9— p aow 413 L — r � d 6ART i.�j PLAPI 58R- $441 `� e.r j y ! 7 --- J rti 3SlGI-a M1g Proposed lot fabrics 1ti ��C,s ST r 5 1m I I 1 I I 1 Location Map: 47-75 Charles Street East and 40-42, 50 Eby Street South REPORT: BACKGROUND: The properties known as 47-75 Charles St. E. and 40-42 Eby St. S. are designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan. 50 Eby St. S. is designated High Density Multiple Residential in the Cedar Hill Neighbourhood Secondary Plan. 47-55, 75 Charles St. E and 40-42 Eby St. S, area are zoned Commercial Residential Three Zone (CR -3) with special regulation 136R. 63 Charles St. E. is zoned CR -3. 50 Eby St. S. is zoned as Residential Nine Zone (R-9) in Zoning By-law 85-1. Planning Comments: The existing property contains multiple buildings on the subject lands. The applicant proposes to demolish the existing structures on 47-63 Charles St. E. (Severed lands 1) in order to redevelop the properties for a new mixed use development, consisting of affordable residential units, office space and health office space. Severed lands 2 consisting of 75 Charles St. E. will remain a mixed-use building consisting of residential units and office space, while 40-42 Eby Street will be demolished in order to provide access to parking for Severed lands 1. The retained parcel (50 Eby St. S) will remain a multiple dwelling building and the severance effectively reinstates the lot lines as they existed prior to merging on title. Lot sizes vary in width, depth, and area in this neighbourhood. Consent Applications The applicant is requesting permission to sever the subject lands into three lots. The retained lot (50 Eby Street South) would have a lot width of 20.2 metres, a depth of 64.94 metres, and a lot area of 2120 square metres (0.212 ha). B2021-067 (Severed Parcel 1 - 47-63 Charles Street East) Severed Parcel 1 is proposed to have a lot width of 73.5 metres, a depth of 38.1 metres and a lot area of 2790 square metres (0.279 ha). B2021-068 (Severed Parcel 2 - 75 Charles Street East, 40-42 Eby Street South) Severed parcel 2 is proposed to a lot width of 31.8 metres, a depth of 43.58 metres and a lot area of 1680 square metres (0.168 ha). Official Plan The subject lands are designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan. The High Density Commercial Residential designation permits multiple dwelling building types as well as a range of uses which includes offices, office support services, and health office/clinics. The proposed severance is in accord with this aspect of the plan and maintains the high density commercial residential land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot widths and lot areas of the proposed severed and retained lots exceed the minimum CR -3 zone lot size requirements and minor variances are not required for the creation of the lots themselves. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood which is developed with a variety of uses including residential, commercial and office with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severances conform with the City of Kitchener Official Plan. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed applications will facilitate a form of intensification of the subject property with the creation of lots and a mix of uses that are compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in close proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject lands are located within the City's delineated built-up area. The proposed development represents intensification and will contribute towards achieving the City's intensification density targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Planning Conclusions With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. City Planning staff conducted a site inspection of the property on November 26, 2021. Existing site conditions of 47-63 Charles Street East and 75 Charles Street East (Top) and 75 Charles Street East (Bottom) Existing site conditions of 40-42 Eby Street South (Left) and 50 Eby Street South (Right) Minor Variance Applications To facilitate the consent application the severed and retained lands require minor variances to permit the proposed development and to legalize some of the existing site conditions for the building that is to remain at 75 Charles St. E. Minor Variance Application - A2021-142 (Severed Parcel 1 - 47-63 Charles Street East) The applicant is requesting relief from Zoning Bylaw 85-1 as follows: Section 46.3 of the Zoning By- law to permit a front yard setback of 2.0 metres rather than the required 3.0 metres; relief from Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space per 90m2 of Office space, and 1 space per 15m2 of health offices use, rather than the required 1.25 spaces per dwelling unit, 1 space per 28m2 for office use, and 1 space per 15m2 of health office use; Relief from 6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20% of the required parking; and, relief from Section 6.1.7.1 of the Zoning By-law to permit 3 barrier free spaces, whereas 6 is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan The requested variances meet the general intent of the Official Plan. The subject property is designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan. The designation permits multiple dwelling building types as well as a range of uses which includes offices, office support services, and health office/clinics. The requested variances to permit reduced parking requirements and a reduced front yard setback are appropriate. The Official Plan permits adjustments to parking requirements for properties within an area, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures, or where sufficient transit exists or is to be provided (OP 13.C.8.3). The requested minor variance for parking conforms to the direction of the Official Plan as there is alternative parking facilities located within 200 metres of the subject site, as well as the proximity to a light rail transit station. The proposed new building also incorporates enhanced TDM measures by including a large indoor secured bike storage area for building residents and employees. The reduced front yard setback will permit a development in line with the adjacent building and will maintain the character of the neighbourhood and streetscape. General Intent of the Zoning By-law The requested variances to permit a front yard setback of 2.0 metres and to permit the reduction in parking for the proposed new development meets the general intent of the Zoning By-law. The intent of the Zoning By-law parking rates is to ensure there is sufficient parking available for residents, visitors, employees and patrons within the development. The residential parking rate of 1.25 spaces per unit does not distinguish between the tenure, affordability or size of the dwelling units. The intended use of the new development is for supportive housing and it is the intent of the development to not require as many parking spaces because it is not expected for every resident to own or use a personal vehicle. The reduced parking rates are appropriate for the lands and is also supported by the parking study prepared by Paradigm Transportation Solutions. Furthermore, in respect to the reduction in visitor parking, a number of the parking spaces that are required for the uses within the building will be designated shared parking spaces. If visitors do require a parking space they will be able to park for a short period of time within the shared parking spaces. Staff are in support of the recommendations within the parking study. The intent of the front yard setback requirement of 3.0 metres is to ensure there is appropriate spacing of buildings, and a consistent street edge presence. The 1.0 metre reduction that is proposed will maintain a street edge consistent with the adjacent property (75 Charles St. E.) and will encourage a strong built form along the right of way. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is the Variance Minor? The reduction of the front yard setback and parking requirements are considered minor. Staff are of the opinion that the requested variances will permit a new development that will be able to integrate within the established neighbourhood and will not negatively affect the surrounding area. The proposed parking rates are deemed to meet the needs of the proposed new uses for the development and appropriate other modes of transportation are in close proximity for daily use. Is the Variance ADDroariate? The proposed variances are appropriate for the development. The proposed development will provide affordable, supportive dwelling units, and the supportive services that residents will require. The development is in line with provincial, regional and City planning policies that support redevelopment and intensification of properties located close to the downtown core as well as a mix of housing types including affordable and supportive housing. The reduction in parking and front yard setback is appropriate and will not negatively impact the character of the subject property or surrounding neighbourhood. Minor Variance Application - A2021-143 (Severed Parcel 2 - 75 Charles Street East) Furthermore the applicant is requesting relief from Zoning Bylaw 85-1 as follows: Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space per 90m2 of Office space, rather than the required 1.25 spaces per dwelling unit, 1 space per 28m2 for office use; Relief from 6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20% of the required parking; Relief from Section 6.1.7.1 of the Zoning By-law to permit 1 barrier free spaces, whereas 2 is required; Relief from Section 6.1.1.2a) of the Zoning By-law to not require a visual barrier along the lot line where a parking lot abuts a residential zone, whereas a visual barrier is required; Relief from Section 46.3 of the Zoning By-law to permit dwelling units located at grade to not require an exclusive patio area, whereas an exclusive patio is required for dwelling units located at grade. General Intent of the Official Plan The requested variances meet the general intent of the Official Plan. The subject property is designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan. The designation permits multiple dwelling building types as well as a range of uses which includes offices, office support services, and health office/clinics. The requested variances to permit reduced parking requirements and a reduced front yard setback are appropriate. The Official Plan permits adjustments to parking requirements for properties within an area, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures, or where sufficient transit exists or is to be provided (OP 13.C.8.3). The requested minor variance for parking conforms to the direction of the Official Plan as there is alternative parking facilities located within 200 metres of the subject site, as well as the proximity to a light rail transit station. The proposed parking will be relocated to a new area on site, and the number of parking spaces recognizes an existing legal non -conforming condition. The relief in requirements for a visual barrier and exclusive patio for units at grade recognize existing conditions of the property. General Intent of the Zoning By-law The requested variances to permit the reduction in parking, the relief in requirements for a visual barrier and exclusive use patio for units at grade meets the general intent of the Zoning By-law. There are no physical changes contemplated to 75 Charles St. E., nor will the existing amount of parking decrease. The existing parking will be removed and relocated to another area on site, but the amount of parking provided is not being altered. The existing building at 40-42 Eby St. S. is intended to be removed to provide the parking area and access to 47-63 Charles St. E. The intent of the visual barrier requirement is to provide adequate screening to adjacent residential developments in order to reduce the negative interaction between parking and dwellings including their amenity areas. This specific parcel is adjacent to a residential property (proposed retained), however it is adjacent to the parking area that serves the residential building. There are no residential dwelling directly abutting the proposed parking area. Furthermore, there is a significant grade change between the two properties and an existing retaining wall that will further screen the parking area. The intent of the private patio at grade requirement is to ensure that dwelling units at grade have private amenity space for their own private use. The current structure predates the regulation for private patios and we are legalizing and existing situation. Furthermore, there is a large outdoor amenity space proposed for the development that residents within the building may access. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law Is the Variance Minor? The reduction of the parking requirements and relief in requirements for a visual barrier and exclusive use patio for units at grade are considered minor. Staff are of the opinion that the requested variances will legalize an existing building and the proposed parking rates are deemed to meet the needs of the proposed new uses for the development and appropriate other modes of transportation are in close proximity for daily use. Furthermore, the secured bicycle parking that is proposed in the adjacent new building will be accessible for residents and staff to use. Staff is of the opinion that the requested variances will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variances are appropriate for the development. The proposed development is an existing structure and use, however legalization of the parking and other requirements, are as a result of the consent application and the alterations to the lot size, thus creating a new lot. The development keeps in line with provincial, regional and City planning policies that support redevelopment and intensification of properties located close to the downtown core. The requested variances are appropriate and will not negatively impact the character of the subject property or surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variances or proposed consents. Heritage Comments: The subject lands are located adjacent to a Part IV designated property (90 Church Street) and contain properties located within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL). A Heritage Impact Assessment (HIA) prepared by McCallum Sather and dated November 22, 2021 has been submitted. The HIA concludes that the proposed development does not have impact on the designated heritage property at 90 Church Street. The HIA does conclude that the proposed development will have impact on the property municipally addressed as 40-42 Eby Street, which the HIA concludes as cultural heritage value or interest and is located within the boundary of the Cedar Hill Neighbourhood CHL. The HIA is under review by the City's Senior Heritage Planner in consultation with Heritage Kitchener. Heritage Planning staff do not have concerns with the proposal to sever the subject lands into three separate lots or the associated variances related to parking, setbacks, and patio areas. Environmental Planning Comments: Tree management requirements will be addressed through the Site Plan application. Environmental Planning staff has no further concerns with the proposed applications. Transportation Services Comments: Application No. A 2021-142 — 47-63 Charles Street East After reviewing Paradigm Transportation Solutions Ltd. Parking Study (October 26, 2021) that was submitted as part of this application, Transportation Services offer the following comments. This site will function as an affordable or transitional/supportive housing use with an office and medical counselling uses operated by the House of Friendship. Paradigm's report notes that the parking requirement for residents living in affordable and supportive housing is limited and this site will not be providing parking for residents. However, parking for staff/volunteers/visitors will be provided at a rate consistent for the applicant's needs, based on their experience with these types of uses. The site is serviced by two exiting Grand River Transit routes and an ION station that are approximately 220m or less from the site, with existing sidewalk connections on both sides of the streets in the area. Indoor secure Class A bicycle parking will be provided for residents to take advantage of the cycling routes in the area. Should there ever be a need for addition parking for staff/volunteers/visitors, off-site parking is provided by the City of Kitchener at two surface parking lots and one parking garage located approximately 200m or less from the site. There is also on -street parking available within the area, approximately 200m or less from the site. Therefore, based on the analysis and information provided by Paradigm in their report, Transportation Services can support the requested parking variances being sought provided that the following is provided: • That 56 Class A bicycle parking spaces be provided on the main floor of the proposed nine storey building for residents as noted within the Paradigm Parking Study, and, • That 14 Class A bicycle parking spaces be provided within the underground parking garage as noted within the Paradigm Parking Study for staff/volunteers. Application No. A 2021-143 — 75 Charles Street East & 40-42 Eby Street After reviewing Paradigm Transportation Solutions Ltd. Parking Study (October 26, 2021) that was submitted as part of this application, Transportation Services offer the following comments. This site functions as an office use operated by the House of Friendship. Paradigm's report notes staff will have a work -from -home model and shift work occurring on-site, which enables parking to be shared among the employees at different times of the day. The parking being provided on-site is at a rate consistent for the applicant's needs, based on their experience with these types of uses. The site is serviced by two exiting Grand River Transit routes and an ION station that are approximately 220m or less from the site, with existing sidewalk connections on both sides of the streets in the area. Indoor secure Class A bicycle parking will be provided for staff/volunteers to take advantage of the cycling routes in the area. Should there ever be a need for addition parking for staff/volunteers/visitors, off-site parking is provided by the City of Kitchener at two surface parking lots and one parking garage located approximately 200m or less from the site. There is also on -street parking available within the area, approximately 200m or less from the site. Therefore, based on the analysis and information provided by Paradigm in their report, Transportation Services can support the requested parking variances being sought. Application No. B 2021-067 to 068 — 47-75 Charles Street East & 40-42, 50 Eby Street After reviewing Paradigm Transportation Solutions Ltd. Traffic Impact Brief (October 25, 2021) that was submitted as part of this application, Transportation Services offer the following comments. Based on the analysis and information provided by Paradigm in their Traffic Impact Brief, the 2031 Total Future Traffic Operations for this development will not have a negative impact the surrounding road network. Transportation Services does not have any concerns with the proposed application Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. Since these blocks will be consolidated, only one set of services will be permitted to service these lands. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections and/or removal of existing connections that may be required to service this property, all prior to Site Plan approval. Charles St. E. and Eby St. S. have sanitary sewer, storm sewer and water main. Any further enquiries in this regard should be directed to Eric Riek (eric.riek(d)-kitchener.ca). • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to site plan approval. Operations Comments: Parkland Dedication requirements will be deferred to the required Site Plan application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N,4*+V- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-46CB Fax: 519-575-4466 www. reglonofwate ri oo.ca Peter Ellis 519-503-2536 D20-20/21 KIT December 7, 2021 Re: Comments for Consent Applications B2021-067 and B2021-068 Committee of Adjustment Hearing December 14, 2021 CITY OF KITCHENER B2021-067 and B2021-068 47-75 Charles Street East and 40-42, 50 Eby Street House of Friendship of Kitchener / K -W Working Centre for the Unemployed / Brandon Flewwelling (GSP Group Inc — Agent) The owner/applicant is proposing to sever the assembled land into three distinct parcels for mortgage purposes. The intent of House of Friendship of Kitchener is to maintain ownership on the three resulting parcels. The proposal for the three parcels are generally described as follows: Parcel 1 — demolish the existing single detached dwellings municipally addressed as 47-63 Charles Street East. The owners/applicants are proposing a new nine storey building fronting Charles Street East containing offices, support services and recreational facilities on the lower levels and 72 affordable/supportive residential units on the upper levels. Parking is proposed to be provided at the rear of the building as well as below grade. Parcel 2 — a corner lot fronting on both Charles Street East and Eby Street South, the existing multi -unit residential building known as "Charles Village" at 75 Charles Street East will be retained. The existing single -detached residential building at 40-42 Eby Street South will be demolished to allow for driveway access to the parking garage on Parcel 1 and the addition of 7 surface parking spaces for Charles Village. MWIi -3iTii►[ttiill MI: OMiI0C Parcel 3 — fronting on Eby Street, the existing 9 -storey multi -unit residential building known as "Eby Village" at 50 Eby Street South will be retained. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot ($350 x 2 new severed parcels) prior to final approval of the consent. Water Services (Advisory Comments): Regional staff note that no connection to the Regional watermain along Charles Street East will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2021. However, Regional staff note that local (City) watermains are located on Charles Street East and Eby Street South. Environmental Noise: The subject lands are likely to have impacts from environmental noise in the vicinity and from traffic along Charles Street East. In terms of transportation noise, the following conditions must be secured through a registered agreement with the Region: A) Parcel 1 Only - All dwellings and any noise sensitive units will be fitted with forced air -ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. B) The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the dwelling units/noise sensitive land uses e.g. daycare, medical building etc.: 1) Noise Warning Type A (On ALL dwelling units): "Purchasers/tenants are advised that sound levels due to increasing traffic on Charles Street East may occasionally interfere with some activities of the dwelling / unit occupants as the sound levels exceed the sound level limits of the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks." 2) Noise Warning Type D (Parcel 1 Only): "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment. " The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created ($350 x 2 new lots = $700). 9 MT4r1i __iTii►[ttiillaWBROXiI1- f 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings and noise sensitive land uses on the severed Parcel 1 lands: a) All dwellings and any noise sensitive units will be fitted with forced air -ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. b) Noise Warning Type D: "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. " 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings and noise sensitive land uses on the severed and retained lands: a) Noise Warning Type A: "Purchasers/tenants are advised that sound levels due to increasing traffic on Charles Street East may occasionally interfere with some activities of the dwelling / unit occupants as the sound levels exceed the sound level limits of the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks." General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 7 Peter Ellis, MES Principal Planner MW iT- im019in, MMI:0XiI0i', Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority. Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 December 3, 2021 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 Tel: 705-722-2264 Fax: 705-726-4600 E-mail: charleyne.hall@bell.ca E-mail Only: Holly Dyson — holly.dyson@kitchener.ca Subject: Application for Consent B2021-067 & B2021-068 47-75 Charles Street East, 40-42, 50 Eby Street Kitchener ON Bell File: 519-21-719 Thank you for your correspondence dated November 19, 2021. Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red lines indicate the approximate location of active, critical infrastructure. Located on the properties known municipally as 47-75 Charles Street East, 40-42, 50 Eby Street, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the buried facilities, as can be reasonably accommodated. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify the precise location. Since the intention of the requested easement is to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Yours truly, Charleyn//e Hall Right of Way Associate �4� yJf 2, Y� Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 December 3, 2021 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 Tel: 705-722-2264 Fax: 705-726-4600 E-mail: charleyne.hall@bell.ca E-mail Only: Holly Dyson — holly.dyson@kitchener.ca Subject: Application for Consent B2021-067 & B2021-068 47-75 Charles Street East, 40-42, 50 Eby Street Kitchener ON Bell File: 519-21-719 Thank you for your correspondence dated November 19, 2021. Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red lines indicate the approximate location of active, critical infrastructure. Located on the properties known municipally as 47-75 Charles Street East, 40-42, 50 Eby Street, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the buried facilities, as can be reasonably accommodated. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify the precise location. Since the intention of the requested easement is to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Yours truly, Charleyn//e Hall Right of Way Associate Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 7, 2021 REPORT NO.: DSD -2021-247 SUBJECT: Consent Application B2021-069, and Minor Variance Applications A2021-144 and A2021-145 Address: 86 Whitney Place Owner: Vlad Knezevic RECOMMENDATION: 1) That Consent Application B2021-069, for 86 Whitney Place, requesting consent to create a new lot (i.e., the severed lot) with an approximate lot width of 10.7 metres, a depth of 21.0 metres, and an area of 226.8 square metres, be approved, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject properties to the satisfaction of the City's Revenue Division. 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 City'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 in the amount of $4,943.62. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. That, in light of the proximity of trees near the property limit, 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 prior to tree removal, any grading, servicing or the application or issuance of a building permit, the owner shall submit a Tree Preservation / Enhancement Plan in accordance with the City's Tree Management Policy, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning; b) The owner further agrees to implement the approved plan; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. c) 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; d) No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 5. With respect to the single detached dwelling existing as of December 5, 2021, following fulfilment of Condition 5, the owner shall obtain demolition control approval from the City's Planning Division, and shall obtain a demolition permit from the Chief Building Official, and shall demolish said dwelling. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands. 7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 9. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 10. That the owner shall submit a valid Section 59 notice, to the satisfaction of the Region of Waterloo. 11. That the owner shall enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). " 2) That Minor Application A2021-144, for the retained lot, requesting relief from Section 39.2.1 of the Zoning By-law, to allow a minimum rear yard of 6.0 metres for a proposed duplex dwelling, whereas 7.5 metres is required, and a minimum lot area of 226.9 square metres, whereas 235.0 square metres is required, be approved without conditions. 3) That Minor Application A2021-145, for the severed lot, requesting relief from Section 39.2.1 of the Zoning By-law, to allow a minimum rear yard of 6.0 metres for a proposed duplex dwelling, whereas 7.5 metres is required, and a minimum lot area of 226.8 square metres, whereas 235.0 square metres is required, be approved without conditions. REPORT HIGHLIGHTS: • The purpose of this report is to recommend conditional approval of a consent application, and approval of minor variance applications, to facilitate the creation a new lot and allow redevelopment of the lands with a duplex on the severed lot and a duplex on the retained lot. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to recommend conditional approval of a consent application to create a new lot to allow the redevelopment of the lands with a duplex on the severed lot and a duplex on the retained lot. Planning staff further recommends approval of minor variances to facilitate the consent application and construction of duplexes. REPORT: Background to Subject Property: The subject property is located near the intersection of Peter Street and Whitney Place, in the Mill Courtland Woodside Park planning community. The property current contains a single detached dwelling. The property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and is identified as a Major Transit Station Area on Map 2 - Urban Structure of the City's 2014 Official Plan. The property is zoned Residential Five Zone (R-5) in Zoning By-law 85-1. The property is within the study area for the Cedar Hill and Schneider Creek Neighbourhood Planning Review (not the Mill Courtland Woodside Park / Rockway Neighbourhood Planning Review). The property is located approximately 900 metres from the Kitchener Market ION station. The surrounding neighbourhood consists of a mix of land uses, including single detached dwellings, semi-detached dwellings, duplex dwellings, and other low density residential uses; industrial and commercial uses (located on the opposite side of Whitney Place); and an institutional use (Courtland Avenue Public School is located to the east). Lots within this neighbourhood vary considerably in terms of width, depth, and area. Dwellings also vary in character, design, and date of construction. City Planning staff conducted a site inspection of the property on December 5, 2021 Figure 1. Aerial photo showing 86 Whitney Place (outlined in white). Planning Comments: Consent Application The applicant is requesting consent to create one new lot and retain one lot of approximately equal area and dimensions, to facilitate redevelopment of the lands. To facilitate the redevelopment of the subject lands, the applicant is proposing to demolish the existing single detached dwelling on the property and replace it with one duplex on the severed lot and one duplex on the retained lot. The severed lot would have an approximate lot width of 10.7 metres, a depth of 21.0 metres and an area of 226.8 square metres, while the retained lot would have an approximate lot width of 10.7 metres, a depth of 21.0 metres and an area of 226.9 square metres. It should be noted that the property four houses to the southeast on Whitney Place, addressed as 104 Whitney Place, has a width and lot area that are similar to those proposed. Figure 2. View of subject property from Whitney Place. Zoning By-law The subject property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. The R-5 zone permits a range of low density dwelling types such as single detached dwellings, semi-detached dwellings, duplexes, lodging houses, and multiple dwellings limited to three units. The R-5 Zone requires a minimum lot width of 9.0 metres and minimum lot area of 235.0 square metres for single detached dwellings and duplexes. The proposed lot widths of the proposed severed and retained lots exceed the minimum R-5 zone lot width requirement. However, the lot areas of the severed and retained lots are each slightly deficient (by approximately 8 square metres). Accordingly, the applicant has submitted Minor Variance Applications A2021-144 and A2021-145 to request relief from the minimum lot area requirement for both the severed lot and retained lot. The applicant has provided a concept plan showing the proposed duplex building footprints which demonstrates the new buildings will be in full compliance with the Appendix "H" (Zoning By-law 85- 1) front yard setback requirements (see Attachment A to this report). The Appendix "H" front yard setback requirement applies to established residential neighbourhoods and ensures that front yard setbacks of redeveloped properties are compatible with adjacent residential building front yard setbacks. In addition, the proposed duplexes will meet the R-5 regulations for building height, parking, and all setbacks, except for minimum rear yard. The required minimum rear yard is 7.5 metres, whereas 6.0 metres is proposed for both the severed and retained lots. Accordingly, the aforementioned variances also request relief from the minimum rear yard requirement for both the severed and retained lots. Official Plan The subject lands are designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan. The intent of the Low Rise Conservation designation is to retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings to a maximum of three dwelling units, small lodging houses, small residential care facilities, home businesses and private home day care. The subject application facilitates the retention the low rise, low density character of the area while allowing a slight density increase through redevelopment of the lands with permitted duplex dwellings. Planning staff is of the opinion that the proposed severance and associated variances are in accordance with this aspect of the Secondary Plan and maintain the intent of the Low Rise Conservation land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "Applications for consent to create new lots will only be granted where a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot widths of the proposed severed and retained lots exceed the minimum R-5 zone lot width requirements. A minor variance for lot area has been submitted. As shown in the Minor Variance section below, Planning staff is of the opinion that the variances are justified. Planning staff is of the opinion that the sizes, dimensions, and shapes of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood which is developed with single detached dwellings, semi-detached dwellings, and duplexes with lots sizes that vary significantly in width, depth, and area. The lands front onto a public street and full services are available. Planning staff is of the opinion that the proposed severance conforms to the City of Kitchener Official Plan. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will facilitate a form of sensitive intensification with the creation of a lot and future duplex dwellings that are compatible with the surrounding community and will make use of existing infrastructure. No new public roads or services would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit (within a MTSA) and the subject lands are in close proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject lands are located within the City's delineated Built -Up area. The proposed development represents intensification and will contribute towards achieving the City's intensification density targets. The severance application will help make efficient use of existing infrastructure, parks (e.g., Mike Wagner Green, Highland Courts Park, Woodside Park, Sandhills Park), roads, trails (note that the Iron Horse Trail is less than 200m from the subject property) and transit. The Kitchener Market ION station is located approximately 900 metres from the subject property. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. Minor Variance As mentioned above, the applicant has submitted Minor Variance Applications A2021-144 and A2021-145 to request relief from the minimum lot area and minimum rear yard for both the severed and retained lots, to facilitate the subject consent application. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent and Purpose of Official Plan Test As noted above, within the Consent analysis section, the subject application facilitates the retention the low rise, low density character of the area while allowing a slight density increase through redevelopment of the lands with permitted duplex dwellings. Planning staff is of the opinion that the proposed severance and associated variances are in accordance with the Official Plan and maintain the intent of the Low Rise Conservation land use designation. General Intent and Purpose of Zoning By-law Test The general intent of the rear yard setback regulation is to ensure that an adequate rear yard amenity space is provided and to ensure adequate buffering to adjacent properties. In this case, there is no dwelling that backs onto the rear yard of the subject property. Instead, the property that is adjacent to the subject rear yard, fronts onto Peter Street (115 Peter Street). The rear yard of this property, and all adjacent residential properties to the northeast extend in front of the rear yard of the subject property. The result is that no adjacent dwellings will be negatively affected and privacy is not a concern. Also, given the proximity of numerous parks and the urban context of the neighbourhood, staff does not have concerns with the reduced rear yard. Since the width of the proposed lots are wider than the minimum requirement, the amount of rear yard amenity space is similar to the area of amenity space that would be required to be provided under the minimum lot width and minimum rear yard setback scenario: • Minimum lot width and minimum rear yard setback scenario: 9.Om lot width x 7.5m rear yard = 67.5 m2 • Proposed: 10.747m lot width x 6.0 rear yard = 64.5 m2 The general intent of the minimum lot area regulation is to ensure that lots can accommodate an adequately sized dwelling and to ensure all necessary facilities to support the proposed use can be provided. In this case, the lots are sized to accommodate dwellings that will be compatible with other dwellings in the neighbourhood, and can accommodate required parking, driveways, and amenity spaces. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test Planning staff is of the opinion that the requested variances are minor since they will not create unacceptably adverse impacts on adjacent uses or lands. The rear yard amenity spaces are sufficient in area and will not create privacy issues. The lot areas are sufficient in area to accommodate buildings that are of a scale and character that is consistent with the surrounding neighbourhood. Also, required parking can be accommodated on-site. Desirability for Appropriate Development of the Land Test If approved, the requested variances would facilitate redevelopment of the subject property with appropriate low density residential land uses. This proposal will assist in creating additional housing stock during the present housing crisis. Planning Conclusions Planning staff is satisfied that the creation of the severed lot is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan. The requested variances will provide appropriate zoning relief to facilitate redevelopment. Planning staff is of the opinion that the size, dimensions, and shapes of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools, parks, and trails within the neighbourhood. The Kitchener Market ION station is within walking distance. Planning staff is further of the opinion that the proposal is consistent with the Regional Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, represents good planning and in the public interest. Based on the foregoing, Planning staff recommends that Consent Application B2021-069 be approved, subject to the conditions listed in the Recommendation section of this report, and that and Minor Variance Applications A2021-144 and A2021-145 be approved without conditions. Building Division Comments: Consent Application: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Minor Variance Applications: The Building Division has no objections to the proposed variances. Transportation Services Comments: Consent Application and Minor Variance Applications: Transportation Services does not have any concerns with the proposed applications. Engineering Services Comments: Consent Application: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Whitney Place has sanitary sewer, storm sewer and water main. Any further enquiries in this regard should be directed to Eric Riek (eric.riek(a)-kitchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Minor Variance Applications: No comments. Parks and Cemeteries Comments: Consent Application: Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4943.62. Parkland Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (10.747m) at a land value of $9,200 per frontage meter. Minor Variance Applications: No comments Environmental Planning Comments: That in light of the proximity of tree(s) in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any 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, servicing, 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 of the City's Director of Planning. Heritage Planning Comments: Consent Application and Minor Variance Applications: The property municipally addressed as 86 Whitney Place is neither designated nor listed under the Ontario Heritage Act. The property is located within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL) as per the 2014 Kitchener Cultural Heritage Landscape Study (CHLS) prepared by the Landplan Collaborative Ltd. and approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased CHL conservation process. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill/Schneider Creek area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Through the City's additional assessment of the Cedar Hill Neighbourhood CHL, the property municipally addressed as 86 Whitney Place was not identified as a property of specific CHL interest. Additionally, at this point in time the Cedar Hill Neighbourhood CHL is not protected. City records note that the building on this property was constructed c. 1885. Given the age of this dwelling, Heritage Planning staff request that both the interior and exterior of the dwelling be photographed using the City's photodocumentation standards as a condition of the consent application. Region of Waterloo Comments: Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Regional Staff note that the subject lands are approximately 167 metres from the CN Railway mainline and approximately 157 metres from Courtland Avenue East (Regional Road #53) and may be impacted by transportation noise in the vicinity. Regional staff agree that existing intervening land uses will likely partially mitigate the proposed dwellings from environmental noise. As a result, in lieu of requiring a transportation noise study (for railway and road traffic noise), Regional staff agree that the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." Grand River Conservation Authority Comments: The above -noted applications [including the subject application and subject property] are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman@grandriver.ca. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice was also placed in The Record. In addition, notice of the subject applications was mailed to all property owners within 30 metres of the subject property. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. CONSULT — As of the writing of this report, Planning staff has not been contacted by any community members regarding the details of the subject applications. PREVIOUS REPORTS/AUTHORITIES: • Sections 45, 51 and 53, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A —Sketch provided with Consent Application Attachment A —Sketch Provided with Consent Application PETER STREET WN:n r loll ii 2, R oao4o A ��g; t �a I I � 1 F 6 3 3 O � m n 3 m Z;eyN�zNg�o R C7 CD CD ✓�m 7AC �$>�;23�z��noF w �� � � O �g �➢ yF=gooNn€ o des. � � �4 ;m 8 N,4*+V- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT December 3, 2021 Re: Comments for Consent Applications B2021-063, B2021-064, 62021- 065, B2021-066, and B2021-069 Committee of Adjustment Hearing December 14, 2021 CITY OF KITCHENER B2021-063 11 East Avenue 2839636 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc.) The owner/applicant is proposing a lot addition. The Region has no objection to the proposed application. B2021-064 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. IT04WITI -2ii►l1Iti1 om- Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise (Advisory Comments): Regional staff note that Westmount Road (Regional Road #50) is located approximately 77 metres away from the subject lands. While it is possible that the subject lands may on occasion have traffic related noise impacts, Regional staff note the substantial intervening land uses that will likely mitigate any potential noise impacts on the retained and proposed severed lots. As a result, a transportation noise impact study or noise warning clauses will not be required for this application. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. B2021-065 156 Strange Street Richard and Erin Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the current property into two lots. Two semi- detached dwellings are under construction and the purpose would be to sever the lot into two parcels where each parcel would contain one semi-detached dwelling. This application is a resubmission of consent application B2020-032. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: IT04WITI-2 M1011 MI, 073-MBRYANVA a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. IT04WITI -2ii►l1Iti1 om- [cBRYANVA b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP)." iii. "Warning. Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 0011YA 11154:11 112 and 120 Benton Street Arrow Lofts Inc. c/o Auburn Developments Inc. / Chris Pidgeon (GSP Group) The owner/applicant is proposing easements for pedestrian and vehicular access in favour of 110 Benton Street. The Region has no objection to the proposed application. ITOWWii -211 ►1111ii1073-MI.3MAIVA B2021-069 86 Whitney Place Vlad Knezevic The owner/applicant is proposing to sever the lot into two separate lots for low rise residential development. The existing dwelling is to be demolished and a duplex is proposed to be built on each new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Regional Staff note that the subject lands are approximately 167 metres from the CN Railway mainline and approximately 157 metres from Courtland Avenue East (Regional Road #53) and may be impacted by transportation noise in the vicinity. Regional staff agree that existing intervening land uses will likely partially mitigate the proposed dwellings from environmental noise. As a result, in lieu of requiring a transportation noise study (for railway and road traffic noise), Regional staff agree that the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. IT04WITI -2ii►1[ MI, o a' i[cBUYANVA 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) Noise Warning Clause A: "Purchaser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner . om019n, �c�:�:��c IVA Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 2 of 2 the Grand River Conservation Authority.