HomeMy WebLinkAboutDSD-2021-240 - B 2021-054 & A2021-116, A2021 117- 74 Rutherford
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 14, 2021
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Dumart, Craig, Senior Planner, Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: December 2, 2021
REPORT NO.: DSD-2021-240
SUBJECT: Consent application B2021-054 & Minor Variance Applications
A2021-116 & A2021-117
74 Rutherford Drive
Owners Pero and Mirjana Perencevic
Applicant Boban Jakanovic
On October 19, 2021, the Committee of Adjustment deferred consideration of Consent application
B2021-054 & Minor Variance Applications A2021-116 & A2021-117, requesting:
1. Consent to create a new lot for a semi-detached dwelling with a lot width of 14.32 metres, a
depth of 60.35 metres, and an area of 864.57 square metres;
2. A minor variance to reduce the required minimum lot width for the retained lot proposed
through B2021-054 from 9.0 metres to 8.53 metres; and
3. A minor variance reduce the required minimum lot width for the severed lot proposed through
B2021-054 from 15.0 metres to 14.32 metres
The applicant has not revised the proposed applications to conform to the Official Plan or comply
with the Zoning By-law. Planning staff continue to recommend refusal per DSD Report 2021-205.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 19, 2021
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Dumart, Craig, Senior Planner, Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: October 8, 2021
REPORT NO.: DSD-2021-205
SUBJECT: Consent application B2021-054 & Minor Variance Applications
A2021-116 & A2021-117
74 Rutherford Drive
Owners Pero and Mirjana Perencevic
Applicant Boban Jakanovic
RECOMMENDATIONS:
A. That Consent Application B2021-054 requesting consent to create a new lot for a semi-
detached dwelling with a lot width of 14.32 metres, a depth of 60.35 metres, and an area of
864.57 square metres be refused;
B. That Minor Variance Application A2021-116 requesting to reduce the required minimum lot
width for the retained lot proposed through B2021-054 from 9.0 metres to 8.53 metres be
refused; and
C. That Minor Variance Application A2021-117 requesting to reduce the required minimum lot
width for the severed lot proposed through B2021-054 from 15.0 metres to 14.32 metres be
refused.
REPORT HIGHLIGHTS:
The applicant is requesting to sever an existing 22.85-metre-wide lot into two lots to allow for a future
semi-detached dwelling on a 14.32 metre wide lot (severed lands) and a single detached duplex
dwelling on 8.53 metre wide lot (retained lands). The retain lot width does not meet the minimum lot
width requirement and the applicant is requesting relief from Section 38.2.1 of Zoning By-law 85-1
to allow a single detached duplex dwelling to have a lot width of 8.53 m rather than the required 9.0
metre lot width. Furthermore, the proposed severed lot would not meet the minimum lot width
requirement for semi-detached dwellings and the applicant is requesting relief from Section 38.2.2
of Zoning By-law 85-1 to allow a semi-detached dwelling to have a lot width of 14.32 metres (7.16m
for each dwelling) rather than the required 15.0 metre lot width requirement (7.5m for each dwelling).
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map: 74 Rutherford Drive.
BACKGROUND:
The subject property is located near the intersection of Ruther Drive and Kinzie Avenue The property
is generally rectangle in shape with a frontage along Rutherford Drive, 22.85 metres in width which
generally reflects the general size of existing lots widths on the street. The site is currently occupied
by a single detached dwelling and is surrounded by existing low-rise residential uses including single
detached dwellings, semi-detached dwellings, and multiple dwelling buildings. The property is
The property is zoned as Residential Four Zone (R-4) 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:
Does the proposal maintain the general intent and purpose of the Official Plan?
Staff is of the opinion that the requested variances do not meet the general intent of the Official
Plan. Section 4.C.1.8. of the 2014 Official Plan states:
proposed, or required to facilitate residential
be reviewed, but not limited to the following to ensure, that:
a) Any new buildings and any additions and/or modifications to existing buildings are
appropriate in massing and scale and are compatible with the built form and the
community character of the established neighbourhood.
b) ...
c) ...
d) New buildings sensitive to the exterior areas of adjacent properties and that
the appropriate screening and/or buffering is provided to mitigate any adverse
impacts, particularly with respect to privacy.
e)
f) The impact of each special zoning regulation or variance will be reviewed prior to
formulating a recommendation to ensure that a deficiency in the one zoning
requirement does not compromise the site in achieving objectives of compatible and
appropriate site and neighbourhood design and does not create further zoning
deficiencies.
Furthermore, Section 4.C.1.9. of the 2014 Official Plan states:
Residential intensification and/or redevelopment within existing neighbourhoods will be
designed to respect existing character. A high degree of sensitivity to surrounding context is
important in considering compatibility.
Planning staff is of the opinion that the proposed variances will facilitate the creation of two lots and
construction of a single detached duplex dwelling, and semi-detached dwelling that:
Is not compatible with the built form and the community character of the established
neighbourhood;
Results in lot widths and built forms that are not similar to the adjacent property and will not
maintain the character of the streetscape and the neighbourhood;
Is not sensitive to the exterior areas of adjacent properties; and
Does not provide sensitivity to the surrounding context.
The proposed lot widths will create frontages dominated by garages and parking not in keeping
with the neighbourhood. Staff is of the opinion that the requested variances do not meet the
general intent of the Official Plan.
Does the proposal maintain the general intent and purpose of the Zoning By-law?
The requested variances to allow for reduced lot widths for a single detached duplex dwelling of 8.53
metres rather than 9.0 metres and a semi-detached dwelling of 14.32 rather that 15.0 metres do not
meet the general intent of the Zoning By-law. The purpose of minimum lot width requirement is to
ensure lot widths are of adequate size to support an appropriate scaled building envelope, parking and
landscaping. Staff is of the opinion that an 8.53-metre-wide lot for a single detached dwelling and a
14.53 metre wide lot for a semi-detached dwelling will be not provide for appropriately sized lots nor
would the variances result in appropriately scaled dwellings. A 8.53 metre wide lot would result in a 6.13
metre wide dwelling with minimum 1.2 metre side yard setbacks and a 14.32 metre wide lot would result
in a 11.92 metre wide semi-detached dwelling (5.96 metres for each dwelling unit) with minimum 1.2
metre side yard setbacks. Staff are of the opinion that the requested variances do not provide for
adequate lot widths and do not meet the general intent of the Zoning By-law.
Is the proposal desirable for the appropriate development or use of the land?
The variances are not desirable for the appropriate development of the land. Instead, the variances
will create unacceptably adverse impacts on adjacent properties. The proposed lot widths will
result in narrow lots and dwellings with frontages dominated by garages that are not appropriate
for the context of the existing neighbourhood.
City Planning staff conducted a site inspection of the property on October 6, 2021.
Existing single detached dwelling at 74 Rutherford Drive.
Consent Application B2021-054
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 not satisfied that the creation of the lot fabric of the severed and retained
lots are desirable and appropriate.
Section
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)
In this case, staff recommends that the Committee not grant the requested minor variances
necessary to facilitate the subject consent applications to create two new lots for the reasons noted
above. Furthermore, staff is of the opinion that the proposed lots do not reflect the general scale
and character of the established development pattern of surrounding lands since they do not
consider appropriate lot configurations. Moreover, the applications do not meet the criteria for plan
of subdivision outlined in Section 51 (24) off the Planning Act, especially with respect to:
(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
and
(f) the dimensions and shapes of the proposed lots.
Should the Committee wish to approve the subject applications, conditions should be imposed to
require elevation drawings, and landscape plans to minimize the negative impact on the residential
neighbourhood, in accordance with Section 4.C.1.7 of the 2014 Official Plan for the severed and
retained lands, in addition to the standard consent conditions and those conditions outlined in the
below department / agency comments.
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.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Planning Comments:
Heritage Planning staff has no concerns with this application.
Environmental Planning Comments:
Standard condition for a severance shall apply. The applicant shall enter into an agreement on
both severed and retained to do Tree Management Plan prior to issuance of a building permit.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service this
property, all prior to severance approval. Our records indicate sanitary and water municipal
services are currently available to service this property. Any further enquiries in this regard
should be directed to Niall Melanson (niall.melanson@kitchener.ca).
The Owner shall extend the storm sewer or implement a suitable design solution for a sump
pump outlet to the satisfaction of the Director of Engineering.
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
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 $6589.96. Park
Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage of (14.326m) at a land value of $9,200 per frontage meter.
Two existing City-owned street trees (#139931 and #154915) will be impacted by the
proposed severance and future redevelopment. A Tree Protection and Enhancement Plan
showing suitable protection is required to the satisfaction of Parks & Cemeteries staff prior
to approval. Alternatively, a) replacement of 4 suitable trees can be shown on a Street Tree
Planting Plan following City of Kitchener Development Manual standards to the satisfaction
of Parks & Cemeteries staff or b) suitable financial compensation can be provided prior
clearance of Parks and Cemeteries conditions.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM site 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 th
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.
Peter Ellis
519-503-2536
D20-20/21 KIT
October 12, 2021
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Application B2021-044, B2021-046, B2021-
047, B2021-054, and B2021-055
Committee of Adjustment Hearing October 19, 2021
CITY OF KITCHENER
B2021-044
51 Nelson Avenue
Parkwood Homes (KW) Ltd / John Mesina
The owner/applicant is proposing to sever the semi-detached dwelling into two legal
parcels.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
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.
_____________________
Document Number: 3846480
B2021-046
74 Admiral Road
2611601 Ontario Inc.
The owner/applicant is proposing to sever the lot into two lots with the intention of
demolishing the current house and building semi-duplex dwelling on each lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
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.
___________________
B2021-047
81 Fifth Avenue
Branislav and Sanja Mikan / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever the lot into two parcels to allow for the
development of two semi-detached dwellings.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no 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.
Document Number: 3846480
________________
B2021-054
74 Rutherford Drive
Mirjana and Pero Perencevic / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever the lot into two parcels.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no 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.
_____________
B2021-055
134 Woolwich Street
James and Sue Roberts / A. Sinclair and K. Wills (MHBC)
2
The owner/applicant is proposing to sever a 2,820m area from 134 Woolwich Street
and add the severed portion to 124 Woolwich Street.
Environmental Noise (Advisory Comments):
Regional Corridor Planning staff note that any future development on the lands to be
severed requiring a zone change or plan of condominium will be required to undertake
an environmental noise study to assess potential transportation related noise from the
municipal street system in the vicinity of the subject lands. The owners/applicants are
responsible to ensure that any future development does not have any environmental
noise impacts. Regional Staff may offer a more detailed evaluation and/or alternative
Document Number: 3846480
options once more detailed development plans are available should future development
on the severed lands be considered.
The Region has no objection to the proposed application.
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
Document Number: 3846480
October 07, 2021
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST
MIXED USE DEVELOPMENT
(8) /VAR KIT, 133 WELLINGTON STREET NORTH
1001235 ONTARIO LIMITED
(10,11) /VAR KIT, 75 79 LOUISA STREET
RANDALL MASYK
(14) /VAR KIT 134 WOOLWICH STREET 124
WOOLWICH STREET JAMES & SUE ROBERTS
(15)/52, 300 BRIDGE STREET EAST COLDPOINT
HOLDINGS
Dear Ms. Hilborn:
Re: Committee of Adjustment Applications Meeting October 19, 2021, City of
Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2021-105 25 Courtland Avenue East No concerns to the application
provided the parking spots/vehicles are located within the private property.
Imagery shows that currently the vehicles are being parked just abutting the
sidewalk. The staff note that this property abuts a high traffic Regional road, and
is in close proximity of a high volume Regional road intersection. Therefore, it is
strongly re
manoeuvers safely without impacting the road traffic. Also, the owners must be
advised that a dedicated widening of 4.0m approximately would be required on
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any future development application(s) e.g. Site Plan, Consent. At such times in
future, the parking spots would be impacted accordingly.
2) A 2021-106 37 Highland Road West The applicant is proposing an additional
house at the back of the property. There are no concerns to this application.
However, the owners are advised that a dedicated widening of 4.0m
approximately would be required on any future development application(s) e.g.
Site Plan, Consent.
3) A 2021-107 26-28 Ellen Street West No concerns.
4) A 2021-108 102 Fenwick Court No Concerns.
5) A 2021-109 388 King Street East No Concerns.
6) A 2021-110 125 Seabrook Drive No Concerns to the application. However,
staff note that an education institution is considered as a noise sensitive land use
and may have impacts from the environmental noise sources in the vicinity.
7) A 2021-111 52 Anvil Street No Concerns.
8) A 2021-112 135 Wellington Street North No Concerns.
9) A 2021-113 1421 Victoria Street North No Concerns.
10) A 2021-114 75 Louisa Street No Concerns.
11) A 2021-115 79 Louisa Street No Concerns.
12) A 2021-116 74 Rutherford Drive (Retained) No Concerns.
13) A 2021-117 74 Rutherford Drive (Severed) No Concerns.
14) A 2021-118 134 Woolwich Street No Concerns.
15) A 2021-119 300 Bridge Street East No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
2
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Dianna Saunderson
CofA@Kitchener.ca
3
October 8, 2021
Sarah Goldrup Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re:October 19,2021Committee of Adjustment Meeting
______________________________________________________________________
Applications for Minor Variance
A 2021-10525 Courtland Avenue EastA 2021-11152 Anvil Street
A 2021-10637 Highland Road WestA 2021-112135 Wellington Street North
A 2021-10726-28 Ellen Street WestA 2021-11475 Louisa Street
A 2021-108102 Fenwick CourtA 2021-11579 Louisa Street
A 2021-109388 King Street EastA 2021-11674 Rutherford Drive
A 2021-110125 Seabrook DriveA2021-11774 Rutherford Drive
Application for Consent
B 2021-04451 Nelson AvenueB 2021-050441 East Avenue
B 2021-04535 Coral Crescent B 2021-051945 Victoria StreetNorth
B 2021-04674 Admiral RoadB 2021-052961 Victoria StreetNorth
B 2021-04781 Fifth AvenueB 2021-05375 & 79 Louisa Street
B 2021-048441 East AvenueB 2021-05474 Rutherford Drive
B 2021-049441 East Avenue
The above-noted applications are located outside the Grand River Conservation Authority
areasof interest. As such, we will not undertake a review of the applications and plan
review fees will not be required. If you have any questions or require additional information,
please contact me at 519-621-2763 ext. 2228 or aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1
the Grand River Conservation Authority.
Notice of Source Protection Plan Compliance
Issued under Section 59(2) of the Clean Water Act
Municipal File Number:
(building permit, site plan, consent, etc.)
Date:Application Type:
September 2, 2021Minor Variance
Applicant Name:Address of Site:
Boban Jokanovic74 Rutherford Dr, Kitchener
Based on the information submitted as to the Region of Waterloo as of the date above,
it has been determined that the potential activity(s) associated with the proposed
development or building on the Site/Lands are not subject to either Section 57
(Prohibition) or Section 58 (Risk Management Plan) of the Act.
•This Notice is only effective as it relates to the above-noted Application.
•Any change to the information submitted under this Application nullifies this Notice,
unless otherwise permitted by the Risk Management Official.
•This Notice is valid for 1 year from the date of issuance in respect of the above-noted
Application only.
•This Notice is not valid for any subsequent applications for approvals which the
proposal may require under the Planning Act or for any building permits that may be
required under the Building Code Act.
•This notice only addresses requirements in the Source Protection Plan under Section
57 (Prohibition) and Section 58 (Risk Management Plan) of the Act. Other Source
Protection Plan policies may still apply.
•The applicant acknowledges they provided complete and truthful information to the
Region of Waterloo for the generation of this notice. Schedule 1 is an accurate
summary of this information.
•The applicant acknowledges any potential prohibitions identified in Schedule 2.
Page 1 of 4
DOCS 1737472
Notice of Source Protection Plan Compliance
Issued under Section 59(2) of the Clean Water Act
•This notice does not constitute an approval(s) under the Planning Act or Building Code
Act.
•The applicant acknowledges they are the owner or authorized agent of the owner of the
above-noted property
Cpcbo!K/
Signature of ApplicantEric Thuss, Risk Management Official
Page 2 of 4
DOCS 1737472
Notice of Source Protection Plan Compliance
Issued under Section 59(2) of the Clean Water Act
SCHEDULE 1 – SUMMARY OF ACTIVITIES PROPOSED FOR PROPERTY
The application is related to the following activities on the property:
• No activities prescribed under the Clean Water Act are proposed
The following activities are either not occurring on or proposed for the property,
or are not related to this application:
Chemical Handling
Winter Maintenance
• Aircraft de-icing
• Application of road salt (on roads
and parking lots)
• Storage of DNAPLS (dense oils)
• Storage of road salt
• Storage of fuel
• Storage of snow (from off-site)
• Storage of solvents
Farming Activities
• Storage of fertilizer
• Application of manure
• Storage of pesticides
• Livestock yards or pastures
Waste Handling
• Storage of manure
• Landfilling of waste
• Application of fertilizer
• Storage of hazardous waste
• Storage of fertilizer
• Storage of PCB waste
• Application of non-agricultural
source material (eg: compost or
Private Sewage Operations
biosolids)
• Storage of non-agricultural • Septic system
source material (eg: compost of
• Storm water management
biosolids)
• Application of pesticides
• Storage of pesticides
Page 3 of 4
DOCS 1737472
Notice of Source Protection Plan Compliance
Issued under Section 59(2) of the Clean Water Act
SCHEDULE 2 – SUMMARY OF ACTIVITIES PROHIBITED AT PROPERTY
The following activities may be prohibited under Section 57 of the Clean Water Act at the
location indicated on page 1 of this notice:
•The uncovered storage of de-icing salt in quantities greater than 1 tonne
•The uncovered storage of de-icing salt in quantities up to 1 tonne
Page 4 of 4
DOCS 1737472
Notice of Source Protection Plan Compliance
Issued under Section 59(2) of the Clean Water Act
Municipal File Number:
(building permit, site plan, consent, etc.)
Date:Application Type:
September 2, 2021Minor Variance
Applicant Name:Address of Site:
Boban Jokanovic74 Rutherford Dr, Kitchener
Based on the information submitted as to the Region of Waterloo as of the date above,
it has been determined that the potential activity(s) associated with the proposed
development or building on the Site/Lands are not subject to either Section 57
(Prohibition) or Section 58 (Risk Management Plan) of the Act.
•This Notice is only effective as it relates to the above-noted Application.
•Any change to the information submitted under this Application nullifies this Notice,
unless otherwise permitted by the Risk Management Official.
•This Notice is valid for 1 year from the date of issuance in respect of the above-noted
Application only.
•This Notice is not valid for any subsequent applications for approvals which the
proposal may require under the Planning Act or for any building permits that may be
required under the Building Code Act.
•This notice only addresses requirements in the Source Protection Plan under Section
57 (Prohibition) and Section 58 (Risk Management Plan) of the Act. Other Source
Protection Plan policies may still apply.
•The applicant acknowledges they provided complete and truthful information to the
Region of Waterloo for the generation of this notice. Schedule 1 is an accurate
summary of this information.
•The applicant acknowledges any potential prohibitions identified in Schedule 2.
Page 1 of 4
DOCS 1737472
Notice of Source Protection Plan Compliance
Issued under Section 59(2) of the Clean Water Act
•This notice does not constitute an approval(s) under the Planning Act or Building Code
Act.
•The applicant acknowledges they are the owner or authorized agent of the owner of the
above-noted property
Cpcbo!K/
Signature of ApplicantEric Thuss, Risk Management Official
Page 2 of 4
DOCS 1737472
Notice of Source Protection Plan Compliance
Issued under Section 59(2) of the Clean Water Act
SCHEDULE 1 – SUMMARY OF ACTIVITIES PROPOSED FOR PROPERTY
The application is related to the following activities on the property:
• No activities prescribed under the Clean Water Act are proposed
The following activities are either not occurring on or proposed for the property,
or are not related to this application:
Chemical Handling
Winter Maintenance
• Aircraft de-icing
• Application of road salt (on roads
and parking lots)
• Storage of DNAPLS (dense oils)
• Storage of road salt
• Storage of fuel
• Storage of snow (from off-site)
• Storage of solvents
Farming Activities
• Storage of fertilizer
• Application of manure
• Storage of pesticides
• Livestock yards or pastures
Waste Handling
• Storage of manure
• Landfilling of waste
• Application of fertilizer
• Storage of hazardous waste
• Storage of fertilizer
• Storage of PCB waste
• Application of non-agricultural
source material (eg: compost or
Private Sewage Operations
biosolids)
• Storage of non-agricultural • Septic system
source material (eg: compost of
• Storm water management
biosolids)
• Application of pesticides
• Storage of pesticides
Page 3 of 4
DOCS 1737472
Notice of Source Protection Plan Compliance
Issued under Section 59(2) of the Clean Water Act
SCHEDULE 2 – SUMMARY OF ACTIVITIES PROHIBITED AT PROPERTY
The following activities may be prohibited under Section 57 of the Clean Water Act at the
location indicated on page 1 of this notice:
•The uncovered storage of de-icing salt in quantities greater than 1 tonne
•The uncovered storage of de-icing salt in quantities up to 1 tonne
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DOCS 1737472