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HomeMy WebLinkAboutDSD-2021-243 - B 2021-065 - 156 Strange Street REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 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 (B2020-032) 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 Five Zone (R-5) in Zoning By-law 85-1. 160 Strange Street received approval of a severance on September 15, 2020 (B2020-032) to create a lot for a single detached dwelling, and a lot for a semi-detached dwelling. 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. 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@kitchener.ca). 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 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 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 December 3, 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 Applications B2021-063, B2021-064, B2021- 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. Document Number: 3882317 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: Document Number: 3882317 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/tena 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, iii. 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- 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. Document Number: 3882317 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. 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, iii. dian 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- ________________ B2021-066 112 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. _______________ Document Number: 3882317 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 Aʹ haser/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. Document Number: 3882317 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 Aʹ 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 Document Number: 3882317 December 2, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting December 14, 2021 ______________________________________________________________________ Applications for Minor Variance A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive A 2021-130 878 Frederick Street A 2021-131 95 Maitland Street A 2021-132 26 Monteagle Crescent A 2021-133 12 East Lansdowne A 2021-134 715 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, 50 Eby Street 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, 50 Eby Street B 2021-069 86 Whitney Place 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 aherreman@grandriver.ca. *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2 the Grand River Conservation Authority. 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 2of 2 the Grand River Conservation Authority.