HomeMy WebLinkAboutDSD-2021-247 - B 2021-069, A2021-144, A2021-145 - 86 Whitney Place
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 14, 2021
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
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
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
Tree Management Policy, prepared by a qualified consultant, to the
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
.
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
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
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:
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
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 -
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 -law 85-
1) front yard setback requirements (see Attachment A to this report)
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:
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,
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.
Built-Up area. The proposed development
represents intensificati
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. 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: 9.0m 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.
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
. 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@kitchener.ca).
Any new driveways are to be built to City of Kitchener standards. All works are at the
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
ary, 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
.
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.
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
ocumentation 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:
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
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:
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
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
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 ad
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 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
November 30, 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 (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.
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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@Kitchener.ca
2
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.