Loading...
HomeMy WebLinkAboutCA - 2022-01-18 COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 CITY OF KITCHENER The Committee of Adjustment held an electronic meeting on this date, commencing at 10:00 a.m. Present: D. Cybalski - Chair B. McColl, Member S. Hannah, Member M. Kidd, Member Officials: B. Bateman, Senior Planner T. Malone-Wright. Supervisor, Development Application S. Ryder, Transportation Services A. Pinnell, Senior Planner C. Dumart, Senior Planner E. Schneider, Planner T. Seyler, Planner R. Kelly-Ruetz, Project Manager A. Fox, Administrative Clerk S. Goldrup, Committee Administrator MINUTES Moved by B. McColl Seconded by S. Hannah That the regular minutes of the Committee of Adjustment meeting held December 14, 2021, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2022-001 Applicants: Destaron Residential Inc. Property Location: 85 Green Valley Drive Legal Description: Part Block B, Plan 1372, being Part 1 on Reference Plan 58R-3426 Appearances: In Support: V. Labreche Contra: None. Written Submissions: None. S. Hannah declared a pecuniary interest with this application due to their involvement in the development as a project manager. As such, they did not participate in any discussion or voting with respect to this application and left the meeting for the remainder of this item. The Committee was advised the applicant requested permission to reconstruct the parking structure for an existing multi-residential 10 storey, 95-unit building, having 1.1 parking space per unit (105 spaces), including visitor parking, rather than the required 1.5 parking spaces per unit (143 spaces), including visitor parking; 6 visitor parking spaces rater than the required 29 spaces; and, 4 visitor parking spaces and portions of barrier free parking to be located within front yard between the front building façade and front lot line where as the By-law does not permit parking within 6m setback. The Committee considered Development Services Department report DSD-2022-045, dated January 5, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no concerns with the subject application. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 2 - CITY OF KITCHENER 1. Submission No.: A 2022-001 (Cont’d) The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. V. Labreche was in attendance in support of the application and staff’s recommendation. Moved by B. McColl Seconded by M. Kidd That the application of DESTARON RESIDENTIAL INC requesting permission to allow parking to be provided at 1.1 spaces/unit, rather than the required 1.5 spaces/unit; to allow visitor parking to be provided at the rate of 10%, rather than the required 20%; and, to permit parking spaces to be located between the front building façade and front lot line, on Part Block B, Plan 1372, being Part 1 on Reference Plan 58R-3426, 85 Green Valley Drive, Kitchener, Ontario, BE APPROVED subject to the following condition: 1. That the variances shall only apply to the site plan approved under application SP21/075/G/LT. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried 2. Submission No.: A 2022-002 Applicants: Killam Apartment REIT Property Location: 66 – 82 Weber Street East, 79-87 Scott Street, 15-29 Pearl Place Legal Description: Lots 17 and 19 and Part Lots 10 to 16, Registered Plan 406 and Part of Lot E/S of Frederick Street and Part of Lot 28 W/S of Lancaster Street Registered Plan 364 and all of Lots 1 & 2, Registered Plan 175 Appearances: In Support: C. Pidgeon Contra: None. Written Submissions: None. S. Hannah returned to the meeting. The Committee was advised the applicant requested permission to provide for a restaurant having 0 parking spaces rather than the required 1spaces/9.5 sq.m. (30 parking spaces). The Committee considered Development Services Department report DSD-2022-024, dated January 7, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 20212 advising they have no concerns with the subject application. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 3 - CITY OF KITCHENER 2. Submission No.: A 2022-002 (Cont’d) The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. C. Pidgeon was in attendance in support of the application and staff’s recommendation. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to remove the language “agrees to” from Condition 2 to clarify the intent of the condition being to enter into the agreement. Moved by B. McColl Seconded by S. Hannah That the application of KILLAM APARTMENT REIT requesting permission to provide for a restaurant having 0 parking spaces rather than the required 1 spaces/9.5 sq.m. (30 parking spaces), on Lots 17 and 19 and Part Lots 10 to 16, Registered Plan 406 and Park of Lot E/S of Frederick Street and Part of Lot 28 W/S of Lancaster Street Registered Plan 364 and all of Lots 1 & 2, Registered Plan 175, 66 - 82 Weber Street East, 79-87 Scott Street, 15-29 Pearl Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Zoning (Occupancy) Certificate is obtained for the from the Planning Division to establish the Restaurant use on the property. 2. That the owner shall enter into an agreement registered on title to ensure the provision of the following: 16 additional bicycle parking spaces above the required minimum (as noted in the TDM Checklist included with the submissions). 3. That the owner shall complete all conditions prior to January 31st, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions, will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried 3. Submission No.: A 2022-003 Applicants: 2515407 Ontario Ltd. Property Location: 53 Margaret Avenue Legal Description: Plan 374 being Part Lot 172 Appearances: In Support: D. Galbraith Contra: H. Jaeger Written Submissions: None. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 4 - CITY OF KITCHENER 3. Submission No.: A 2022-003 The Committee was advised the applicant requested permission to legalize an existing triplex dwelling on a lot having an area of 432 sq.m. rather than the required 495 sq.m.; a setback from Maynard Street of 2.75m rather than the required 4.5m; a rear yard setback of 3.5m rather than the required 7.5m; having 3 off-street parking spaces located between the building facade and the side lot line abutting Maynard Street whereas the By-law does not permit parking between the facade and front lot line; the required off-street parking to be located 0m from the side lot line abutting Maynard Ave rather than the required 3m; and, the 3 off-street parking spaces to have a depth of 4.3m rather than the required 5.5m. The Committee considered Development Services Department report DSD-2022-046, dated January 10, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. D. Galbraith was in attendance in support of the application and staff’s recommendation. With the support of Planning staff, the applicant requested a deferral of one month to provide an opportunity for the applicant to communicate with neighbouring property owners. Moved by B. McColl Seconded by S. Hannah That the application of 2515407 Ontario Ltd. requesting permission to legalize an existing triplex dwelling on a lot having an area of 432 sq.m. rather than the required 495 sq.m.; a setback from Maynard Street of 2.75m rather than the required 4.5m; a rear yard setback of 3.5m rather than the required 7.5m; having 3 off-street parking spaces located between the building facade and the side lot line abutting Maynard Street whereas the By-law does not permit parking between the facade and front lot line; the required off-street parking to be located 0m from the side lot line abutting Maynard Ave rather than the required 3m; and, the 3 off-street parking spaces to have a depth of 4.3m rather than the required 5.5m, BE DEFERRED to the February 15, 2022 Committee of Adjustment meeting, to provide opportunity for the applicant to communicate with neighbouring property owners regarding Plan 374 being Part Lot 172, 53 Margaret Avenue, Kitchener, Ontario. Carried 4. Submission No.: A 2022-004 Applicants: Paramjit Singh and Baljinder Kaur Multani Property Location: 470 Blair Creek Drive Legal Description: Lot 59, Plan 58M-606 Appearances: In Support: M. Al-Farraji Contra: None. Written Submissions: None. The Committee was advised that the applicant requested permission to install stairs on the northerly side yard of the existing single detached dwelling having a side yard setback of 0.35m rather than the required 0.75m to support the conversion to a duplex dwelling with a separate entrance. The Committee considered Development Services Department report DSD-2022-022, dated January 7, 2022, recommending approval with conditions as outlined in the report. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 5 - CITY OF KITCHENER 4. Submission No.: A 2022-004 The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with this application, noting the application is subject to the GRCA Plan review fee. M. Al-Farraji was in attendance in support of the application and staff’s recommendation. Moved by B. McColl Seconded by M. Kidd That the application of BALJINDER Kaur MULTANI and PARAMJIT SINGH requesting permission to install stairs on the northerly side yard of the existing single detached dwelling having a side yard setback of 0.35m rather than the required 0.75m to support the conversion to a duplex dwelling with a separate entrance, on Lot 59, Plan 58M-606, 470 Blair Creek Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried 5. Submission No.: A 2022-005 Applicants: Thomas Mirmotahari Property Location: 86 Chestnut Street Legal Description: Plan 144 being Lot 9 Appearances: In Support: T. Mirmotahari Contra: C. Stewart Written Submissions: K. Duimering M. Reist B. Dingman C. Stewart R. Cotter S. Elder K. Lutz M & R. Wagenknecht The Committee was advised the applicant requested convert an existing garage in the rear yard of an existing single detached dwelling into an accessory dwelling unit on a lot having a width of 12.19m rather than the required 13.1; and, to legalize a northly side yard setback of 1.03m rather than the required 1.2m. The Committee considered Development Services Department report DSD-2022-042, dated January 4, 2022, recommending approval with conditions as outlined in the report. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 6 - CITY OF KITCHENER 5. Submission No.: A 2022-005 The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with this application, and noting the application is subject to the GRCA Plan review fee. The Committee considered the written submissions in opposition to the subject application. C. Stewart spoke in opposition to the application to confirm the comments made in their written submission. T. Mirmotahari was in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, the applicant confirmed the application was to support the use of one bedrooms in the house being rented out as an AirBnB. The members of the Committee expressed their concern that renting a room may not constitute a separate dwelling unit and were unsure if the requested variances were applicable under such circumstances. The members of the Committee discussed that while the variance may be minor, notable opposition had been received from neighbouring property owners. The Committee further highlighted concerns that the application may be incomplete and additional information was needed information regarding the number of units within the existing dwelling, functionality of the parking and shared driveway access, and Building Code compliance of the windows on the detached garage. Moved by B. McColl Seconded by S. Hannah That the application of THOMAS MIRMOTAHARI requesting permission to convert an existing garage in the rear yard of an existing single detached dwelling into an accessory dwelling unit on a lot having a width of 12.19m rather than the required 13.1; and, to legalize a northly side yard setback of 1.03m rather than the required 1.2m., BE DEFERRED to the February 15, 2022 Committee of Adjustment meeting, to give opportunity for the applicant to provide further information regarding the number of units within the existing dwelling, functionality of the parking and shared driveway access, and Building Code compliance of the detached garage regarding Plan 144 being Lot 9, 86 Chestnut Street, Kitchener, Ontario. Carried 6. Submission No.: A 2022-006 Applicants: April Manahan Property Location: 49 Lower Mercer Street Legal Description: Block 28, Registered Plan 58M-394, being Part 42, Reference Plan 58R-15530 Appearances: In Support: A. Josic A. Manahan Contra: R. Giesler S. Giesler Written Submissions: R & G. Giesler C & C. Gowing L. Germain & J. Sauer R & M. Brown G. LaFrance & N. Rodrigues C & K. Boss G & L. Minter D & A. Strobel COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 7 - CITY OF KITCHENER 6. Submission No.: A 2022-006 M. Ford G. Pink M. Penini S. Thompson J. Dilella L. Kotseff J. Beauchamp P & N. Kristensen L & F. Stocker D. Woolner R. Off B. Evens D & B. Ballard M & A. Green S. Bookjans T & E. Oakman L & C. Simpson N & B. Rotozinski J. Foster C. Walker S. Hendry B & V. Chapman B. Brubacher The Committee was advised the applicant requested permission to convert an existing single detached dwelling into a duplex having the 2 required off-street parking located 0m from the front lot line rather than the required setback of 6m. The Committee considered Development Services Department report DSD-2022-043, dated January 5, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. The Committee considered the written submissions in opposition to the subject application. A. Josic was in attendance in support of the application and staff’s recommendation. With the support of Planning staff, the applicant requested a deferral of one month to address the concerns received from neighbouring property owners and provide proper notice for an additional variance requested by the applicant. Moved by M. Kidd Seconded by B. McColl That the application of A. Josic requesting permission to convert an existing single detached dwelling into a duplex having the 2 required off-street parking located 0m from the front lot line rather than the required setback of 6m, BE DEFERRED to the February 15, 2022 Committee of Adjustment meeting, to address the concerns received from neighbouring property owners and provide proper notice for an additional variance requested by the applicant regarding Block 28, Registered Plan 58M-394, being Part 42, Reference Plan 58R-15530, 49 Lower Mercer Street, Kitchener, Ontario. Carried COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 8 - CITY OF KITCHENER 7. Submission No.: A 2022-007 Applicants: B3 Group Inc. Property Location: 110 Manitou Drive Legal Description: Lot 42, Registered Plan 1525 Appearances: In Support: S. Patterson E. Bender Contra: None. Written Submissions: None. The Committee was advised the applicant requested permission to add the use for accessory retail sales to the warehouse use on the subject lands to occupy a Gross Floor Area (GFA) of 22% (130 sq.m. GFA) of the existing building. The Committee considered Development Services Department report DSD-2022-047, dated January 12, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no objection to this application subject to the following conditions: 1. In according with the GRCA’s 2022 Plan Review Fee Schedule, the applicable fee is $290.00. S. Patterson was in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, S. Patterson confirmed that following consultation with staff it was agreed that Region’s comments regarding a future conveyance would be addressed with any future applications to develop the property. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to include the Grand River Conservation Authority’s fee and revise the wording of Condition 3 to require approval of a Site Plan application to clarify the conditions intent. Moved by B. McColl Seconded by S. Hannah That the application of B3 GROUP INC requesting permission to add the use for accessory retail sales, to a warehouse use, to occupy a gross floor area of 22% (130 sq.m.) of the proposed unit in a multi-tenanted building, on Lot 42, Registered Plan 1525, 110 Manitou Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a Zoning (Occupancy) Certificate to the Planning division. 2. That the accessory retail use be for the proposed car parts warehouse tenant. 3. That the owner shall receive approval of a Site Plan application from the City’s Planning division. 4. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority for the application review fee. 5. That the owner shall complete all conditions noted above be completed by July 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 9 - CITY OF KITCHENER 7. Submission No.: A 2022-007 It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried 8. Submission No.: A 2022-008 Applicants: Thomas Redekopp and Kaitlin Cowie-Redekopp Property Location: 210 Waterloo Street Legal Description: Part Lot D, Plan 386 Appearances: In Support: D. Stewart Contra: C. Thompson J. Arkell Written Submissions: J. Arkell The Committee was advised the applicant requested permission to construct a two-storey addition and deck in the rear of an existing single detached dwelling having a northerly side yard setback of 0.7m rather than the required 1.2m; a southerly side yard setback of 0.6m rather than the required 1.2m; and, to legalize an existing driveway having a southerly side yard setback of 0m rather than the required 0.6m. The Committee considered Development Services Department report DSD-2022-048, dated January 7, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. The Committee considered the written submissions in opposition to the subject application. D. Stewart was in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, D. Stewart confirmed that the drawings included with the application were based on GIS mapping and not a survey. D. Steward further confirmed the applicant’s willingness to install privacy fencing facing the neighbouring property to address privacy concerns. C. Thompson spoke in opposition to the application and expressed concerns about privacy and the location of the proposed deck due to the proposed location near the shared lot line. J. Arkell expressed concern about access to their property through adjoining side yard, water drainage, impact to their air conditioning unit, and the repair of damage to the shared driveway caused by the removal of the carport. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 10 - CITY OF KITCHENER 8. Submission No.: A 2022-008 D. Stewart confirmed that the neighbouring property owner would be able to access their property through the adjoining side yard, there would be no impact to drainage or the neighbours air conditioner, and any damage to the driveway would be repaired by the applicant. The Committee discussed their concern that without a survey, the lot fabric might result in unintended encroachment or Building Code infractions due to the proximity and placement of windows in the proposed addition. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to add the requirement for a survey to Conditions 1 and 3, and that a condition be added to require privacy fencing on the deck to the satisfaction of the City’s Director of Planning. Moved by S. Hannah Seconded by B. McColl That the application of KAITLIN COWIE-REDEKOPP and THOMAS REDEKOPP requesting permission to allow a deck exceeding 0.6m in height to have a side yard setback of 0.7m, whereas 1.2m is required; to allow a side yard setback of 0.6m whereas 1.2m is required; to allow a driveway to have a side yard setback of 0m whereas 0.6m is required; and. to facilitate the construction of a proposed two-storey rear yard addition and deck, on Part Lot D, Plan 386, 210 Waterloo Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a survey and applies for a building permit prior to construction, to the satisfaction of the City’s Building Division. 2. That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 3. That the owner shall submit a survey and grading plan and agrees to implement the approved plan, to the satisfaction of the Director of Planning in consultation with the Director of Engineering. 4. That the owner shall install a privacy screen on the deck, to the satisfaction of the City’s Director of Planning. 5. That the owner shall complete all conditions by January 18, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 11 - CITY OF KITCHENER 9. Submission No.: A 2022-009 Applicants: Radica Bissoondial and Tejram Basdeo Property Location: 764 Stirling Avenue South Legal Description: Part Lot 29, Plan 785 Appearances: In Support: R. Bissoondial T. Basdeo Contra: None. Written Submissions: None. The Committee was advised the applicant requested permission to convert the existing duplex into a triplex as part of an existing multi-residential development, the triplex building having a front yard setback from Stirling Avenue South of 6.02m rather than the required 10m; and, a parking rate of 1.4 spaces per dwelling unit rather than the required 1.5 spaces per unit. The Committee considered Development Services Department report DSD-2022-049, dated January 7, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no objection to this application subject to the following conditions: 1. The owners are made aware that a dedicated road widening of approximately 2.13m will be required along entire property frontage along Manitou Drive for any future development application e.g., a Site Plan/Consent application stage. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no objection to this application subject to the following conditions: 1. In according with the GRCA’s 2022 Plan Review Fee Schedule, the applicable fee is $290.00. In response to questions from the Committee, S. Ryder confirmed Transportation Planning’s support for bicycle parking. R. Bissoondial and T. Basdeo were in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, the applicant stated their support for bicycle parking and confirmed that the parking was not encroaching on the neighbouring property as both lots had been merged under their ownership It was suggested and agreed that the wording for the Committee’s decision on this date be amended to include a condition to provide secured bicycle parking for residents to utilize. Moved by S. Hannah Seconded by M. Kidd That the application of RADICA BISSOONDIAL and TEJRAM BASDEO requesting permission to permit a front yard setback of 6.02m whereas 10.0m is required; to permit a parking rate of 1.4 spaces per dwelling unit, whereas a rate of 1.5 spaces per unit is required (or 14 spaces whereas 15 spaces is required); and, to facilitate the conversion of an existing duplex into a triplex, on Part Lot 29, Plan 785, 764 Stirling Avenue South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive approval of Site Plan Application SP21/078/S/LT. 2. That the owner shall apply for a Zoning (Occupancy) Certificate from the Planning division. 3. That the owner shall apply for a building permit prior to construction, to the satisfaction of the City’s Building Division. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 12 - CITY OF KITCHENER 9. Submission No.: A 2022-009 4. That the owner shall make satisfactory financial arrangements to the Grand River Conservation Authority the application plan review fee. 5. That the owner shall provide secured bicycle parking for residents to utilize to the satisfaction of Transportation Services. 6. That the owner shall complete conditions 1-5 by January 18, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried 10. Submission No.: A 2022-010 Applicants: Dung Mai and Thao Thai Property Location: 129 Max Becker Drive Legal Description: Part Block 9, Registered Plan 58M-172; Part Lot 42, Registered Plan 58R-12815 Appearances: In Support: D. Anh Mai G. Tamane Contra: None. Written Submissions: None. The Committee was advised the applicant requested permission to construct a single-storey sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 5.97m rather than the required 7.5m. The Committee considered Development Services Department report DSD-2022-050, dated January 7, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 5, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. D. Anh Mai and G. Tamane were in attendance in support of the application and staff’s recommendation. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 13 - CITY OF KITCHENER 10. Submission No.: A 2022-010 Moved by S. Hannah Seconded by M. Kidd That the application of DUNG MAI and THAO THAI requesting permission to allow for a proposed 1 storey addition to have a rear yard setback of 5.97m whereas 7.5m is required, on Block 9, Registered Plan 58M-172, being Part 42, Reference Plan 58R-12815, 129 Max Becker Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for a building permit prior to construction, to the satisfaction of the City’s Building Division. 2. That the owner shall complete the above noted condition by January 18, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried CONSENT APPLICATIONS 1. Submission No.: B 2022-001 Applicants: A&F Greenfield Homes Ltd. Property Location: 26 Edgewood Drive Legal Description: Lot 5, Plan 778 Appearances: In Support: D. Rosu Contra: None. Written Submissions: None. The Committee was advised the applicant was requesting permission to sever a parcel of land so each lot would contain one newly constructed semi-detached dwelling. The severed land identified as red on the plan submitted with the application having a width of 7.93m, a depth of 30.48m, and an area of 241.7sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.93m, a depth of 30.48m, and an area of 241.7sq.m. The Committee considered Development Services Department report DSD-2022-037 dated January 7, 2022, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated January 7, 2022, advising they have no objection to this application subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 14 - CITY OF KITCHENER 1. Submission No.: B 2022-001 1. That prior to final approval, the owner/applicant must submit the Regional consent review fee of $350.00. 2. That prior to final approval, the owner/applicant must submit a valid section 59 notice. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. D. Rosu was in attendance in support of the application and staff’s recommendation. Moved by B. McColl Seconded by M. Kidd That the application of A & F GREENFIELD HOMES LTD requesting permission to sever a parcel of land having a width of 7.93m, a depth of 30.48m, and an area of 241.7sq.m., on Lot 5, Registered Plan 778, 26 Edgewood Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 6. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the owner shall provide a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 9. That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 10. That the owner shall pays to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $3647.80. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 15 - CITY OF KITCHENER 1. Submission No.: B 2022-001 11. With respect to the City-owned tree that is located adjacent to the severed and retained lands, the owner shall fulfill one of the following three requirements: a. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: i. That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City-owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City’s Director Parks & Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City’s Director Parks & Cemeteries. ii. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City’s Director Parks & Cemeteries. iii. The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OR b. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: i. That the owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City’s Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City’s Director Parks & Cemeteries. ii. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City’s Director Parks & Cemeteries. OR c. Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City’s Director of Parks & Cemeteries. 12. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 13. That the owner shall submit a valid section 59 notice to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 16 - CITY OF KITCHENER 1. Submission No.: B 2022-001 Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 2. Submission No.: B 2022-002 Applicants: Mona Terra Holdings Corporation Property Location: 670 Fairway Road South Legal Description: Part of Lots 7 and 18, Plan 988 Appearances: In Support: D. Igelman Contra: None. Written Submissions: None. The Committee was advised the applicant was requesting permission for a lease in excess of 21 years for a restaurant and drive-thru, the subject property a width of 29.069m, a depth of 67.265m, and an area of 1881.35sq.m. The Committee considered Development Services Department report DSD-2022-034 dated January 7, 2022, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated January 7, 2022, advising they have no objection to this application subject to the following conditions: 1. That prior to final approval, the owner/applicant must submit the Regional consent review fee of $350.00. 2. That prior to final approval, the owner/applicant must submit a valid section 59 notice. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. D. Ingelman was in attendance in support of the application and staff’s recommendation. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 17 - CITY OF KITCHENER 2. Submission No.: B 2022-002 Moved by S. Hannah Seconded by M. Kidd That the application of MONA TERRA HOLDINGS CORPORATION requesting permission for consent for a lease in excess of 21 years for a restaurant and drive-thru, the subject property a width of 9.069m, a depth of 67.265m, and an area of 1881.35sq.m., on Part of Lots 7 and 18, Plan 988, 670 Fairway Road South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s), if required by the City Clerk. The digital file must be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall receive approval of the draft reference plan (as required by the City Clerk), from the City’s Director of Planning. 4. That the owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 5. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 6. That the owner shall submit a valid section 59 notice to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 18 - CITY OF KITCHENER 3. Submission No.: B 2022-003 Applicants: Mirjana Perencevic and Pero Perencevic Property Location: 74 Rutherford Drive Legal Description: Part of Lot 7, Plan 742 Appearances: In Support: B. Jokanovic Contra: None. Written Submissions: None. The Committee was advised the applicant was requesting permission to sever a parcel of land identified in red on the plan submitted with the application having a width of 11.43m, a depth of 60.35m, and an area of 689.8sq.m. The retained land identified as green on the plan submitted with the application having a width of 11.43m, a depth of 60.35m, and an area of 689.8sq.m. The parcels are intended for duplex dwellings. The Committee considered Development Services Department report DSD-2022-040 dated January 3, 2022, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated January 7, 2022, advising they have no objection to this application subject to the following conditions: 1. That prior to final approval, the owner/applicant must submit the Regional consent review fee of $350.00. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. B. Jokanovic was in attendance in support of the application and staff’s recommendation. Moved by S. Hannah Seconded by M. Kidd That the application of MIRJANA PERENCEVIC and PERO PERENCEVIC requesting permission to sever a parcel of land having a width of 11.43m, a depth of 60.35m, and an area of 689.8sq.m., on Part of Lot 7, Plan 742, 74 Rutherford Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the owner shall obtain a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the lots. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 19 - CITY OF KITCHENER 3. Submission No.: B 2022-003 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 7. That any new driveways are to be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. The owner shall provide a Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 10. That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 11. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $9545.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 12. That the owner shall replace or protect the City-owned tree impacted by proposed severance to the satisfactions of the Director of Parks and Cemeteries. 13. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 14. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 20 - CITY OF KITCHENER 3. Submission No.: B 2022-003 Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried COMBINED APPLICATIONS: 1. Submission No.: B 2022-004, 005 & 006 Applicants: MB Future Homes Ltd. Property Location: 32 Burgetz Ave Legal Description: Part of Lot 4, Plan 589, being Parts 1, 2, 3 &4 on Reference Plan 58R- 21091 Appearances: In Support: M. Prebreza Contra: None. Written Submissions: Waterloo Region District School Board The Committee was advised the applicant requested to sever a parcel of land to provide for the construction of 2 semi-detached dwellings on 4 lots. B 2022-004 – (Severed Lot - Part 1) B 2022-005 – (Severed Lot - Part 2) Width - 6.89m Width - 6.99m Depth - 29.147m Depth - 28.829m Area - 201.7sq.m. Area - 202.4sq.m. B 2022-006 – (Severed Lot Part 3) Retained Lot – (Part 4) Width - 6.87m Width - 6.7m Depth - 28.516m Depth - 28.275m Area - 197sq.m. Area - 207.8sq.m. The Committee considered Development Services Department report DSD-2022-023 dated January 7, 2022, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated January 7, 2022, advising they have no objection to this application subject to the following conditions: 1. That prior to final approval, the owner/applicant must submit the Regional consent review fee of $350.00 for each consent application. 2. That prior to final approval, the owner/applicant must submit a calid section 59 notice. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 6, 2022, advising they have no concerns with the subject application. The Committee considered a written submission from the Waterloo Region District School Board. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 21 - CITY OF KITCHENER 1. Submission No.: B 2022-004, 005 & 006 M. Prebreza was in attendance in support of the application and staff’s recommendation. In response to questions from the applicant, the Committee confirmed that permits and application fees would need to be resubmitted to the City of Kitchener. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to include the comments received by the Region and to add a condition that the fencing be repaired to the satisfaction of the City’s Director of Planning. Submission No.: B 2022-004 Moved by B. McColl Seconded by S. Hannah That the application of MB FUTURE HOMES LTD requesting permission to sever a parcel of land identified as Part 1 on the plan submitted with the application having a width of 6.89m, a depth of 29.147m, and an area of 201.7sq.m., on Part of Lot 4, Plan 589, being Parts 1, 2, 3 & 4 on Reference Plan 58R-21091, 32 Burgetz Ave, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 2. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 3. That the owner 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 size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 4. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the City’s Director of Engineering Services for the severed and retained lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 6. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the City’s Director of Engineering Services for the retained lands. 7. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall make arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 9. That the owner shall provide confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required 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, at the cost of the Owner. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 22 - CITY OF KITCHENER 1. Submission No.: B 2022-004, 005 & 006 10. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That the owner shall submit a valid section 59 notice to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No.: B 2022-005 Moved by B. McColl Seconded by S. Hannah That the application of MB FUTURE HOMES LTD requesting permission to sever a parcel of land identified as Part 2 on the plan submitted with the application having a width of 6.99m, a depth of 28.829m, and an area of 202.4sq.m., on Part of Lot 4, Plan 589, being Parts 1, 2, 3 & 4 on Reference Plan 58R-21091, 32 Burgetz Ave, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 2. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 3. That the owner 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 size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 4. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the City’s Director of Engineering Services for the severed and retained lands. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 23 - CITY OF KITCHENER 1. Submission No.: B 2022-004, 005 & 006 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 6. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the City’s Director of Engineering Services for the retained lands. 7. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall make arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 9. That the owner shall provide confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required 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, at the cost of the Owner. 10. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That the owner shall submit a valid section 59 notice to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 24 - CITY OF KITCHENER 1. Submission No.: B 2022-004, 005 & 006 Submission No.: B 2022-006 Moved by B. McColl Seconded by S. Hannah That the application of MB FUTURE HOMES LTD requesting permission to sever a parcel of land identified as Part 3 on the plan submitted with the application having a width of 6.87m, a depth of 28.516m, and an area of 197sq.m., on Part of Lot 4, Plan 589, being Parts 1, 2, 3 & 4 on Reference Plan 58R-21091, 32 Burgetz Ave, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 2. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 3. That the owner 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 size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 4. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the City’s Director of Engineering Services for the severed and retained lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 6. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the City’s Director of Engineering Services for the retained lands. 7. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall make arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 9. That the owner shall provide confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required 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, at the cost of the Owner. 10. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That the owner shall submit a valid section 59 notice to the satisfaction of the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES January 18, 2022 - 25 - CITY OF KITCHENER 1. Submission No.: B 2022-004, 005 & 006 It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried ADJOURNMENT On motion, the meeting adjourned at 11:00 p.m. Dated at the City of Kitchener this 18th day of January, 2022. Sarah Goldrup Acting Secretary-Treasurer Committee of Adjustment