HomeMy WebLinkAboutCA Agenda - 2022-02-15Committee of Adjustment
Agenda
Tuesday, February 15, 2022, 10:00 a.m. -12:00 p.m.
Electronic Meeting
(Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended,
and Ontario Regulations 197/96 and 200/96, as amended)
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically
TUESDAY, February 15, 2022, commencing at 10:00 a.m. for the purpose of hearing the following
applications for Minor Variance and/or Consent.
Due to COVID-19, City Hall is currently open by appointment only, Applicants or Agents must register
to participate electronically in support of the application. This is a public meeting, anyone having an
interest in any of these applications may register to participate electronically as a delegation or submit
comments for Committee consideration. If you wish to register, please email CofA@kitchener.ca or
via phone at 519-741-2203. Please note this electronic meeting is a public meeting and will be
recorded.
Pages
1. COMMENCEMENT
2. MINUTES
That the regular minutes of the Committee of Adjustment meeting held January
18, 2022, as circulated to the members, be accepted.
3. APPOINTMENT OF ACTING SECRETARY -TREASURER
That A. Fox be appointed as Acting Secretary -Treasurer of the Committee of
Adjustment.
4. UNFINISHED BUSINESS
The following items were deferred from the January 18, 2022, meeting of the
Committee of Adjustment.
4.1. A 2022-003 - 53 Margaret Avenue - DSD -2022-086 6
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 Om
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.
4.2. A 2022-005- 86 Chestnut Street - DSD -2022-078 21
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.
5. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT
TO THE PLANNING ACT
5.1. A 2022-006 - 49 Lower Mercer Street - DSD -2022-077 48
Permission to convert an existing semi-detached dwelling into a duplex
having the 1 of required off-street parking spaces located Om from the
front lot line rather than the required setback of 6m; and, to permit a
second pedestrian entrance on the street line facade facing Lower
Mercer Street whereas a second entry is not permitted by the By-law.
5.2. A 2022-011 - 43 Maurice Street - DSD -2022-070 69
Permission to legalize an existing 4 -unit multi -residential dwelling having
3 off-street parking spaces rather than the required 4 off-street parking
spaces; a driveway setback of 8.2m from the corner of Maurice Street
and Sydney Street South rather than the required 9m; a lot width of
12.15m rather than the required 15m; parking located within 3m of the
street line along the side yard; a side yard abutting Sydney Street South
of 1.8m rather than the required 3m; and, a deck having a side yard
setback of 0.4m rather than the required 3m.
5.3. A 2022-012 - 158 Forest Creek Drive - DSD -2022-079 79
Permission to construct raised steps in the southerly side yard of an
existing single detached dwelling having a side yard setback of 0.15m
rather than the required 0.75m to support the conversion of the dwelling
into a duplex with a separate entrance for the basement unit.
Page 2 of 258
5.4.
A 2022-013 - 41 Moore Avenue - DSD -2022-071
87
Permission to construct a two-storey single detached dwelling and
detached garage on a vacant lot having a lot width of 4.57m rather than
the required 9m; a maximum front yard setback of 39.5m rather than the
maximum permitted 4.6m; an accessory structure (garage) located closer
to the front lot line than the front face of the principle building on the
property; and, a driveway having a width of 8.53m rather than the
permitted maximum 5.2m.
5.5.
A 2022-014 - 21-39 Benninger Drive - DSD -2022-068
102
Permission to construct a 10 -unit street -fronting townhouse development
with three of the proposed units 31, 33 and 39 Benninger Drive to have a
maximum garage width of 78% of the unit facade rather than the required
70%.
5.6.
A 2022-015 - 25 Brock Street - DSD -2022-076
110
Permission to construct an addition in the rear yard of a single detached
dwelling having a westerly side yard setback of 0.6m rather than the
required 1.2m.
5.7.
A2022-016 -1768 Ottawa Street South - DSD -2022-075
118
Permission to demolish and reconstruct a wellhouse facility having a
westerly side yard setback of 0.77m and an easterly side yard setback of
1.15m rather than the required 7.5m; and, a rear yard setback of 2.38m
rather than the required 7.5m.
5.8.
A 2022-017 - 86 Cedar Street - DSD -2022-091
127
Permission to convert the existing interior space on the ground floor into
an additional dwelling unit within a multi -residential dwelling unit (80 units
total) having 10 visitor parking spaces rather than the required 20
spaces; 86 parking spaces rather than the required 98 spaces for 80
dwelling units (2 units with a Gross Floor Area of 51 sq.m. or less); a
landscaped area of 17.8% rather than the minimum 20%; and, ground
floor dwelling units without an exclusive use patio area.
5.9.
B 2022-007 - 654 Rockway Drive - DSD -2022-080
135
Permission to sever a parcel of land having a width of 16.5m, a depth of
32.4m and an area of 525 sq.m. The retained land will have a width of
16.5m, a depth of 32.4m and an area of 525 sq.m. The existing structure
is proposed to be demolished for the construction of new single detached
dwellings on each lot.
5.10.
B 2022-008 - 442 Old Chicopee Trail - DSD -2022-069
155
Permission to sever a parcel of land having a width of 18.288m, a depth
of 49.68m and an area of 908.54 sq.m. The retained land having a width
of 21.947m, a depth of 74.68m and an area of 1639 sq.m. The parcels
are intended for single detached dwellings.
Page 3 of 258
5.11. B 2022-009 - 114 Doon Valley Drive - DSD -2022-083 174
Permission to sever a parcel of land having a width of 18.3m, a depth of
60m and an area of 1098 sq.m to be conveyed as a lot addition to the
property municipally addressed as 136 Doon Valley Drive. The retained
will have a width of 20.4m, a depth of 55.2m and an area of 965 sq.m.
The proposed lot addition is intended to provide additional rear yard
amenity space and is not intended for development.
5.12. B 2022-010 - 113 Walter Street - DSD -2022-081 185
Permission to sever a parcel of land so each half of a semi-detached
duplex dwelling can be dealt with separately. The severed a parcel of
land will have a width of 7.62m, a depth of 44.196m and an area of 336.8
sq.m. The retained land identified as red on the plan submitted with the
application having a width of 7.620m, a depth of 44.196m and an area of
336.8 sq.m.
5.13. B 2022-011 - 44 Wilhelm Street - DSD -2022-082 204
Permission to sever a parcel of land having a width of 7.62m, a depth of
36.61 m and an area of 291.4sq.m. The retained land will have a width of
7.62m, a depth of 38.50m and an area of 306.4sq.m. The existing single
detached dwelling is proposed to be demolished for the construction of a
new semi-detached duplexed dwelling.
5.14. B 2022-012 & B2022-013 - 20 & 30 Breithaupt Street - DSD -2022-085 216
Permission to sever a parcel of land having a width of 11.984m, a depth
of 48m and an area of 567.5 sq.m. to be conveyed as a lot addition to the
property municipally addressed as 30 Breithaupt Street; and, permission
for a partial discharge of mortgage on severed and retained lands. Both
parcels are intended for office development.
5.15. A 2022-018, A 2022-019& B 2022-014 - 81 Shanley Street - DSD -2022- 235
084
Permission to sever a parcel of land so each half of a semi-detached
dwelling can be dealt with separately. The severed parcel of land will
have a width of 8.73m, a depth of 38.01 m, and an area of 330 sq.m. The
retained land will have a width of 8.73m, a depth of 38m, and an area of
330 sq.m. Permission is also being requested for minor variance for the
severed lot to permit maximum front yard setback of 6m rather than the
maximum permitted 4m. Permission is also being requested for the
retained land to have a maximum front yard setback of 6m rather than
the maximum permitted 4m.
6. ADJOURNMENT
Page 4 of 258
7. PLANNING ACT INFORMATION
• additional information is available at the Legislated Services
Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-
741-2203).
• copies of written submissions/public agencies' comments are available
the Friday afternoon prior to the meeting on the City of Kitchener
website www.kitchener.ca in the online Council and Committee
calendar; see the meeting date for more details.
• anyone having an interest in any of these applications may attend this
meeting.
• a person or public body that files an appeal of a consent decision of the
Committee of Adjustment must make written submissions to the
Committee before the Committee gives or refuses to give a Provisional
Consent otherwise the Ontario Land Tribunal (OLT) may dismiss the
appeal.
any personal information received in relation to this meeting is collected
under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13,
and will be used by the City of Kitchener to process Committee of
Adjustment applications. Questions about the collection of information
should be directed to Sarah Goldrup at sarah.goldrup@kitchener.ca.
if you wish to be notified of a decision you must make a written request
to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200
King St. W., Kitchener ON, N2G 4G7; this request also entitles you to
be advised of a possible Local Planning Appeal Tribunal hearing; even
if you are the successful party you should make this request as the
decision could be appealed by the applicant or another party.
The Notice of Hearing for this meeting was published the Record on the 28th
day of January, 2022.
Sarah Goldrup
Acting Secretary -Treasurer
Committee of Adjustment
Page 5 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Sheryl Rice Menezes, 519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 7, 2022
REPORT NO.: DSD -2022-086
SUBJECT: Minor Variance Application A2022-003
53 Margaret Avenue
Owner: 2515407 Ontario Ltd.
Agent: David Galbraith, IBI Group
RECOMMENDATION:
That application A2022-003 requesting relief from the following:
1) Relief from Section 39.2.4 of Zoning By-law 85-1 to recognize a minimum lot area of
432 square metres instead of the minimum required 495 square metres;
2) Relief from Section 39.2.4 of Zoning By-law 85-1 to recognize a minimum setback from
Maynard Street of 2.75 metres instead of the minimum required 4.5 metres;
3) Relief from Section 39.2.4 to recognize a minimum rear yard setback of 3.5 metres
instead of the minimum required 7.5 metres for any portion of the dwelling 2 storeys
in height;
4) Relief from Section 39.2.4 of Zoning Bylaw to permit a small third floor addition to have
a rear yard setback of 6.5 metres rather then the required 7.5 metres;
5) Relief from Section 39.2.4 to permit the proposed 3rd floor addition to have a minimum
rear yard setback of 6.5 metres instead of the minimum required 7.5 metres;
6) Relief from Section 6 of Zoning By-law 85-1 to permit 3 off-street parking spaces to be
located between the building fagade and the side lot line abutting Maynard Street
whereas the By-law does not permit parking between fagade and side lot line abutting
a street;
7) Relief from Section 6 of Zoning By-law 85-1 to permit the required off-street parking to
be located 0 metres from the side lot line abutting Margaret Avenue instead of the
required 3 metres; and,
8) Relief from Section 6 of Zoning By-law 85-1 to permit the 3 required off-street parking
spaces to have a depth of 4.3 metres instead of the required 5.5 metres;
to recognize an existing three (3) -unit multiple dwelling, in accordance with architectural,
elevation, floor and site plans prepared by Joe Somfay Architect and Ly Design, dated
February 2, 2022, be approved, subject to the following conditions:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 6 of 258
1) 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 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.
2) To include the following condition as a condition of site plan approval: "that prior to
the issuance of a Building Permit, low hedges are planted or fencing installed to
screen parking, to the satisfaction of Heritage Planning staff." and,
3) That the conditions noted above be completed by September 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.
BACKGROUND:
The property is identified as `Major Transit Station Area' on Map 2 - Urban Structure in the 2014
Official Plan and is designated as `Low Rise Residential Preservation' in the City's Civic Centre
Neighbourhood Secondary Plan in the 1994 Official Plan.
The property is zoned as `Residential Five Zone (R-5)' with Special Use Provision 127U, in Zoning
By-law 85-1.
The subject building has been used as a 3 -unit multiple dwelling since the 1980's without meeting
all Zoning By-law regulations. The new owner wishes to legalize the use.
Location Map
Page 7 of 258
This application was originally considered at the January 18, 2022, Committee of Adjustment
meeting. It was deferred to the February meeting in order that staff may have time to consult with
the applicant on concerns raised by an adjacent neighbour in regards to the proposed exterior stairs.
The applicant has submitted updated plans removing the exterior stairs in the rear yard and placing
the stairs inside the building. As well, the proposed third floor addition has been recessed in from
the existing rear yard fagade. (see drawings below)
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Page 8 of 258
Updated elevation of interior side yard
REPORT:
Planning Comments:
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In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The intent of the designation is to preserve existing houses and streetscapes wherever possible. The
designation permits a maximum of three units and encourages conversions within the existing building.
The property is able to provide the minimum of three parking spaces provided the variances as noted
in the report are approved. The lot area and setback variances are to acknowledge the location of the
existing building and permit a small addition at the rear above the 1St storey. Staff are of the opinion that
the requested variances meet the intent of the Official Plan is met.
General Intent of the Zoning By-law
The intent of the setback and parking regulations is to ensure that the building and its use can function
appropriately without negatively impacting abutting properties and that a fairly consistent streetscape is
maintained. The variances to recognize lot area, existing building setbacks and parking are to
acknowledge what currently exists. There is also a small addition proposed on 31d floor in the north-west
corner of the lot. It has been recessed in from the rear yard building fagade and will have a setback of
6.5 metres rather than the required 7.5 metres from the rear lot line. The applicant is proposing an
outdoor amenity area for the third -floor tenant on top of the 2nd storey. The proposed deck on top of the
second floor will have railings that meet the minimum 4 metres setback for a deck.
Page 9 of 258
The intent of the regulations for the parking spaces is to ensure that parking does not dominate the
streetscape. The parking area for three cars (shown in photo #2) has existed for many years without
complaints received. Transportation Planning has no concerns.
Staff are of the opinion that the intent of the by-law is being met.
Is the Variance Minor?
As the variances for the existing building, small rear yard addition and existing parking maintain the
intent of preserving the streetscape and are to legalize a use that has existed for some time without
complaint, staff are of the opinion that the variances are minor.
Is the Variance Appropriate?
The variances are desirable and appropriate as they will legalize the use of the building for a three
(3) unit multiple dwelling. They are also desirable as they will allow renovations to occur that will
improve the quality of the living and amenity space and improve the internal functioning of the
building and bring it into compliance with Building and Fire Codes.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to a triplex is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Comments:
Given the existing nature of the parking area, Transportation Services does not have any concerns
with the proposed application.
Heritage Comments:
The subject property is located within the Civic Centre Neighbourhood Heritage Conservation District
(CCNHCD) and is designated under Part V of the Ontario Heritage Act. The CCNHCD Plan contains
policies and guidelines for building conversions and alterations within the district.
A Heritage Permit Application was submitted and reviewed for the previously proposed construction
of a small third storey addition and large exterior staircase, 3 storeys in height.
The new proposal, in accordance with the updated drawings dated, February 2, 2022, to renovate
the existing multiple dwelling is much less onerous and much more desirable in maintaining the
existing built form and look of the existing dwelling. It is also very much in keeping with the Civic
Centre Neighbourhood Heritage Conservation District Plan.
Accordingly, it is Planning Staff's opinion that the intent of the Heritage Permit Application is
maintained, and it will not need to be reconsidered at Heritage Kitchener.
The proposed minor variances are in keeping with the works proposed through the Heritage Permit
Application, as amended. In keeping with the guidelines contained in sections 6.8.1 and 7.4.4 of the
CCNHCD Plan for building conversions and streetscape design within the private realm, low hedges
or fencing should be incorporated to screen the parking along Maynard Avenue.
Accordingly, Heritage Planning staff requests the following condition:
`That as a condition of site plan approval, that prior to the issuance of a Building Permit, low hedges
are planted or fencing installed to screen parking, to the satisfaction of Heritage Planning staff.'
Page 10 of 258
Engineering Comments: No comments.
Environmental Planning Comments:
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 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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
This application was originally discussed at the January 18, 2022, Committee of Adjustment meeting.
Since that meeting, the proposal for renovations to the existing multiple dwelling have changed.
Page 11 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning)
519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 10, 2022
REPORT NO.: DSD -2022-046
SUBJECT: Minor Variance Application A2022-003
54 Margaret Avenue
Owner — 2515407 Ontario Ltd
Agent — David Galbraith / IBI Group
RECOMMENDATION:
That application A2022-003 to legalize an existing 3 -unit multiple dwelling:
1) on a lot having an area of 432 sq.m. rather than the rather than the required 495 sq.m.;
2) a setback from Maynard Street of 2.75 m rather than required 4.5 m;
3) a rear yard setback of 3.5 m rather than the required 7.5 m;
4) having 3 off-street parking spaces located between the building fagade and the side
lot line abutting Maynard Street whereas the By-law does not permit parking between
fagade and side lot line abutting a street;
5) the required off-street parking to be located 0 m from the side lot line abutting Margaret
Avenue rather than the required 3 m; and,
6) the 3 off-street parking spaces to have a depth of 4.3 m rather than required 5.5 m,
be approved, subject to the following conditions:
1) That a Zoning Occupancy Certificate is submitted to the Planning division;
2) That a Stamp Plan B Site Plan is approved by the Planning division;
3) That 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;
4) That the proposed decks and doors facing the interior side lot line near the rear of the
dwelling (on original application drawing) be removed and that only stairs/steps with
minimum landing size be constructed at the rear of the building and shall meet the
minimum setback regulation of 0.75 m. Updated plans to be reviewed and approved
by Planning and Heritage staff; and,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 12 of 258
5) That the conditions noted above be completed by September 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.
Location Map
BACKGROUND:
The property is designated as Low Rise Residential Preservation in the City's Civic Centre
Neighbourhood Secondary Plan and identified as Major Transit Station Area on the City's Urban
Structure Map.
The property is zoned as R-5, 127U (Residential Five) in Zoning By-law 85-1.
The subject building has been used as a 3 -unit multiple dwelling since the 1980's without meeting
all Zoning By-law regulations. The new owner wishes to legalize the use.
REPORT:
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments:
Page 13 of 258
Photo #1 - view from corner of Margaret and Maynard Avenues
General Intent of the Official Plan
The intent of the designation is to preserve existing houses and streetscapes wherever possible. The
designation permits a maximum of three units. The property is able to provide the minimum of three
parking spaces provided variances as noted in the report are approved. In order to comply with the
Ontario Building Code, proposed exterior stairs are required and are located away from the fagade
which meets the intent. The lot area and setback variances are to acknowledge an existing building
and a small addition on the third floor at the rear of the building for a 3.5 m by 3.5 m vestibule from the
proposed stairs. It is noted that Heritage Planning staff have no concerns and the application has been
reviewed for a Heritage permit but has not yet been issued. The District Plan notes that new entrances
shall be located to the side and rear of the dwelling. Staff are of the opinion that the intent of the Official
Plan is met.
General Intent of the Zoning By-law
The intent of the regulations for setback is to ensure that the existing building and streetscape is
maintained. The lot area and existing building setbacks acknowledge what currently exists. There is
also a 3.5 m x 3.5 m vestibule addition proposed on 31d floor in the north-west corner of the lot. This is
for access to the top floor unit from the proposed stairs. It is the exact footprint of what exists on the
second floor and there are no Heritage Planning concerns.
The intent of the regulations for the parking spaces is to ensure that parking does not dominate the
streetscape. The parking area for three cars (shown in photo #2) has existed for many years without
complaints received. Transportation Planning has no concerns.
Staff are of the opinion that the intent of the by-law is being met.
Page 14 of 258
Photo # 2 - view from Maynard Ave of driveway
Is the Variance Minor?
As the variances for the existing building, small rear yard addition and parking maintain the intent of
preserving the streetscape and are to legalize a use that has existed for some time without complaint,
staff are of the opinion that the application is minor.
Is the Variance Appropriate?
As noted above, the variances may be considered minor and have been reviewed by Heritage
Planning. However, in order to confirm the parking spaces and to ensure that the parking area meets
the intent of Heritage Planning condition for low hedges to be planted (or fencing installed) to screen
parking, Site Plan approval will be required to the satisfaction of Planning and Heritage Planning
staff.
Page 15 of 258
Photo #3 - view from Margaret Ave of interior side yard
Building Comments: The Building Division has no objections to the proposed variance provided
building permit for the change of use to a triplex is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Transportation Comments: Given the existing nature of the parking area, Transportation Services
does not have any concerns with the proposed application.
Heritage Comments: The subject property is located within the Civic Centre Neighbourhood
Heritage Conservation District (CCNHCD) and designated under Part V of the Ontario Heritage Act.
The CCNHCD Plan contains policies and guidelines for building conversions and alterations within
the district.
A Heritage Permit Application has been submitted and reviewed for the construction of a small third
storey addition and exterior staircase. The proposed minor variances are in keeping with the works
proposed through the Heritage Permit Application process. In keeping with the guidelines contained
in sections 6.8.1 and 7.4.4 of the CCNHCD Plan for building conversions and streetscape design
within the private realm, low hedges or fencing should be incorporated to screen the parking along
Maynard Avenue.
Heritage Planning staff requests the following condition:
That prior to the issuance of a Building Permit, low hedges are planted or fencing installed to screen
parking, to the satisfaction of Heritage Planning staff.
Page 16 of 258
Engineering Comments: No comments.
Environmental Planning Comments: 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 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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Page 17 of 258
January 05, 2022
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41 PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 — 85 Green Valley Drive — No Concerns.
2) A 2022-002 — 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place —No concerns.
3) A 2022 - 003 — 53 Margaret Avenue — No Concerns.
4) A 2022 - 004 — 470 Blair Creek Drive — No Concerns.
5) A 2022 - 005 — 86 Chestnut Street — No Concerns.
6) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
7) A 2022 - 007 — 110 Manitou Drive — No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
Document Number: 3913450
Page 1 of 2
Page 18 of 258
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.
8) A 2022 - 008 — 210 Waterloo Street —No Concerns to the minor variance.
9) A 2022 - 009 — 764 Stirling Avenue South — No Concerns.
10) A 2022 - 010 — 129 Max Becker Drive — No Concerns.
11)A 2022 - 011 — 43 Maurice Street — 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
2
Page 19 of 258
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January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting — January 18, 2022
Applications for Minor Variance
A 2022-001
85 Green Valley Drive
A 2022-002
79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003
53 Margaret Avenue
A 2022-004
470 Blair Creek Drive
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-008
210 Waterloo Street
A 2022-010
129 Max Becker Drive
A 2022-011
43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
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 iconroygrandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
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 1 of 1
the Grand River Conservation Authority.
Page 20 of 258
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Staffeeport
I
KT-Ci iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 31, 2022
REPORT NO.: DSD -2022-078
SUBJECT: Minor Variance Application A2022-005
86 Chestnut St
Owner — Thomas Mirmotahari and Afshin Mirmotahari
RECOMMENDATION:
That minor variance application A2022-005 requesting relief from Section 5.22 to convert an
existing detached garage in the rear yard of an existing single detached dwelling into an
Accessory Dwelling Unit, on a lot having a width of 12.19 metres rather than the minimum
required 13.1 metres, and to allow a northly side yard setback of 1.03 metres for the principle
dwelling rather than the minimum required 1.2 metres, be approved.
Location Map: 86 Chestnut St.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 21 of 258
BACKGROUND:
The property is designated as `Low Conservation A' in the `Central Frederick Neighbourhood
Secondary Plan' in the 1994 Official Plan and identified as `Community Areas' on Map 2 - Urban
Structure in the 2014 Official Plan.
The property is zoned `Residential Five Zone (R-5)' with Special Use Provision 129U in Zoning By-
law 85-1. The applicant is proposing to convert an existing detached garage, at the rear of the subject
property, into an `Additional Dwelling Unit'.
Minor Variance A2022-005 was deferred from the January 2022 Committee of Adjustment Agenda
for the following reasons:
1. Concerns of a parking deficiency;
2. Concerns that the property is operating as an Airbnb rental;
3. Concerns of privacy because of the ADU's window;
4. Concerns of an illegal dwelling unit in the basement.
1. Parking
The proposed use of the property will require a total of 2 parking spaces with a minimum dimension
of 2.6m x 5.5m per parking stall. The applicant can provide one parking space for the main dwelling
and another parking space for the ADU. The proposed parking spaces and location on the property
will meet the Zoning By-law regulations.
2. Airbnb
Currently the City of Kitchener does not have any short-term licensing requirements and does not
regulate or license Airbnbs. Also, the Zoning By-law does not regulate the use of Airbnb.
Consequently, any use of the property for short-term rental does impact the need for any additional
minor variances to permit the detached garage to be used for an ADU.
3. Privacy
The City's Comprehensive Review of the Zoning By-law to facilitate the development of additional
dwelling units reviewed the location of ADUs on properties and proposed minimum setbacks to
ensure that they do not impact adjacent properties. The existing detached garage and proposed
ADU will meet the minimum setbacks in the Zoning By-law. The applicant is not requesting any
reductions to the setbacks for the ADU. The variances to recognize the lot width of the subject
property and the location of the existing dwelling do not inhibit the ability of the ADU to meet all
required setbacks. The 1 -storey ADU meets the minimum 0.6 metre side yard setbacks without any
overlook on the neighbouring property. Building staff has confirmed that the windows meet the
Building Code.
4. Duplex
The applicant has confirmed that a room in the basement in the dwelling on the subject property is
occasionally rented out. The applicant provided floor plans of the basement and first floor of the
dwelling for staff to review. Building Department staff have reviewed the plans and can confirm that
the existing dwelling is not considered a `duplex' dwelling. Planning Department staff have also
reviewed the floor plans and can confirm that the existing dwelling is not considered a `duplex'
dwelling in Zoning By-law 85-1 because the basement does not meet the definition of a "Dwelling
Unit". The short-term rental of the basement is not regulated by licensing or the Zoning By-law and
does not trigger the need for additional variances.
Page 22 of 258
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Low Conservation A' in the Central Frederick Neighbourhood
Secondary Plan in the 1994 Official Plan. The intent of the Low Rise Conservation designation is to
preserve the scale, use and intensity of existing development. The permitted uses are restricted to
single detached dwellings, semi-detached dwellings, duplex dwellings, etc. It is staff's opinion that the
requested variances are conforming to the general intent of the Official Plan.
General Intent of the Zoning By-law
The requested variances to facilitate the conversion of the existing detached garage into an
Additional Dwelling Unit on a lot having a width of 12.19 metres, instead of the minimum 13.1 metres
and with the principal dwelling having a side yard setback of 1.02 metres, instead of the minimum
required 1.2 metres, meets the general intent of the Zoning By-law. The intent of the regulations is
to ensure that ADUs are constructed on lots which have a sufficient area to provide amenity space,
fire emergency access, and required parking.
The subject property has a lot area of 464 square metres which is 69 square metres greater than
the minimum required 395 square metres. The deficiency in the minimum lot width of 0.91 metres
does not impact the ability of the property to function appropriately with respect to the provision of
sufficient amenity area, and the ability to provide sufficient parking.
The reduced side yard setback will not impact emergency fire access. A 1.1 metre walkway can be
provided along the southerly (right) side of the property which is sufficient in width to allow for fire
emergency access.
The existing detached garage is setback 20.37 metres from the front property line. The conversion
of the detached garage to a dwelling unit will not impact the first required parking space and the
driveway will have sufficient parking on the property for both parking spaces in tandem in accordance
with zoning regulations.
It is staff's opinion that the variances meet the general intent of the Zoning By-law
Is the Variance Minor?
The requested variance to facilitate the conversion of a detached garage into an additional Dwelling
Unit, on a lot having a width of 12.19 metres, instead of 13.1 metres, is considered minor as the structure
is already existing and will not be increasing the building footprint through the renovations. The
requested variance is only 0.91 metres while the lot area exceeds the minimum lot area requirement by
70 square metres.
The reduced side yard setback of the principle dwelling of 1.03 metres, instead of 1.2 metres, is
considered minor as the house is already existing and the reduced side yard setback of 0.17 metres
will not impact fire emergency access. Staff is of the opinion that the variances will facilitate the provision
of an additional dwelling unit while not presenting any significant impacts to adjacent properties or the
overall neighbourhood.
Page 23 of 258
Is the Variance Appropriate?
Planning staff is of the opinion that the proposed variances are desirable and appropriate as they
will facilitate a form of gentle intensification of the subject property with the development of an
additional dwelling within the existing detached garage that is compatible with the neighbourhood and
will make use of existing infrastructure.
City Planning staff conducted a site inspection of the property on February 31d, 2022
Street view of 86 Chestnut St
Building Comments: The Building Division has no objections to the proposed variance provided
building permit for the change of use of the detached garage into an ADU is obtained prior to
construction. Please contact the Building Division at building@kitchener.ca with any questions.
Transportation Comments: Transportation Services can support parking spaces #1, #2, and #3 on
the proposed plan, but cannot support parking spaces #4 and #5 as they encroach within the City
right-of-way. Given that the proposal only requires two (2) legal parking spaces, there are no
concerns.
Heritage Comments: Heritage Planning staff has no concerns with the minor variance application.
The Kitchener Cultural Heritage Landscape Study (CHLS), dated December 2014 and prepared by
The Landplan Collaborative Ltd., was approved by Council in 2015. The CHLS serves to establish
an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation
process. The property municipally addressed as 86 Chestnut Street is located within the `Central
Frederick Neighbourhood CHL'. The owner and the public will be consulted as the City considers
listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing
action plans for each CHL with specific conservation options.
Engineering Comments: Engineering has no comment.
Page 24 of 258
Operations Comments: No comments.
Environmental Planning Comments: No natural heritage.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Page 25 of 258
Staffeeport
I
KT-Ci iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 4, 2022
REPORT NO.: DSD -2022-042
SUBJECT: Minor Variance Application A2022-005
86 Chestnut St
Owner — Thomas Mirmotahari and Afshin Mirmotahari
RECOMMENDATION:
That minor variance application A2022-005 requesting relief from Section 5.22 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 12.19 metres rather than the required 13.1 metres;
and, to legalize a northly side yard setback of 1.03 metres rather than the required 1.2 metres.
1) That the Owner applies for a Site Plan Application with Planning Division; and
2) That the Owner applies for a Building Permit with the Building Division
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 26 of 258
Location Map: 86 Chestnut St.
BACKGROUND:
The property is designated as Low Conservation A in the City's Central Frederick Neighbourhood
Plan and identified as Community Areas in the Urban Structure Map.
The property is zoned Residential Five with provision 129U (R-5, 129U) in the By-law 85-1. The
applicant is converting the existing detached garage into an Additional Dwelling Unit on a single
detached dwelling.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Conservation A in the City's Central Frederick Neighbourhood
Plan. This designation places emphasis on compatibility of building form with respect to massing,
scale and design in order to support the successful integration of different housing types. It also
places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The
City will identify and encourage residential intensification and/or redevelopment, including adaptive
re -use and infill opportunities, including additional dwelling units, attached and detached, in order to
respond to changing housing needs and as a cost-effective means to reduce infrastructure and
servicing costs by minimizing land consumption and making better use of existing community
infrastructure. The proposed variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The requested variances to convert the existing garage into an Additional Dwelling Unit on a lot width
of 12.19 metres and side yard of 1.02 metres meets the general intent of the Zoning By-law. The
intent of the regulations is to ensure sufficient amenity space, fire emergency access, and parking.
The subject property has a lot area of 464 square metres which is 69 square metres greater than
the minimum required 395 square metres. The additional area can provide sufficient amenity space.
The reduced side yard setback will not impact the emergency fire access. The 1.1 metre walkway
can be provided along the South (right) side of the property to allow fire emergency access.
The existing detached garage is 20.37 metres setback from the front property line. The conversion
of the detached garage to a living space will not impact the first required parking space and the
driveway will have sufficient parking on the property for both parking spaces in tandem.
It is of staff's opinion that it meets the general intent of the Zoning By-law
Is the Variance Minor?
The requested Additional Dwelling Unit on a lot width of 12.19 metres is considered minor as the
structure is already existing and will not be increasing floor area through renovations. The minimum lot
width is 13.1 metres, and the requested difference is only 0.91 metres plus the lot area exceeds the
minimum requirement. The reduced side yard setback of the main dwelling of 1.03 metres is considered
minor as the house is already existing and will not conduct any renovations or impact fire emergency
Page 27 of 258
access. Staff is of the opinion the variance will not present any significant impacts to adjacent properties
or the overall neighbourhood.
Is the Variance Appropriate?
The proposed variance is appropriate for the development and use of the land as the proposed
residential use is a permitted use in the Zoning By-law. The requested variance is not anticipated to
impact any of the adjacent properties or the surrounding neighbourhood.
City Planning staff conducted a site inspection of the property on January 4th, 2022
Street view of 86 Chestnut St
Building Comments: The Building Division has no objections to the proposed variance provided
building permit for the change of use of the detached garage into an ADU is obtained prior to
construction. Please contact the Building Division at building@kitchener.ca with any questions.
Transportation Comments: Transportation Services can support parking spaces 41, 42, and 43 on
the proposed plan, but cannot support parking spaces 44 and 45 as they encroach within the City
right-of-way. Given that the proposal only requires two (2) legal parking spaces, there are no
concerns.
Heritage Comments: Heritage Planning staff has no concerns with the minor variance application.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by
The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish
an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation
Page 28 of 258
process. The property municipally addressed as 86 Chestnut Street is located within the Central
Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers
listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and
preparing action plans for each CHL with specific conservation options.
Engineering Comments: Engineering has no comment.
Operations Comments: No comments.
Environmental Planning Comments: No natural heritage
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Page 29 of 258
January 05, 2022
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41 PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 — 85 Green Valley Drive — No Concerns.
2) A 2022-002 — 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place —No concerns.
3) A 2022 - 003 — 53 Margaret Avenue — No Concerns.
4) A 2022 - 004 — 470 Blair Creek Drive — No Concerns.
5) A 2022 - 005 — 86 Chestnut Street — No Concerns.
6) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
7) A 2022 - 007 — 110 Manitou Drive — No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
Document Number: 3913450
Page 1 of 2
Page 30 of 258
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.
8) A 2022 - 008 — 210 Waterloo Street —No Concerns to the minor variance.
9) A 2022 - 009 — 764 Stirling Avenue South — No Concerns.
10) A 2022 - 010 — 129 Max Becker Drive — No Concerns.
11)A 2022 - 011 — 43 Maurice Street — 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
2
Page 31 of 258
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January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting — January 18, 2022
Applications for Minor Variance
A 2022-001
85 Green Valley Drive
A 2022-002
79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003
53 Margaret Avenue
A 2022-004
470 Blair Creek Drive
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-008
210 Waterloo Street
A 2022-010
129 Max Becker Drive
A 2022-011
43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
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 iconroygrandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
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 1 of 1
the Grand River Conservation Authority.
Page 32 of 258
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Sarah Goldrup
From:
Sent: Tuesday, January 18, 2022 1:35 AM
To: Committee of Adjustment (SM)
Subject: [EXTERNAL] Application No A2022-005 - written submission by neighbour
Attachments: dscn0985_highlighted.jpg
To the committee:
Below is my written submission for the Committee of Adjustment in consideration of "Minor Variance Application
A2022-005, 86 Chestnut St, Owner Thomas Mirmotahari and Afshin Mirmotahari"
The dwelling at 86 Chestnut St. was effectively configured with a lower level apartment (or used as such) by the previous
owner for family member (non -driver). The house is still essentially used the same way with the lower level is rented out
currently (to a vehicle owner).
Although under the right circumstances I believe a "Tiny Home" can be a net benefit to the community, I'm not sure this
application meets the intent of the official plan, specifically in the plan's "emphasis on the relationship of housing to
adjacent buildings, streets and exterior areas". I'm not sure what scenarios were considered when the City embarked on
the "Tiny Homes" initiative, but this application does not represent a case of a long-term resident in a significantly -sized
house on a large lot wanting to add or convert a building to a "tiny house". Instead, it is a moderately-sized house on a
smallish lot with an excessively large garage, given the lot size. There are indications the property will soon end up as at
least three rental units with an absentee landlord. i.e., a significant "anchor" residence to motivate long-term residence
simply does not exist. Although this multiple -rental scenario may be in keeping with intensification objectives, it seems it
is unlikely to have been an intent of the "Tiny Homes" initiative.
Is the Variance Minor?
Perhaps each factor taken by itself might be "minor". The staff response to this application identifies the property width
as the key non-conformance.
Some of the existing issues are identified in the staff report, but some are overlooked:
North -side setback is 1.1 m instead of 1.2 m (Non-compliance identified by staff);
Garage setback is 0.77 m instead of 1.2 m from South property line (Non-compliance not identified by staff)
Parking space #5 (and #4) cannot be supported by Transportation Services because "they encroach within the
City's right-of-way."
o Although Transportation services has "no concerns" overall because, presumably, spaces #1, #2 and #3
more than meet the requirement, the entire plan does not work without space #5.
o However, as stated above, the current arrangement reflects two dwelling units and this plan is for a
third, detached one. That requires all three parking spaces, presumably.
o Parking space #5 was added when the front lawn was paved. The attached photo shows "Parking space
#5" as still green in Sept 2005. The parking space was created sometime after 2010, 1 believe.
• The large Norway maple in the boulevard is particularly stressed, partially because it's surrounded on three sides
by impervious surfaces. The sugar maple planted by the City in 2005 on the front lawn is showing considerable
signs of stress. The removal of the green space on the opposite side of the front walk (for parking space #5) has
likely contributed to this tree's decline as well.
If intensification necessarily comes with paving green spaces to accommodate more parking, I think we've missed the
Official Plan's intent with respect to the "relationship of housing ... with exterior areas". Just because the paving of
green space (for parking space #5) has already occurred (by the previous owner, likely without approval), doesn't mean
Page 33 of 258
it's acceptable.
The particular property width non-conformance is determined as "minor" by the staff report. However, taken together
with the existing non-conformance items, "parking space #5" issues - including the reduction in green space and addition
of non -permeable surfaces - have an overall impact that is, in my assessment, not minor. For these reasons I regret
that I cannot support the application in its current form.
Sincerely,
Page 34 of 258
TO: The Committee of Adjustments
RE: Written Submission — Application A2022-005 — 86 Chestnut Street
FROM:
My husband, and I moved into our home at in June
1992. We had rented at a triplex on Irwin Street and knew we wanted to live in the
neighbourhood.
For reasons set out below we are opposed to this particular application.
Vibrancy of Downtown Neighbourhoods
The City has done a lot to support our downtown neighbourhoods and foster vibrant
neighbourhood associations and community. It has really paid off. While I agree with
the idea of intensification in the core and the concept of accessory dwelling units, as a
new initiative it must be managed well with a view to minimizing unintended
consequences. These units cannot prejudice the enjoyment of homeowners or the
community feeling that has been developed and nurtured over the last few decades.
Our experience has been when properties are bought for investment purposes and
owners become absentee landlords that it has a detrimental effect on the community
and in particular the adjacent landowners.
This structure is a garage situated right along the property of the adjacent owner. It will
undoubtedly impinge on their enjoyment of their property. By-laws are in place to
ensure that sight lines between buildings allow for a certain amount of privacy. If this
variance is allowed it would set a dangerous precedent for others to follow.
Property Values
For most Canadians the investment in their homes allows them to create wealth and for
many it is the only source of retirement income as they age. Having a rental property so
close to one's residence will significantly lower the value of that home after years of
investing, maintaining, and bettering the property.
This is not going to be a granny flat where the structure is tucked back into the area
behind the principal residence with its owner renting out the unit. This garage is closer
to the adjacent property owner than it is to the main dwelling. The concern is that if this
new by law is not strictly adhered to and properly administered, outside investors will
purchase these homes and look to create multiple units which is not consistent with the
Page 36 of 258
spirit and intention of the by law. The homes on Chestnut Street and throughout much
of the downtown core have very narrow lots and shared driveways. This would create a
significant amount of daily disruption and adversely impact the homeowners and the
street. Granting the variance in my view would set a dangerous precedent and have
significant unintended consequences to the value of properties in the area and
adversely affect the vibrancy of these older communities.
For these reasons I request that the committee reject the application for a variance.
Sincerely,
January 17, 2022
Page 37 of 258
Sarah Goldrup
From:
Sent: Tuesday, January 18, 2022 8:06 AM
To: Committee of Adjustment (SM)
Subject: [EXTERNAL] Fwd: 86 Chestnut ST - A-2022-055
To The City of Kitchener Committee of Adjustments,
We are the next-door neighbor to the applicant at 86 Chestnut St ( application number - A 2022 005)
I am writing to respectfully ask the Committee to not grant the minor variance requested to add an Accessory
Dwelling Unit - which does not comply with the newly implemented bylaw.
We have always supported any initiative to find solutions to the current housing problem and find ways to
create affordable housing. In fact, I have been a provider of affordable housing. I was acutely aware of the
problems my tenants faced then, and I am sensitive to the even larger problems today.
I can assume that the bylaw has been carefully created with input from Engineers and Planners. The bylaw
has put parameters in place to ensure these projects will come to life in the spirit they are designed for.
The Staff report indicates that there will be no impact on neighboring properties. This is NOT the case for
us. We enjoy a great relationship with the applicant and he has been responsible in the manner he rents
space in the house currently, but we are now facing an additional rental dwelling. Our driveways are attached
and both narrow. The proposed ADU is essentially at the end of our driveway and will only be 18 inches from
our primary backyard patio.
We will now be faced with the prospect of a multi -unit property that is either attached to our property line or just
18 inches away for 70 + feet of our property. Although this has always been the case it will now be used in an
entirely different fashion. These properties are narrow. We have always had encroachment issues ( vehicle
damage etc) but these were manageable as we had only to navigate them with 1 neighbor in a single-family
setting.
We have many concerns regarding our shared driveway. Parking of more cars, the traffic of more people and
visitors, encroachment of property, and overall privacy issues.
Speaking to privacy, the garage being so close to the property has historically acted as a barrier between our
houses providing some privacy between the lots. This will now have the exact opposite effect. We have no
control over how the tenants will treat the limited frontage of their space and our only path to enter our
backyard. There are 2 windows in the garage facing directly into our yard.
Page 38 of 258
We have had past experience of this space being used as a living space, albeit for only a couple of years and
we knew it was temporary. The point here is that we are looking at this from a place of experience. During this
time it was very challenging. We had noise, garbage, and privacy issues consistently.
If this variance is approved we will permanently have to deal with how this closely attached property will be
handled. New owners. Turnover of tenants. This easily just becomes an income property with little or no
regard for neighbors or the neighborhood.
As most houses on the street have narrow driveways or common/split driveways, the street parking becomes
important to the residents who need to use this for short-term juggling of vehicles and for visitors. There are
issues regarding this already, as other rental units on the street already add to the volume of cars utilizing this.
More rental space will only add to this problem.
To summarize. We feel that given the program for Tiny Homes or ACUs is really quite new, It is premature to
start disregarding the bylaw rules without much history of how these projects are succeeding or failing.
I hope that given these, and other objections from neighboring properties coupled with the youth of this
initiative, the Committee will adhere to the minimum requirements that the city has laid out.
I appreciate your time and consideration of this request.
Regards
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Page 40 of 258
January 17, 2022
To The Committee of Adjustments,
As an Architect, I am in full support of Accessory Dwelling Units (ADUs) being implemented in
the City of Kitchener — in the right context. I am confident that much research and precedent study
went into the development of all aspects of the bylaw that governs ADUs in our city. I would
respectfully ask that the City of Kitchener follow the zoning bylaw that they have set out, and deny the
minor variance application put forth by Thomas and Afshin Mirmotahari (Application No. A 2022-005),
which asks for relief from the newly implemented bylaw, to allow an Accessory Dwelling Unit on a lot
that does not conform to the width or setback requirements set out in the bylaw.
Under the existing bylaw requirements, approximately 25,000 accessory dwellings could be
constructed in Kitchener. By approving this application, it would set a precedent for a completely
different understanding of the ADU bylaw, opening up this new dwelling type to lot sizes and
neighbourhoods for which it was never intended. The bylaw was introduced in 2020, and is only in its
infancy in its implementation in our community. The first ADUs in our City have not even been in use for
a year. Once the bylaw has been in place long enough to see the effects on neighbourhoods and the
housing supply, perhaps the City of Kitchener will see fit to update the bylaw to include other property
types, different widths, and lesser setbacks.
Contrary to the staff report which states that this application should have no effect on
neighbouring properties, if approved, this application would have a very real impact on neighbours and
our street parking. It would also have a very real impact on the future of our neighbourhood through
setting a precedent for more ADUs on very narrow lots, impacting privacy, daylight in backyards, and
parking constraints in a neighbourhood that already struggles to provide adequate parking to residents.
Many in the Central Frederick Neighbourhood have unique property situations due to the age and
density of the neighbourhood. Already there are issues between neighbours regarding Rights of Way,
'grandfathered' setbacks, and shared driveways. Our family has a single parking space, a shared
driveway, plus two shared Right -of -Ways on our property. We rely on short term street parking for
friends and family to visit, and even now it is difficult to find parking on our street, as renters are using
street parking as a long term solution to avoid the car shuffle associated with parking in tandem. The
proposed application — with three legal parking spaces in tandem — will only serve to exacerbate this
issue.
Unfortunately, the zoning amendment process often results in stressful and acrimonious
relationships between neighbours, as income property owners try to maximize revenue by
implementing additional dwelling types on lots that they were not designed for. The onus should not be
on neighbours to have to fight for their right to privacy, daylight and adequate parking. The onus should
be on the City of Kitchener to enforce their own bylaw, and the parameters for Accessory Dwelling Units
that they have set for the entire community. This is a new housing type for our City, and as such, I
believe it is critical for the City of Kitchener to follow the bylaw that they have developed with care and
consideration, to ensure that ADUs continue to gain the support when implemented in the proper
context. Pitting neighbours against neighbours - or neighbours against income property owners - in
close knit neighbourhood communities, could lead to the Accessory Dwelling Unit building type gaining a
Page 41 of 258
negative reputation in Kitchener, when they should be seen as an exciting new housing type that is
being successfully implemented in our City.
Despite the site plan indicating two units, the applicant has professed a long term intention to have
this property as a three -unit rental property, including an AirBnB rental. An AirBnB rental does not
address the city's housing shortage or low income housing needs. Additionally, the site plan in the Staff
Report is misleading, as it ignores the second floor on top of the porch, drastically reducing the
contribution of the existing house to the lot coverage calculation. I find the lack of transparency about
the proposal concerning. At the very minimum, if the application is approved, it should include
additional lot specific restrictions to amend the current ADU zoning bylaw, with the goal of preserving
the privacy and daylighting of narrow neighbouring lots. Once approved, there is nothing in the
application that protects the immediate neighbour's privacy and daylighting. If the City wishes to ignore
their own bylaw requirements and approve the application, at the very least the following additional
restrictions should be included as part of the approval:
1. Height of the ADU should be explicitly restricted to that of the existing garage (ie. applicant
should NOT be able to build to the height of ADUs currently allowed under the bylaw). This
would protect daylighting of the neighbouring lot, where there is currently a pool and garden.
2. Any window openings should be restricted to building faces that respect the 1.2m side yard
setback required for the original zoning of the lot (ie. no new openings should be allowed to face
the Southern property line where the setback is only .77m). This would help preserve the
privacy of the neighbouring lot, where there is currently a pool and other backyard amenities.
3. Limit any further future densification of the lot in question, as there is a lack of clarity on the
existing and proposed density and lot coverage.
Thank you very much for your consideration of these issues in making your decision.
Kind Regards,
Page 42 of 258
From:
To: Committee of Adiustment (SM)
Subject: [EXTERNAL] In regards to 86 Chestnut Street
Date: Sunday, January 16, 2022 8:08:27 PM
To whom it may concern
I believe although the city has good intentions with adding additional small homes on "in city" properties there are
issues for the neighbouring homes beside such a property.
Our downtown properties are very narrow and allowing for variances because the property may be just a little too
close to someone else's is a very slippery slope. It may be great for the home owner who wants to build a small
home/ unit on his/ her property but will open a slew of issues to other single family homes that are adjacent.
I live in one of these downtown historical homes and have a shared driveway such as this property 86 Chestnut has.
Parking for one I see as a huge issue. And this particular property on Chestnut does not have the space I believe to
manoeuvre 3 units and their vehicles. Parking will be a huge issue. Privacy to adjacent homes will no doubt be a
issue. Then also the noise issues, where will this potential unit provide an area that will not affect others if
entertaining outside?
Lastly, having lived in the downtown core where we have incredible neighbourhoods built by many families,
property standards and community may be negatively affected. More people will be burying these character homes
dividing them tip into two and three units and we will have absentee landlords, tin kept homes and our property
values will decrease.
Therefore I vote no to opening tip variances to facilitate home owners to allow for small unit homes when the
property involved is obviously not large enough to accommodate.
Sincerely,
OL
Sent from my Whone
Page 43 of 258
Sarah Goldrup
From:
Sent: Monday, January 17, 2022 10:24 PM
To: Committee of Adjustment (SM)
Subject: [EXTERNAL] Application A2022-005 - 86 Chestnut St
To whom it may concern,
We are writing this letter to formally object to the Application for Minor Variance A 2022-005 - 86 Chestnut St on the
following grounds:
Garage is too close to southern property line
Consider the following statement from es-and-
tiny-houses.aspx#On-the-property: "while the zoning allows exterior walls to be located as close to 0.6 metres (2 feet)
from property lines, the Ontario Building Code requires any wall located closer than 1.2 metres (4 feet) from a property
line to have a 45 -minute fire resistance rating and no windows are allowed on that wall."
The existing garage that is being converted is very close to the southern property line between 86 and 90 Chestnut St. -
without a survey, we estimate approximately 18". Does the zoning allow for this? Has an application for minor variance
been made to legalize this location?
Impact on adjacent neighbours
There is no separation between the driveways of 86 and 90 Chestnut St. The increased traffic that will result will directly
affect the adjacent neighbours at 90 Chestnut. In the staff report DSD -2022-042, the statement is made that "Staff is of
the opinion the variance will not present any significant impacts to adjacent properties or the overall
neighbourhood". The impact is insignificant if there are only two dwellings and two accompanying vehicles. However,
in the event that there are 3 units (e.g. owner decides to convert main house to duplex, resulting in 2 units in main
house and 1 unit in garage) or more than 2 vehicles, this statement becomes far more questionable.
We acknowledge that, unfortunately, it would be difficult to evaluate the impact on the occupants of the adjacent
property at 90 Chestnut St. before the proposed changes are made to the property at 86 Chestnut St. We anticipate that
there would be some impact, and we ask that the Committee of Adjustment consider this potential future impact on the
adjacent neighbours in their decision.
Best regards,
E
Page 44 of 258
ATTN: The Committee Of Adjustment
Regarding: Written Submission - Application A2022-005 — 86 Chestnut
I would like to advise the committee that I am in support of the current bylaw as it exists
and I agree that intensification is needed in downtown core area. However, rental
property owners need to ensure they meet all By-law requirements to ensure that our
neighborhoods remain vibrant and enjoyable spaces.
I am opposed to this application seeking relief from section 5.22 to convert an existing
garage to an accessary dwelling. I do no need to remind the committee that the burden
is on the applicant to establish that the variance will not negatively impact the adjacent
property owners or the neighborhood.
Background of property and neighborhood:
86 Chestnut Street sits on a narrow lot with a mutual drive and a right of way. Many of
the houses in this area are similar in nature (narrow, with mutual drives and right of
ways). The garage in question is very close to the existing lot line and is set back so
that it is right beside my neighbor's hot tub. Parking is limited on the driveway and
vehicles must park in a row (problematic if you have three separate units). Street
parking in the area is at a premium often requiring regular enforcement to ensure
compliance with the city's parking bylaws.
The neighborhood has several compliant legal duplexes and multi -family units. In fact,
there are 6 on Chestnut street that I am aware of and I can see 3 just from my front
porch.
Reasons for opposition:
Legal — The currant by-law allowing "accessary dwellings" is new and as such
the impacts on other property owners and neighborhoods is not yet known. The
"minimum" requirements are there for good reasons and should not be varied
lightly and not without very good reasons. A variance under these factual
circumstances would set a precedent that would have negative consequences for
not only my neighborhood but all older neighborhoods in the downtown core.
2. Intent of the Bylaw — the current By-law's purpose is to allow existing property
owners the flexibility to have accessory dwellings. It was not intended to
circumvent the legal duplex or multi -unit rules (ie bylaws, fire code, building code
etc.) Since the currant owner purchased 86 Chestnut Street, less than a year
ago, there has been an airbnb established in the basement and now the owner
seeks to vary the bylaw so he can convert the garage into an additional rental
Page 45 of 258
unit. If the variance is granted there would be nothing precluding the owner from
moving out and having three rental units or building a second story on the garage
without seeking any further variances or permits. This is very troubling and would
have negative impact on the adjacent neighbors as well as myself
3. Investment vs Speculation/Exploitation — What we need is more units that have
invested and present property owners. The current bylaw that allows these types
of additional dwellings envision a property owner that is committed to living in the
main dwelling while renting out the said accessary dwelling. It was not intended
to allow investment property owners to purchase single family dwellings, seek
variances under this Bylaw to convert them into multi -unit rental properties.
In closing, I respectfully ask the committee, to reject the application for the reasons
stated and establish the right kind of precedent.
Respectfully,
Page 46 of 258
January 16, 2022
Committee of Adjustment
City of Kitchener
committeeofadjustment@kitchener.ca
Application A2O22-005 — 86 Chestnut Street
We are writing to you regarding the above noted application submitted by
Thomas Mirmotahari. We are aware of the scope of the project and would
like to express our full support.
There are currently five homes in our block with multiple rental units that do
not have a homeowner living onsite. This is Thomas' home. This is where he
lives and he takes pride in that. We are confident that he will ensure his
rental unit does not have a negative impact on his home, his street or his
neighbours.
As 2nd generation in our home, there have been many changes over the 75+
years our family has lived here. We believe that Thomas' proposal is a
positive change and is in keeping with the City of Kitchener's vision to allow
these types of dwellings to provide additional housing. As such, he should be
granted permission to proceed as he has proposed.
ONE=
Page 47 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: February 1, 2022
REPORT NO.: DSD -2022-077
SUBJECT: Minor Variance Application A2022-006
49 Lower Mercer St
Owner —April Patricia Manahan
RECOMMENDATION:
That minor variance application A2022-006 requesting relief from Section 6.1.1.1 b) i) of
Zoning By-law 85-1 to allow the required off-street parking for a semi-detached duplex to be
located a minimum distance of 0 metres from the street line rather than the required 6 metres
and requesting the relief from Section 38.2.2 of Zoning By-law 85-1 to allow a second
pedestrian entrance for the semi-detached duplex dwelling on the street line fagade, be
approved.
Location Map: 49 Lower Mercer St
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 48 of 258
BACKGROUND:
The property is designated as `Community Areas' on Map 2 — Urban Structure and `Low Rise
Residential' on Map 3 — Land Use in the City's Official Plan.
The property is zoned `Residential Four Zone (R-4)' with Special Regulation Provision 327R in
Zoning By-law 85-1. The applicant is creating an additional dwelling unit in their half of the existing
semi-detached dwelling.
Minor Variance A2022-006 was deferred from January's Committee of Adjustment Agenda for the
following reasons:
1. Concerns with the driveway width;
2. Insufficient public notice; and
3. The need for additional minor variance — Section 38.2.2
1. Driveway
The current legal parking space, for the semi-detached dwelling unit, is the parking space in the
garage. The applicant is proposing to widen the driveway to accommodate 2 parking spaces for the
existing dwelling and the additional dwelling unit. Neither of these spaces in the driveway will be
located a minimum distance of 6 metres from the street line necessitating the need for the minor
variance. The proposed driveway width of 5.2 metres meets the Zoning By-law. Accordingly, no
additional minor variances are required.
2. Lawn Sign
Staff conducted a visit to the property on January 28th and found that the lawn sign to be visible to
the public. A photo taken on site visit is shown on the next page.
3. Additional Variance
The additional minor variance that is being requested is relief from Section 38.2.2 of the Zoning By-
law to allow a second pedestrian entrance for the semi-detached duplex house to be located on the
street line fagade. This additional variance was advertised, and a lawn sign notice was provided.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' in the City's Official Plan.
Policy 4.C.1.6. states that "The City will identify and encourage residential intensification and/or
redevelopment, including adaptive re -use and infill opportunities, including additional dwelling units,
attached and detached, in order to respond to changing housing needs and as a cost-effective
means to reduce infrastructure and servicing costs by minimizing land consumption and making
better use of existing community infrastructure."
Policy 15.D.3.4. states that "All new residential buildings, additions and/or modifications to existing
residential buildings and conversions in predominantly low density neighbourhoods should be
Page 49 of 258
compatible with and respect the massing, scale, design and physical character of the established
neighbourhood and have both appropriate landscaped areas and parking areas provided on site."
The proposed variance to facilitate an additional dwelling unit meets the general intent of the Official
Plan.
General Intent of the Zoning By-law
The intent of the zoning regulation requiring the legal parking space to be located a minimum
distance of 6.0 metres from the street line is to ensure a vehicle can be safely parked on the driveway
without affecting the City right-of-way and surrounding properties. The setback of the parking space
also allows more clear lines of visibility exiting the parking space. One (1) parking space currently
exists in the driveway without any issues. Staff are of the opinion that the requested variance to allow
the required off-street parking space to be located a minimum distance of 0 metres from the street
lot line meets the general intent of the Zoning By-law.
The intent of having one pedestrian entrance is to maintain the aesthetic of the front fagade. The
applicant proposes to add a second pedestrian entrance in a new garage door within the existing
garage door opening as shown in the photo below. Staff are of the opinion that as the second
pedestrian door will be located within the existing garage door opening and will not create a new
entrance on an existing wall of the semi-detached dwelling, the intent of the zoning by-law will be
maintained.
Is the Variance Minor?
The requested variances are considered minor as the required off-street parking space can be
accommodated within the existing driveway in a safe manner and the additional pedestrian entrance in
the street line fagade will not involve any major changes to the overall aesthetic of the dwelling.
Is the Variance Appropriate
Planning staff is of the opinion that the proposed variances are desirable and appropriate as they
will facilitate a form of gentle intensification of the subject property, with the development of an
additional dwelling within the existing dwelling, that is compatible with the neighbourhood and will
make use of existing infrastructure.
City Planning staff conducted a site inspection of the property on January 28th, 2022
Page 50 of 258
Street view of 49 Lower Mercer St
Building Comments: The Building Division has no objections to the proposed variances. A building
permit application has been submitted to develop the additional dwelling unit and is currently under
review.
Transportation Comments: Transportation Services can support a zero -meter parking setback
from the required 6.0 -meter parking setback, as noted within the application.
Heritage Comments: No heritage planning concerns.
Engineering Comments: Engineering has no comment.
Operations Comments: No comments.
Environmental Planning Comments: No natural heritage.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
Page 51 of 258
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Page 52 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: January 5, 2022
REPORT NO.: DSD -2022-043
SUBJECT: Minor Variance Application A2022-006
49 Lower Mercer St
Owner —April Patricia Manahan
RECOMMENDATION:
That minor variance application A2022-006 requesting relief from Section 6.1.1.1 b) i) of the
Zoning By-law 85-1 to allow the first required off-street parking for a semi-detached duplex
to be located at 0 metres rather than the required 6 metres.
1) That the Owner applies for a Building Permit with the Building Division
2) That the Owner applies for a Driveway Permit with the Planning Division
Location Map: 49 Lower Mercer St
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 53 of 258
BACKGROUND:
The property is designated as Low Rise Residential in the City's Official Plan and identified as
Community Areas in the Urban Structure Map.
The property is zoned Residential Four with Provision 327R (R-4, 327R) in the By-law 85-1. The
applicant is creating a duplex dwelling unit in the semi-detached dwelling.
Following the publishing of the Notice of Hearing, it was determined that the structure was incorrectly
recorded as a single detached dwelling where the building is a semi-detached. Staff have reviewed
the matter and found the Notice to be adequate.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential in the City's Official Plan. This designation
places emphasis on compatibility of building form with respect to massing, scale and design in order
to support the successful integration of different housing types. It also places emphasis on the
relationship of housing to adjacent buildings, streets and exterior areas. The City will identify and
encourage residential intensification and/or redevelopment, including adaptive re -use and infill
opportunities, including additional dwelling units, attached and detached, in order to respond to
changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs
by minimizing land consumption and making better use of existing community infrastructure.
The proposed variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The requested variance to legalize the off-street parking space 0 metres from the street lot line meets
the general intent of the Zoning By-law. The intent of the regulation of the 6.0 metre required setback
is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way
and surrounding properties. The current dimension of the driveway (6.5m x 3.8m) meets the
minimum parking standard for one vehicle. The Owner will widen the driveway to accommodate a
second parking space.
Is the Variance Minor?
The requested variance for parking is considered minor as it is the opinion of staff that the required
parking space can be accommodated within the existing driveway in a safe manner. The requested
setback will not present any significant impacts to adjacent properties or the overall neighbourhood.
Is the Variance Appropriate?
The proposed variance is appropriate for the development and use of the land as the proposed
residential use is a permitted use in the Zoning By-law. The requested variance is not anticipated to
impact any of the adjacent properties or the surrounding neighbourhood.
City Planning staff conducted a site inspection of the property on January 4th, 2022
Page 54 of 258
Street view of 49 Lower Mercer St
Building Comments: The Building Division has no objections to the proposed variance. Application
has been made to for the change of use to a duplex is currently under review.
Transportation Comments: Transportation Services does not have any concerns with the proposed
application.
Heritage Comments: No heritage planning concerns.
Engineering Comments: Engineering has no comment.
Operations Comments: No comments.
Environmental Planning Comments: No natural heritage.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Page 55 of 258
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Page 56 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 57 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 58 of 258
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tionw,
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 59 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 60 of 258
Page 1 of 6
For consideration regarding Application A 2022-006 to be addressed at the Committee of Adjustment
meeting scheduled for Tuesday, January 18, 2022,
Initial Discussion
A 2022-006-49 Lower Mercer Street is asking, "Permission to convert an existing single family dwelling
into a duplex having the 2 required off-street parking located Om from the front line rather than the
required setback of 6m".
49 Lower Mercer Street is not a single detached dwelling, it is a semi-detached dwelling. Members of
the community pointed out this inaccuracy in the posting of this Minor Variance Application, found both
in the Waterloo Record and in the hard -copy sent to residents proximal to the requesting property.
While we acknowledge that, "Following the publication of the Notice of Hearing, it was determined that
the structure was incorrectly recorded as a single detached dwelling where the building is semi-
detached.", we do not agree with the statement that, "Staff have reviewed the matter and found the
Notice to be adequate."
Many of the residents of Lower Mercer Street were confused by the notice and did not think it applied
to this area, as single family dwellings do not exist on Lower Mercer. This confusion directly led to many
residents disregarding the initial notice. Most, if not the majority of residents, only became aware of any
concerns after proximal residents received the written notice in early 2022, which retained the incorrect
information. As a result, there was very limited time, approximately 10 days, in which to search for the
most currently amended and up-to-date version of the Zoning By-laws, make a determination of the R-4
zoning status of the street, find and understand the listed definitions of dwellings, have discussions in
the community and determine the potential for impact this application could have on the residents,
both proximal and distal to the applicant's property; and then, finally, to register to participate in the
Committee of Adjustment meeting scheduled for January 18, 2022. While city staff may be very well
versed with the descriptive language used in this application for variance, generally speaking, the
average citizen is not. The original notification with the incorrectly recorded type of dwelling listed, led
to and exacerbated confusion surrounding this notification of application. No attempt was made by city
staff to send out a corrected notification, which, in itself, would have heightened interest in and
attention by, the community.
Also, according to the Committee of Adjustment process, under Notice and Circulation, it is required
that, "applicants will also need to post signs on the subject property'. By this statement there is an
assumption that such signage would encourage members of the community the opportunity to inquire
to the applicant, exactly what is being requested in the variance application. No such signage was ever
posted by the applicant. Several community residents walk by this property several times a day, walking
dogs, getting exercise, etc. None of the residents signing this request to deny the variance ever saw a
sign posted on the property and therefore did not have the opportunity to inquire regarding the
application and its intended outcome.
Further to the inaccuracy in the notice of application, the notice itself was rather vague and
uninformative to the average citizen. There was no plan attached or physical drawing which could have
assisted in understanding exactly what the resident at 49 Lower Mercer intends by applying for the
variance. In fact, of all the applications posted on Schedule A of the Committee of Adjustment Agenda,
January 17, 2022
Page 61 of 258
Page 2 of 6
A 2022-006 was the shortest and least informative. The Committee for Adjustment application form
clearly requires, under section 4.PLANS, that:
1. Boundaries and accurate dimensions of the subject land and all measurements must be shown
in metric and to scale.
Z. Size, location and type ofexisting and proposed buildings, structures oradditions onthe subject
land, measured from the front, rear and side lot lines.
3. Location, width and name of any roads within or abutting the subject land, including all
driveways and parking spaces.
4. Identify any natural features on the subject land (trees, streams, etc.)
Again, without adequate information accompanying the application it is unreasonable to assume that
there would be accurate understanding of the variance request and associated implications by residents
in the community.
Aspects of the Zoning By-law Inconsistent with newly adopted Policy of Residential Intensification
The following definitions have been drawn from the most up'to'dateCity ofKitchener By -Laws (as
available tocitizens on-line via the City ofKitchener website.
—/neonsthe use gfobuilding divided vertically into two units (a.s
the principal use of the building) byocommon wall which prevents internal access between dwelling units and
extendsfrom the base of thefoundation to the rooffine, Each serni-detached dwelling unit shall be designed to be
located onoseparate lot,
Dwelling, Sin gle Detached— means the use of a building containing one dwelling unit as the principal use of the
building,
SIC -1 -ION 4---Definition-s.
Page of 14
"Duplex Dwelling" means o building containing two dwelling units, but not including msemmi-
detached dwelling. (By-low94-1,I,5/o}/
"Dwelling Un/t" shall /neon o nzo/n or suite of habitable nzo/ns w/h/ch�
0l is located it) obuilding;
(i0 is occupied or designed to be occupied by a household as a single, independent and separate
housekeeping establishment; A9y-6zw/91-196;
ON contains both a kitchen and a bathroom used or designed to be usedfor the exclusive common
use ofoccupants thereof; and, A9y-6zw/9.2`58,I3/(A/nende&By-low .2O18-1.2 �;I':3)
fill) has a private entrance leading directlyfrom outside the building orfrom the common hallway or
sto/rwoyhns/de the building,
PAGE I I OF 14
"Serni Detached Dwelling" means a building dhlided verticafly into two serni-detached houses by a common wall
January 17, 2022
Page 62 of 258
Page 3 of 6
distance off: not less than :5 percent off: the horizontaldepth off: the building Each .p erni. ,'JE C7 ION 4 ;age 1.2 of 14 ity
off: Kitchenerr'on ing By-law 85-1 Office ca'onsolidatiow April .26, .20.21 deem hed house shall be designed to be located
on a separate Not having individual vehicular ccc ss to an1frontagp on a street or lane, (1.3y - low 94_18..3, 5
.1,c.
(Arn enc1e& By -low .201.2-0:34,,5,9) (Arn ens1e& OMB Order PL1400,!3g7, By -low .2013-149 (Arn �����s1�� d) ,'�.5)
p p
"",�J�'i'rni-�.,��''t;fi.�'d'w�"��'id House" means t;�"�fi. t part tl. f a,°.!n�'i'rni-`fi.��'i't;fi.�'d'w�"��'id dwelling ontl.:1�M' e side tl. f the common wall, which may
contain one dwelling unit, (1.3y -Nonce 94-1831 5..21e.(Arn enc1e& OMB Order By -low .2013-149 (Amended),
SA)
Reasons for Obiection to proposed variance A 2022-006
As per the definitions listed above, 49 Lower Mercer Street was planned and built as a Semi -Detached
House intended to contain one dwelling unit. All other properties on Lower Mercer street were similarly
planned and built. According to By-law 94-1, S.5[a] a duplex cannot contain a semi-detached dwelling.
These semi-detached buildings were never designed to be duplexes. This is not a MINOR variance!
The current owners of semi-detached dwellings on Lower Mercer enjoy a quiet, tranquil community
with easy access to the community trails. Approving this zoning request could negatively impact this
community as it would:
1) change the intended use of the lot from a "one unit dwelling"; originally designed to be
occupied by a household as a single, independent and separate housekeeping establishment,
containing both a kitchen and bathroom used or designed to be used for the exclusive common
use of the occupants thereof and, has a private entrance leading directly to the outside of the
building or to a common hallway or stairway inside the building. Changing this intended use
could potentially lead to overcrowding of the re -zoned "one unit dwelling" and decrease the
market values of other "one unit dwellings" in the neighbourhood.
2) negatively impact the outside appearance of 49 Lower Mercer by, potentially, completely
replacing the current green front yard with parking spaces; giving it the appearance of crowding
and detracting from the current aesthetically acceptable appearance of the community by
potentially, removing existing boulevard to provide access to the proposed enlarged parking
space. Removing the boulevard would reduce the number of street parking spaces currently
available as well as remove the tree. Does the city need to grant variance from the current By-
laws to allow widening of the current parking spaces to accommodate parking of three vehicles
(one in the garage and two on a widened driveway)? There are several examples on Lower
Mercer where house -owners obtained legal permits from the city to accomplish the widening of
their driveways (within By-law requirements) to allow two cars to be parked beside one
another.
3) set a precedent for the Lower Mercer Street neighbourhood, thereby allowing any and all semi-
detached properties to utilize the proposed and unnecessary zone changes, which would further
deteriorate the harmony of the neighbourhood by
a. overcrowding lots, and
b. increasing traffic and overnight street parking, as well as
c. removing even more boulevards and reducing even more street parking spaces as well
as potentially further defoliating the street.
Approving this variance is opposed by the residents who have attached their contact information to the
bottom of this request for denial. This variance request, in the opinion of those attaching their contact
January 17, 2022
Page 63 of 258
Page 4 of 6
information, is not MINOR in nature, it has the potential to open an avenue in the City of Kitchener
Official Plan for greater density in this already planned community. Consider the impact on
infrastructure for Lower Mercer Street. How will capacity of the water supply, sewage and garbage
collection be challenged? At what cost to the neighbourhood and the City Services?
The community surrounding Lower Mercer is desirable because it adheres to the principles of sound
urban design and city planning. Creating greater density in areas such as Lower Mercer Street works
against the very principles that impact the cohesiveness of this community. Generally, removing street
scape (soft landscape) and trees is not agreeable, especially not for additional parking spaces. There are
specific concern regarding 49 Lower Mercer itself in that above -ground cable and phone boxes and
underground wiring may be compromised and exposed to ongoing damage if the proposed expanded
driveway is approved. There is concern that a retaining wall may be required on the northwest side of
49 Lower Mercer's property line which would not be in conformance with the approved grading plan for
the subdivision. Again, this is NOT a minor variance to the City of Kitchener Zoning By -Law.
The Lower Mercer community would, originally, have had to pass an environmental assessment before
development and building commenced, especially due to its proximity to the Grand River. What about
the impact on ground water recharge and the potential, for water run-off from the proposed enlarged
parking area, to flood neighbouring lots and/or drain into the Grand River? As well, what consideration
has been given to the lack of proper snow removal from the proposed enlarged parking space? The
snow would have to be piled on neighbouring front yards. The community would not be opposed to the
same driveway expansion, adhered to by Section 6 of Zoning By-law 85-1, that other Lower Mercer
street residents have undertaken by obtaining the required permits from the various city departments.
This is to say nothing of the next steps. The building permits and the correct manner in which the
proposed multi -unit dwelling must be renovated, in order to adhere to the Ontario Building Code and to
prevent the spread of noise and fire within the existing one unit dwelling and to the adjoining semi-
detached one unit dwelling. Not done correctly, with the appropriate permissions and inspections for
electrical and mechanical upgrades/renovations and egress windows in basement apartments, this
variance would pose an unreasonable threat to the intended rental occupants, a huge impact to the
existing immediate neighbours and, to the entire street.
For the above mentioned reasons, the A 2022-006 request for variance to the City of Kitchener Zoning
By -Law should be denied.
Respectfully requested:
January 17, 2022
Page 64 of 258
0 M&
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Lm
Ot OEM
Page 5 of 6
January 17, 2022
Page 65 of 258
Page 6 of 6
*N.B. The opposition to the variance requested, from this owner, is specifically stated as, "I am against a
paving of the whole front lawn which takes away from the design on the entire street. Most residents
who wanted to have additional parking have found a compromise by adding paving or stonework up to
their front porch. This then allowed space for two cars and the rest of the lawn remained green."
January 17, 2022
Page 66 of 258
From:
To: Committee of Adiustment (SM)
Subject: [EXTERNAL] Written Submission for C of A meeting Feb 15, 2022
Date: Wednesday, February 9, 2022 2:46:58 PM
For consideration regarding Application A 2022-006 to be addressed at the Committee
of Adjustment meeting scheduled for Tuesday, February 15, 2022.
Initial Discussion
A 2022-006 — 49 Lower Mercer Street is asking, "Permission to convert an existing
single family dwelling into a duplex having the 2 required off-street parking located Om
from the front line rather that the required setback of 6m". I would have to disagree with
the from 6m to Om as the street was designed to have this distance of
6m no less to the front lot line as every other dwelling on Lower Mercer St. If approved
this would allow the applicant to do anything with the driveway and that could change
the streetscape as well as the possibility of losing on street parking. In my opinion this
request is not minor in nature.
A 2022-006 - 49 Lower Mercer Street (Amended)
Permission to convert an existing semi-detached dwelling into a duplex having the 1 of
required off-street parking spaces located Om from the front lot line rather than the
required setback of 6m; and, to permit a second pedestrian entrance on the street line
facade facing Lower Mercer Street whereas a second entry is not permitted by the By-
law.
From my understanding the second entrance would be located within the existing roll up
garage door. This does not tie into the street scape and and curb appeal. Safety would
also be a concern. A duplex dwelling does not allow an entrance through a garage door
to access the actual entrance to the rental apartment. I have found many municipalities
in Ontario that do not allow entry through a garage. "No more than one entrance to a
house is contained within the front facade and the entrance to the basement apartment
must not be located within a private garage." As per the bylaw I am against a secondary
entrance.
For the above mentioned reasons, the A 2022-006 - 49 Lower Mercer Street requests for
variance to the City of Kitchener Zoning By -Law should be denied.
Respectfully requested:
Page 67 of 258
Page 68 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 28, 2022
REPORT NO.: DSD -2022-070
SUBJECT: Minor Variance Application A2022-011
43 Maurice Street
Owner: Duane Houle
Applicant: MHBC Planning C/O Nick Bogaert
RECOMMENDATION:
That application A2022-011 for 43 Maurice Street, requesting relief from:
a) Section 5.6A.4 d) of Zoning By-law 85-1 to allow a deck greater than 0.6 metres in
height to have a side yard setback of 0.4 metres whereas 3.0 metres is required;
b) Section 6.1.2 a) of Zoning By-law 85-1 to allow for a parking rate of 0.75 spaces per
unit whereas a rate of 1.0 space per unit is required (3 parking spaces whereas 4 is
required);
c) Section 6.1.1.1.b.iv) of Zoning B -law 85-1 to allow for a driveway to be setback 8.2
metres from an intersection whereas 9.0 metres is required;
d) Section 6.1.1.1.d.i) of Zoning By-law 85-1 to allow for parking to be located in a side
yard abutting a street 0 metres from a street line whereas 3.0 metres is required;
e) Section 45.3.6 of Zoning By-law 85-1 to allow for a lot width of 12.15 metres whereas
15.0 metres if required; and
f) Section 45.3.6 of Zoning By-law 85-1 to allow for a side yard abutting a street to have
a setback of 1.8 metres whereas 3.0 metres is required;
to legalize an existing 4 -unit multiple dwelling, under review as part of Site Plan Application
SP22/012/M/LT, be approved.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 69 of 258
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of minor variances to legalize an existing 4 -
unit multiple dwelling on the subject property addressed as 43 Maurice Street. Relief is required to
allow a deck greater than 0.6 metres in height to have a side yard setback of 0.4 metres rather than
the required 3.0 metres, to allow for a parking rate of 0.75 spaces per unit rather than the required
1.0 spaces per unit, to allow for a driveway to be setback 8.2 metres from an intersection rather than
the required 9.0 metres, to allow for parking spaces to be located 0.0 metre from the street line rather
than the required 3.0 metres, to allow for a lot width of 12.15 metres rather than the required 15.0
metres, and to allow for a side yard abutting a street to have a setback of 1.8 metres whereas 3.0
metres is required.
Figure 1: Locational Map
BACKGROUND:
The subject property is located at the intersection of Maurice Street and Sydney Street South, in the
western corner. It is within the Mill Courtland Woodside Park Planning Community. To the north and
west the surrounding area is characterized predominately by residential housing of different forms,
including single -detached dwellings, row housing, and a low-rise multiple dwelling. To the east and
south there are vacant lands or former commercial lands with structures that have been recently
demolished, and further to the south there is the Rockway Golf Course.
The property is identified as a `Major Transit Station Area (MTSA)' on Map 2 - Urban Structure in the
2014 Official Plan and is designated as `Medium Density Commercial Residential' in the Mill -
Courtland Woodside Park Secondary Plan in the 1994 Official Plan.
The property is zoned as `Commercial Residential Two Zone (CR -2)' in Zoning By-law 85-1. As part
of the Neighbourhood Planning Review Project, it is proposed to be rezoned to `RES -5' in new
Zoning By-law 2019-051.
Page 70 of 258
At present the subject property is developed with a single -detached dwelling that has been converted
into a multiple dwelling with 4 dwelling units. This conversion occurred prior the current owner
purchasing the property in 2006. The requested variances intend to legalize the existing multiple
dwelling.
City planning staff conducted a site inspection of the property on January 4, 2022.
Figure 2: Front Elevation of the Subject Property
Page 71 of 258
Figure 3: Side Elevation of Subject Property from Sydney Street South
REPORT:
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
In the Mill Courtland Woodside Park Neighbourhood Secondary Plan, the intent of the Medium Density
Commercial Residential designation is to provide for a range of residential and non -retail commercial
uses. Low and medium density residential uses are accommodated in this designation through the
permittance of a range of housing forms, including single -detached, duplex, and multiple dwellings. The
requested variances will legalize an existing 4 -unit multiple dwelling, which is a permitted use within this
designation and is consistent with the various other housing forms in the area. Further, no new site work
is proposed and as such the existing character of the property and surrounding area is maintained.
Therefore, it is the opinion of staff that the requested variances are appropriate and meet the general
intent of the Secondary Plan.
General Intent of the Zoning By-law
Setbacks: The general intent and purpose of the setbacks in the Zoning By-law is to ensure a
consistent streetscape, as well as access to the rear yard and adequate space for the owner to maintain
their property and dwelling. The subject property's appearance is consistent with the corner property
Page 72 of 258
across Maurice Street as well as other properties located further northeast and southwest on Sydney
Street South. The side yard abutting the street is open and as such access is still provided and the
transportation of maintenance equipment can still be accommodated as required.
Parking: The intent of the parking space regulations is to ensure that parking does not dominate the
streetscape, as well as to ensure that a vehicle can be safely parked without affecting the City right-of-
way or surrounding properties. Further, the intent of the 9.0 metre setback requirement for driveways
from intersections is to ensure that adequate and safe vehicle ingress and egress from a property can
be achieved without impacting the use or sightlines of an intersection. With the long configuration of the
lot and the landscaping present on it, the asphalt area intended to accommodating parking does not
dominate the site. The required parking spaces also remain fully within the bounds of the subject land
and as such impact to the City right-of-way is not anticipated. This section of Maurice Street and Sydney
Street South is straight and provides unobstructed sight lines; therefore visibility is not a concern.
Lot Width: The intent of the regulation that requires a corner lot to have a minimum width of 15 metres
is to ensure site functionality and adequate space for the construction and siting of a dwelling. In this
case, the building is already situated on the lot and there are no site layout changes proposed through
this application. The provided lot width of 12.15 metres has proven functional and sufficient and can
continue to operate as existing.
The requested variances are to legalize already existing conditions. No new site work is proposed, and
as such there is will be no changes to the site or areas existing character or function. As such, staff is
of the opinion that the requested variances meet the general intent of the Zoning By-law.
Is the Variance Minor?
This application is to legalize existing conditions and does not propose any additional site work. As such
there are no anticipated changes to either the characteristics or functionality of the site or surrounding
neighbourhood. Further, the intended function of the regulations can still be achieved. Due to these
reasons, the requested variances can be considered minor.
Is the Variance Appropriate?
The proposed variances are appropriate for the development and use of the land. The application is
seeking to legalize an existing 4-unit multiple dwelling, which is a permitted use. No physical changes
to the site layout or building are proposed. Staff are of the opinion that the requested variances are
appropriate.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to a fourplex is obtained. Please contact the Building Division at building@kitchener.ca
with any questions.
Transportation Comments:
Transportation Services can support the requests to provide 3 off-street parking spaces rather than
the required 4 off-street parking space to recognize the existing condition and support an 8.2m
driveway setback along Maurice Street from the required 9.Om driveway setback.
The existing curb cut along Sydney Street South to be reinstated with curbing and grassed boulevard
and a new curb cut be provided for the two off-street parking spaces proposed along Sydney Street
South. Also, there is a hydro pole near the proposed driveway, we typically see a 1 m offset from the
hydro pole to the edge of driveway. Any site works that are required on Sydney Street can be
accommodated through the concurrent Site Plan Application SP22/012/M/LT.
Heritage Comments:
There are no heritage planning concerns associated with this application.
Page 73 of 258
Engineering Comments:
Engineering has no comments or concerns associated with this application.
Environmental Planning Comments:
There are no natural heritage concerns as there is no additional site work associated with this
application.
Parks & Cemeteries Comments:
There is a City -owned street tree (tree ID#120843) on the Maurice St frontage. Since no site work
is anticipated, there should be no impacts to the tree and Parks and Cemeteries has no concerns.
If site work is required, any requirements can be accommodated through the concurrent site plan
application SP22/012/M/LT.
Region of Waterloo Comments:
There are no concerns associated with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
A Site Plan application (SP22/012/M/LT) has been submitted for this property and is currently under
review.
Page 74 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 75 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 76 of 258
/ Admrflrmq�r�a'don Ceinl.ire"� 40C) r lyde Ruud, F'0, `,c)x /29 C:am[n!d(.c,, (::)IU IU1 C3 .'M6
Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
tionw,
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 77 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 78 of 258
Staffeeport
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Headrick, Madison, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: February 2, 2022
REPORT NO.: DSD -2022-079
SUBJECT: Minor Variance Application A2022-012
158 Forest Creek Drive
Owner — Jyothi Dutta and Sriram Bandaru
Applicant — Gabriel Otoide
RECOMMENDATION:
That application A2022-012 for 158 Forest Creek Drive, requesting relief from Section 5.6.1.(b)
to permit raised steps within an interior side yard to have a setback of 0.15 metres from the
side lot line instead of the minimum required 0.75 metres, be approved.
REPORT HIGHLIGHTS:
The purpose of this report is to provide a recommendation fora minor variance application which is
requesting a reduction of the minimum side yard setbackfor raised steps inr a side yard. The
reduction of the minimum side yard setback from 0.75 metres to 0.15 metres will facilitate the
Location Map - 158 Forest Creek Drive
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 79 of 258
BACKGROUND:
The subject property is located on the east side of Forest Creek Drive, within the Doon South
Planning Community. The area surrounding the subject property is predominantly low-density
residential uses in the form of single -detached dwellings and street townhouses. The rear property
line of the subject property abuts open space land use in the form of Tilt's Trail. The subject property
is currently developed with a two-storey, single -detached residential dwelling.
The property is designated as `Low Rise Residential' in the City's Official Plan. It is zoned as
`Residential Four Zone (R-4)' in Zoning By-law 85-1.
The applicant is proposing to construct raised stairs, in a side yard, to facilitate a side yard entrance
to a proposed second dwelling unit in the basement. The applicant is requesting relief from the
minimum required side yard setback to allow for the raised steps.
City Planning staff conducted a site inspection of the property on January 25, 2022
Existing Side Yard — 158 Forest Creek Drive
REPORT:
Page 80 of 258
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' in the Official Plan. The intent of this
designation is to permit a variety of low-density residential uses. This property is developed with a
single -detached dwelling, the new side door access is proposed to permit entry to a basement unit for
future duplex use. Single -detached dwellings and duplex uses are permitted in the Low Rise Residential
land use designation. Therefore, the requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the zoning regulation requiring a 0.75 metre side yard setback is to ensure adequate
separation between buildings, to provide adequate room to maintain the steps, and to provide access
to the rear yard. The 0.15 metre setback is sufficient to construct and maintain the steps within the
subject property. The landing is 0.86 metres above grade and is proposed to exceed the minimum
requirements of the Ontario Building Code. Planning Staff is of the opinion that the requested minor
variance meets the general intent of the Zoning By-law.
Is the Variance Minor?
The requested variance can be considered minor, as there are no adverse impacts to the adjacent
properties. The opposite side yard will allow for access to the rear yard from the front yard. The steps
and landing are for access only and are not sized or designed to serve as an amenity in the side yard.
Therefore, Planning Staff is of the opinion that the requested variance is minor in nature.
Is the Variance Appropriate?
The proposed reduction from 0.75 metres to 0.15 metres is not expected to negatively impact the
adjacent property nor the surrounding area. The minor variance is desirable and appropriate as it allows
for a private and separate entrance to a new second dwelling unit in the basement of the existing
dwelling. Planning Staff is of the opinion that the requested variance is appropriate.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for the
change of use to a duplex is currently under review.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with the minor variance application.
Engineering Comments:
Engineering has no comments.
Environmental Planning Comments:
Environmental Planning has no comments.
Region of Waterloo Comments:
The Region of Waterloo has no concerns with the application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
Page 81 of 258
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
None.
Page 82 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 83 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 84 of 258
/ Admrflrmq�r�a'don Ceinl.ire"� 40C) r lyde Ruud, F'0, `,c)x /29 C:am[n!d(.c,, (::)IU IU1 C3 .'M6
Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
tionw,
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 85 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 86 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: 10
DATE OF REPORT: February 7, 2022
REPORT NO.: DSD -2022-071
SUBJECT: A2022-013 — 41 Moore Avenue
RECOMMENDATION:
That Minor Variance Application A2022-013, requesting to relief from section 39.2.1 to permit
a lot width of 4.5 metres whereas the zoning by-law requires a minimum width of 9.0 metres;
from s.39.2.1 to permit a maximum front yard setback of 39.5 metres whereas the zoning by-
law permits a maximum of 4.6 metres; from s. 5.5.2.e to permit an accessory structure to be
located closer to a front lot line than the front face of the principle budling on the property;
and from s. 6.1.1.1.b.ii.g to permit a driveway having a maximum width of 9.5 metres whereas
the zoning by-law permits a maximum width of 5.2 metres, to facilitate the construction of a
new single detached dwelling, be approved subject to the following conditions:
That prior to issuance of a building permit for a dwelling and detached garage, the
owner shall receive approval of a site plan drawing and elevation drawings from the
City's Director of Planning, which shall be generally in accordance with the plans and
elevations submitted in support of Minor Variance Application A2022-013.
Additionally, the owner shall obtain building permits from the City's Building Division
and the above mentioned drawings shall be implemented through the building permit
process, to the satisfaction of the City's Director of Planning and City's Chief Building
Official. This minor variance approval shall apply only to the dwelling constructed
and maintained in general accordance with said plans, to the satisfaction of the
Director of Planning.
2. Prior to the commencement of grading or issuance of a building permit on the subject
property, the owner shall:
a. prepare a Tree Preservation and Enhancement Plan/Arborist Report for the
subject property in accordance with the City's Tree Management Policy, to be
approved by the City's Urban Designer and Director of Parks and Cemeteries
(for street trees) and where necessary, implemented prior to any grading,
servicing, tree removal or the issuance of building permits. The report shall
address, among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation to be preserved.
b. implement the approved Tree Preservation and Enhancement Plan/Arborist
Report, including the recommendations and tree protection measures outlined
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 87 of 258
in the report for the duration of construction. No changes to the said report
shall be granted except with the prior approval of the City's Urban Designer.
c. maintain the subject property, in accordance with the approved Tree
Preservation and Enhancement Plan/Arborist Report, for the life the
development.
3. Prior to issuance of a building permit for a building on the subject property, the owner
shall install municipal address signage in an appropriate location on the subject
property that is visible from Moore Avenue, to the satisfaction of the City's Chief Fire
Official.
4. Prior to issuance of a building permit for a building on the subject property, the owner
shall provide a letter of confirmation from Bell and Rogers, that the Rogers Cable
Systems Easement and Bell Canada Easement has been released and that any
services have been relocated to their satisfaction.
REPORT HIGHLIGHTS:
• The purpose of this report is to make recommendations with respect to the proposed minor
variances.
• There are no financial implications to the City.
• This report supports the delivery of core services
BACKGROUND:
The subject property is located on the west side of Moore Avenue, between Louisa Street and
Wellington Street. The property is comprised partly of a former public laneway, which used to run
between King Street and Moore Avenue and is surrounded by the rear yards of those properties
fronting onto Louisa and Wellington Streets. The subject property was formerly used for
warehousing, and is currently vacant. Retaining walls outline large sections of property boundaries
and the site is at a lower elevation than properties to the west and north. The property is 1,255
square metres in area and has 4.57m of frontage on Moore Avenue (the width of the former
laneway). A right-of-way for access to the two abutting properties on Moore Street, addressed as
37 and 43 Moore Street, remains in effect.
A previous owner of the site submitted an application for minor variances for a similar proposal
through application A2019-108. The Committee of Adjustment approved variances for a reduced lot
width and increased maximum front yard setback to permit construction of a single detached dwelling
on the lands. The variances were tied to the development plans submitted in the support of the
application. The site has since been sold and the new owners also wish to construct a single
detached dwelling on the subject lands, but with a plan that deviates from the original approval and
as such new variances are required.
Page 88 of 258
image -i: Location iviap (4-1 ivioore Ave)
Planning Comments:
The owner is seeking four minor variances in support of the proposed 2 storey single detached
dwelling, and is considered under By-law 85-1:
1. To permit a lot width of 4.57 metres rather than 9.0 metres
2. To require a maximum front yard setback of 39.5 metres rather than 4.67 metres
3. To permit an accessory structure (detached garage) to be located closer to a front lot line
than the front face of the principle building on the property.
4. To permit a driveway having a maximum width of 8.53 metres rather than 5.2 metres.
The former laneway is encumbered by an access easement providing access to parking located in
the rear yards of 37 and 43 Moore Ave. The driveway actually reaches a maximum width of 9.5
metres which includes the proposed parking pad, the driveway and access to parking behind 37
Moore Ave (see Image 2). Therefore staff recommend that the requested variance be amended so
that relief is requested from s. 6.1.1.1.b.ii.g to permit a driveway having a maximum width of 9.5
metres whereas the zoning by-law permits a maximum width of 5.2 metres. The revised wording is
reflected in the recommendation in the preceding section.
The property is designated `Low Rise Conservation' in the K -W Hospital Secondary Plan and is
zoned `Residential Five Zone (R-5)', with Special Use Provision 129U (prevents triplexes) in Zoning
By-law 85-1. Single detached dwelling is a permitted use. Planning staff visited the site on January
25, 2022.
Page 89 of 258
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Image 2 — 41 Moore, width of driveway with access to parking behind 37 Moore Ave.
Image 3 — proposed Single Detached Dwelling
Page 90 of 258
mow.
L{7T AREA:
1 �54,82m2
y TOTAL SOFT
LANDSCAPE
x 1. AREA. 625.55m2
Image 4 — Proposed Site Plan
J
Photo 1 — 41 Moore from Moore Avenue
Page 91 of 258
Photo 2 — 41 Moore (developable area from front of lot towards rear)
Photo 3 — 41 Moore (developable from rear of lot looking toward Moore Ave)
Page 92 of 258
General Intent of Official Plan
The subject lands are designated `Low Rise Conservation' in the K -W Hospital Secondary Plan.
Policies permit single detached dwellings, encourage preservation of the existing low-rise, low-
density character of the neighbourhood and supports creating new housing through redevelopment
at a scale and intensity no greater than the existing housing stock. The proposed single detached
dwelling is permitted and is proposed to be constructed on lands which was historically used for light
industrial purposes and is currently vacant. The existing housing surrounding the subject lot consists
of a mix of single detached dwellings, duplexes and houses converted to multiples.
Official Plan policies require that the overall impact of the requested variances are reviewed to
ensure that the new buildings are compatible with existing built form and community character, that
changes to front yard setbacks support and maintain the character of the streetscape, that new
buildings are sensitive to exterior areas of adjacent properties and screening and/or buffering is
provided to mitigate adverse impacts particularly with respect to privacy, that appropriate parking
and landscaping are provided. Staff note that variances are not required for the proposed side yard
setbacks or building height - these comply with the by-law regulations. Staff acknowledge that the
side yard of the subject lot abuts the rear yard of neighbouring properties. While this is a large lot
that abuts many rear yards, it is not unusual for dwellings to be orientated with an interior side yard
adjacent to a rear yard and this is not considered an adverse condition. The proposed house has
been designed with limited window openings overlooking the rear yards of adjacent houses helping
maintain privacy of adjacent rear yard amenity areas. Further the overall building height complies
with the maximum building height, and roof lines have been designed to slope down to the side yards
providing a lower wall along the side lot lines (see proposed elevation in Image 3).
The proposed variances support the development of the lot with a single detached dwelling,
facilitates appropriate parking and access, is compatible with surrounding low-rise residential uses
and does not impact the character of the streetscape. Staff is of the opinion that the intent of the
Official Plan is maintained.
Variance 1 - To permit a lot width of 4.57 metres rather than 9.0 metres.
General Intent of the Zoning By-law:
The intent of the minimum lot width regulation is to ensure a lot is appropriately sized for a dwelling,
parking, landscaping and setbacks. The subject lot is existing and is irregularly shaped with 4.57
metre wide former laneway (now merged) providing frontage on Moore Ave. Beyond the laneway,
the property opens up to a lot having a width in excess of 20 metres. Therefore, while the technical
lot width is 4.57 metres, there is sufficient space on the lot to accommodate a dwelling, parking,
landscaping, etc. Staff is of the opinion that the general intent of the by-law is maintained.
Is the Variance Minor:
Staff is of the opinion that the variance is minor. The subject variance legalizes the existing lot width
for a permitted use. The width accommodates the proposed driveway which will serve the subject
lot, as well as providing access to the rear yard parking of 37 and 43 Moore Ave.
Is the Variance Appropriate:
Staff is of the opinion that the variance is appropriate. The reduction legalizes the existing lot width
allowing the site to be developed.
Variance 2 - To require a maximum front yard setback of 39.5 metres rather than 4.67metres
General Intent of the Zoning By-law:
The subject lands are located on Appendix `H' of By-law 85-1, therefore in accordance with Section
39.2.1 the required front yard setback (i.e. 4.6 metres) is calculated by averaging the front yards of
the abutting lots (i.e., 37 Moore Avenue and 43 Moore Avenue) and adding 1.0 metre. The intent of
Page 93 of 258
this regulation is to provide for consistent building setbacks along the street in order to help maintain
the character of the streetscape. In this case, due to the irregular shape of the lot and narrow lot
width, it is not possible to locate a building near the street. The proposed setback of 39.5 metres will
allow a building to be constructed well away from the street, where there will be no visual impact to
the streetscape. The street will continue to have the appearance of a driveway/Ianeway leading
towards the centre of the block. The proposed single detached dwelling will not have a presence on
the street and the streetscape character will not be impacted. Staff is of the opinion that the general
intent of the by-law is maintained.
Is the Variance Minor?
Staff is of the opinion that the variance is minor. While the proposed setback results in a building
located away from the street, the increased setback does not impact the streetscape. The size of
the lot beyond the narrow driveway exceeds a standard lot size and the dwelling has been sited with
a functional parking arrangement and minimum setbacks to side and rear lot lines are met or
exceeded.
Is the Variance Appropriate?
Staff is of the opinion that the variance is appropriate. Given the existing lot configuration, it is not
possible for a dwelling to be constructed with a setback consistent with neighbouring properties. As
such, the subject dwelling is setback so that the site layout is functional for the permitted use.
Furthermore, a right-of-way is registered over the former Ianeway, allowing neighbours at 37 and 43
Moore Ave access to rear yard parking. It is appropriate and required that the former Ianeway
continue to be used as a driveway access for the benefit of those benefitting properties.
Variance 3 — To permit an accessory structure (detached garage) to be located closer to a
front lot line than the front face of the principal building on the property.
General Intent of the Zoning By-law:
By-law regulations require that detached accessory structures, such as a detached garage, are
located behind the front face of the principal building. The intent of this regulation is to ensure that
the principal building provides the primary street line fagade, thereby maintaining a more consistent
streetscape rather than permitting an inconsistent array of accessory structures in front yards. The
proposed detached two car garage while located in front of the dwelling, is not visible from the street
due to the unique lot orientation, and would not have an impact on the streetscape. Staff is of the
opinion that the general intent of the by-law is maintained.
Is the Variance Minor?
Staff is of the opinion that the variance is minor. The proposed detached garage is located in such
a way that it does not impact the streetscape as it is not visible from the street.
Is the Variance Appropriate?
Staff is of the opinion that the variance is appropriate. The proposed garage, while proposed to be
located between the principal building and street is not visible from the street, and is located next to
parking and detached garages of adjacent properties. The orientation of the garage will allow
vehicles to turn around on the site, eliminating the need for residents to drive backwards down the
shared driveway.
Variance 4 — To permit a driveway having a maximum width of 9.5 metres rather than 5.2
metres.
General Intent of the Zoning By-law:
The by-law permits a maximum driveway width of 5.2 metres for a lot having a width less than 10.4
metres, and the lesser of 8 metres or 50% of the lot width for lots having a width greater than 10.4
metres. The intent of the maximum driveway width regulation is to avoid having a streetscape
Page 94 of 258
dominated by driveways and parked cars — allowing space for landscaping and tree plantings in front
yards and boulevards.
The subject driveway is proposed to have a width of only 3.0 metres at the street which will not have
a detrimental impact on the streetscape. While the subject lot is technically 4.57 metres wide at the
street, it widens out to greater than 20 m wide. The proposed maximum width of 9.5 metres is located
mid -site, where the property begins to widen and accommodates the driveway, a parking pad and
access to the parking located behind 37 Moore Ave. Beyond this, the driveway is proposed to be 6.0
metres wide to accommodate vehicular movements in and out of the detached garage. The parking
pad is not visible from the street, and will not result in excessive parking along the streetscape. Staff
is of the opinion that the general intent of the by-law is maintained.
Is the Variance Minor
Staff is of the opinion that the variance is minor. The proposed driveway width of 9.5 metres is limited
to a short section, which is well removed from the street, limiting any visual impact. The proposed width
provides for the access rights for properties benefitting from the existing right-of-way, allows additional
onsite parking for residents and permits vehicles to turn around on-site, preventing drivers from needing
to back out on to the street. The wider section adjacent to the garage will allow vehicles access to the
detached garage, and to turn -around on-site so that they do not need to drive in reverse when exiting
the site.
Is the Variance Appropriate
The proposed garage orientation, with the door facing to the centre of the property (together with the
request for an increased driveway width) will allow the vehicles to turn around on-site, eliminating
the need to reverse in or out of the property along the long narrow driveway, improving safety.
Furthermore, the proposed parking pad provides for additional on-site parking for visitors in an
appropriate location, and not potentially blocking the right-of-way portion of the driveway. The
parking pad and driveway turn -around do not have a visual impact on the streetscape and improve
the function of the lot. Staff is of the opinion the variance is appropriate for the development and use
of the lands.
Staff recommend that the requested variance be approved, subject to the maximum driveway width
of 9.5 metres only being permitted for a driveway layout consistent with the plan provided as part of
this application, to the satisfaction of the City's Director of Planning.
Planning Conditions:
Planning staff note that there are existing Bell and Rogers easements depicted on the survey plan
submitted in support of the application, and above ground Bell services encumbering the site. Prior
to development of the property, these easements must be released, and any services relocated. A
condition is recommended to be included in this regard.
Staff also recommend that as the requested variances are specific to the conceptual site plan and
elevations submitted in support of the application, that the subject variances should only apply to a
dwelling constructed in general accordance with the submitted plans. Staff recommend that a
condition be included requiring that the owner submit and receive approval of a site plan drawing
and elevation drawings for the proposed dwelling, and that the plans be implemented through the
building permit process.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the single
detached house and detached garage is obtained prior to construction. Record of Site will be required
to develop this site with a residential use. Please contact the Building Division @ building@kitchener.ca
with any questions.
Page 95 of 258
Parks & Cemeteries:
There are three existing trees on City property identified in the Arborist report; two inventoried street
trees on Moore Ave #1 and #2 (ID#133245 and ID#159036) and a large Juglans/Walnut tree #12 in
the public right-of-way to the east of the subject property that is not inventoried but is located on City
lands. All trees should be protected to City standards for the duration of construction. A revised
Tree Protection and Enhancement Plan (TPEP) / Arborist's Report to Parks & Cemeteries
satisfaction is required showing adequate tree protection generally as illustrated in the image below.
Please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanaement for
required fencing and signage details.
Transportation Services Comments:
As noted on the plan, there is an existing 3 metre wide driveway which intersects with the municipal
right-of-way to form the existing access point. Therefore, Transportation Services have no concerns
with the proposed 8.5 metre wide driveway internal to the site.
Engineering Comments:
No Engineering concerns.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by
The Landplan Collaborative Ltd. Was approved by Council in 2015. The CHLS serves to establish
an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL)
conservation process. The applicant is advised that the property municipally addressed as 41 Moore
Avenue is located within the `Mt Hope/Breithaupt Neighbourhood CHL'. The owner and the public
will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying
CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options.
Environmental Planning Comments:
Staff acknowledge that an Arborist Report was submitted together with the Minor Variance
application. This report will be reviewed and approved as a condition of approval. The standard tree
management condition to complete and implement a Tree Preservation / Enhancement Plan or
Arborist Report prior to grading or the issuance of any building permit should be included.
Page 96 of 258
Fire Comments:
Preparation of a fire route plan is not required for a single detached dwelling. However, should the
dwelling be converted to a duplex or other multi -unit dwelling in the future, a fire route plan will be
required. The owner is required to install municipal address signage in an appropriate location on
the subject property that is visible from Moore Avenue, to the satisfaction of the City's Chief Fire
Official.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM —This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
• Planning Act
Page 97 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 98 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 99 of 258
/ Admrflrmq�r�a'don Ceinl.ire"� 40C) r lyde Ruud, F'0, `,c)x /29 C:am[n!d(.c,, (::)IU IU1 C3 .'M6
Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
tionw,
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 100 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 101 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD -2022-068
SUBJECT: Minor Variance Application A2022-014
21-39 Benninger Drive
Owner: Activa Holdings Inc.
Applicant — Rachel Wolff, MHBC Planning
RECOMMENDATION:
That application A2022-014 requesting variances to allow an attached garage to have a
maximum width of 78% of the front facade rather than the maximum permitted garage width
of 70% of the front facade, for those townhouse dwelling units proposed to be addressed as
31, 33 and 39 Benninger Drive, be approved.
REPORT HIGHLIGHTS:
The applicant is requesting relief from Section 5.5C.1 of Zoning By-law 85-1 to allow a maximum
garage width of 78% of the front fagade rather than the permitted maximum of 70% of the front
fagade for the dwelling units municipally addressed as 31, 33 and 39 Benninger Drive. The intent is
for the lots to remain as one property and are not intended to be severed, which is why the
applications are being dealt with together in one application.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 102 of 258
Location Map
BACKGROUND:
The property is designated as Low Rise Residential in the City's Official Plan and identified as a
Community Area on the City's Urban Structure Map.
The property is zoned as Residential Six Zone (R-6), with Special Regulations 612R, 663R & 665R
in Zoning By-law 85-1.
The applicant is currently in the process of obtaining site plan approval for 10 townhouses,
municipally known as 21-39 Benninger Drive (SP/21 /103/B/TS). The garage widths of 31, 33, and
39 Benninger Drive do not meet the 70% maximum garage front fagade width percentage of the lot
width, and the applicant is requesting a minor variance to permit the garages at the location to have
a maximum garage width front fagade percentage of 78%.
REPORT:
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' within the City's Official Plan. This designation
permits low density forms of housing such as street townhouse dwellings. The proposed variance meets
the intent of the Official Plan which encourages a range of different forms of housing and encourages
a mix of residential uses in residential areas. It is the opinion of staff that the requested variance for
garage width meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum permitted width of 70% is to ensure that an attached garage doesn't
dominate the dwelling and the streetscape. The proposed townhouses incorporate specific design
features such as different architectural forms, different building materials and colours, and windows
Page 103 of 258
to maintain the streetscape aspect of the neighbourhood. Staff is of the opinion that the requested
variances meet the general intent of the Zoning By-law.
Is the Variance Minor?
The variances can be considered minor, as it is the opinion of staff that the increase in garage width
will continue to accommodate an adequate streetscape fagade, and the increase of the garage width
only is an increase of a measurement less than a meter. Overall, the garage width increase is only
required for 3 of the 10 townhouse units, and the specific units are the end units of the townhouse
blocks. The end units are larger than the middle units and have adequate landscaping on the side yard
to reduce the impact of the garages. The increase in garage width will not present any significant
impacts to adjacent properties and the overall neighbourhood.
Is the Variance Appropriate?
The variance is appropriate for the development and use of the land. The requested variances should
not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and
height of the new townhouses including the garage facades will not negatively impact the existing
character of the subject property or surrounding neighbourhood and provides different variety in the
streetscape presence.
City Planning staff conducted a site inspection of the property on January 31St, 2022.
Photo of Subject Property
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
townhouses are obtained prior to construction. Please contact the Building Division @
building@kitchener.ca with any questions.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
Page 104 of 258
Environmental Comments:
No environmental planning concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
40,
2,
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Concept Layout — 21-39 Benninger Driv
Page 105 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 106 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 107 of 258
/ Admrflrmq�r�a'don Ceinl.ire"� 40C) r lyde Ruud, F'0, `,c)x /29 C:am[n!d(.c,, (::)IU IU1 C3 .'M6
Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
tionw,
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 108 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 109 of 258
stage opt
a
I
T( ]R
Development Services Department
www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: 9
DATE OF REPORT: February 1, 2022
REPORT NO.: DSD -2022-076
SUBJECT: Minor Variance Application A2022-015
25 Brock St
Owner — Donald Shelton and Wendy Weinberg
RECOMMENDATION:
That application A2022-015 requesting relief from Section 39.2.1 of Zoning By-law 85-1 to
allow a westerly side yard setback of 0.6 metres instead of the minimum required 1.2 metres
to facilitate the construction of a 42.5 square metre addition at the rear of the existing single
detached dwelling, be approved.
Location Map: 25 Brock St
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 110 of 258
BACKGROUND:
The property is designated as `Low -Rise Conservation' in the Victoria Park Neighbourhood
Secondary Plan in the City's 1994 Official Plan and identified as `Community Areas' on Map 2 -
Urban Structure in the 2014 Official Plan.
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1.
The applicant is proposing to construct a 1 storey addition at the rear yard of the existing 2 storey
dwelling. The photo attached below shows the 1 storey addition with a building area of 42.5 square
metres.
CHEDGARAGE
i 2tl'-1 oyy" (37.15r.j
,•rte-- -
LMS mIiNG SHLICd
General Intent of the Official Plan
1 -STOREY( ADDITION
B,UILDIING AREA =
457 :sqn (42.5 m')
IBI
The intent of the Low -Rise Conservation designation is to retain the existing low rise, low density
residential character of the neighbourhood. The existing two storey single detached dwelling is a
permitted use in the designation and is consistent with the various housing forms in the area. The
requested side yard variance of the one storey rear yard addition will not impact the character of the
neighbourhood. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is
maintained.
General Intent of the Zoning By-law
The intent of the side yard setback regulation is to ensure that the dwelling has sufficient separation
from abutting properties and to provide for access to the rear yard.
The existing dwelling has a right (easterly) side yard of 2.2 metres side yard setback to the existing
covered porch to accommodate access to the rear yard and side yard of the house. The left (westerly)
side of the dwelling has an existing setback of 0.65m. Currently, the Zoning By-law 85-1 requires the
left (westerly) side yard to be 1.2 metres. However, as the existing dwelling was constructed prior to
this requirement, it is considered legal and in compliance with Section 5.15 Existing Use Clause.
As noted in the elevation drawings submitted with the minor variance application, there will be no
windows on this side of the addition and therefore it should not negatively impact the property owners
to the right (west).
Page 111 of 258
As the proposed addition is for a one storey extension on the existing two storey home, there are no
concerns with impacting neighbouring property and the access to the rear yard.
Based on the above, staff is of the opinion that the general intent of the zoning by-law is met.
Is the Variance Minor?
As noted above, the proposed addition and extension of the first floor to the rear of the dwelling, will not
negatively impact the adjacent property and will maintain a sufficient access to the rear yard. The
variance may be considered minor.
Is the Variance Appropriate?
The variance to allow a reduced side yard setback is desirable and appropriate as it allow the addition
to be constructed in line with and maintain the same setback as the existing dwelling.
Based on above comments, staff is of the opinion that as the proposed variance will not negatively
impact the subject property nor the adjacent property and surrounding neighbourhood, the requested
minor variance, to allow a reduced interior side yard setback, is appropriate.
City Planning staff conducted a site inspection of the property on February 31d, 2022
Subject Property: 25 Brock St
Building Comments: The Building Division has no objections to the proposed variance provided
building permit for the addition to the single detached house is obtained prior to construction. Please
contact the Building Division @ building@kitchener.ca with any questions.
Page 112 of 258
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments: No concerns.
Environmental Planning: No concerns due to nature of application.
Heritage Planning: Heritage Planning staff has no concerns with this application
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by
The Landplan Collaborative Ltd. Was approved by Council in 2015. The CHLS serves to establish
an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL)
conservation process. The applicant is advised that the property municipally addressed as 25 Brock
Street is located within the Victoria Park Neighbourhood CHL. The owner and the public will be
consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in
the Official Plan, and preparing action plans for each CHL with specific conservation options.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Page 113 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 114 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 115 of 258
/ Admrflrmq�r�a'don Ceinl.ire"� 40C) r lyde Ruud, F'0, `,c)x /29 C:am[n!d(.c,, (::)IU IU1 C3 .'M6
Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
tionw,
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
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Page 116 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 117 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: January 28, 2022
REPORT NO.: DSD -2022-075
SUBJECT: Minor Variance Application A2022-016
1768 Ottawa Street South
Owner: Region of Waterloo
Applicant: Moira Davidson, Stantec
RECOMMENDATION:
That application A2022-016 requesting relief from:
a) Section 15.3 of Zoning By-law 85-1 to allow an interior side yard setback of 0.77 metres
whereas 7.5 metres is required; and
b) Section 15.3 of Zoning By-law 85-1 to allow a rear yard setback of 2.38 metres whereas
7.5 metres is required;
to facilitate the demolition of an existing wellhouse and construction of a new, upgraded
wellhouse, under review as part of Site Plan Application SP22/015/0/LT, be approved.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of two (2) minor variances to facilitate the
upgrade of an existing wellhouse. To upgrade the wellhouse to current standards a larger gross floor
area is required; the limited buildable area of the subject land means relief is needed to allow for a
side yard setback of 0.77 metres whereas 7.5 metres is required, and a rear yard setback of 2.38
metres whereas 7.5 metres is required.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 118 of 258
Figure 1: Locational Map
BACKGROUND:
The subject property is located on the north side of Ottawa Street South, within the Laurentian West
Planning Community. The northerly, westerly, and easterly boundaries are bordered by the
Everglade Stormwater Management Pond, while the southerly boundary of the property fronts onto
Ottawa Street South. Across Ottawa Street are two managed forested properties. The rest of the
surrounding area is characterized predominately by low-rise residential dwellings in the form of
single -detached houses and townhomes.
The property is identified as a `Green Area' on Map 2 - Urban Structure and is designated `Open
Space' in the City's 2014 Official Plan. The property is zoned as `Open Space: Stormwater
Management (OSR-3)' in new Zoning By-law 2019-051.
At present, the subject property is developed with an existing wellhouse approximately 39.6 square
metres in size
City planning staff conducted a site inspection of the property on January 25, 2022.
Page 119 of 258
Figure 2: West Side Elevation of Subject Property
Figure 3: East Side Elevation of Subject Property
Page 120 of 258
REPORT:
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
In the Official Plan, the intent of the Open Space designation is to provide for a comprehensive and
connected open space system, acting as a buffer between land uses, and increasing recreation
opportunities while having regard for natural areas not designated as part of the Natural Heritage
System. Permitted uses in this designation including essential public works such as transportation,
utility, and watershed management. The proposed variances will facilitate the upgrade of a Regional
wellhouse; demolition and reconstruction is required in order to upgrade the wellhouse to current
standards. This is an appropriate use for the designation of the land. Planning staff are of the opinion
that the general intent of the Official Plan is met.
General Intent of the Zoning By-law
The general intent and purpose of the setbacks in the Open Space zones is to ensure that there is
adequate access in and around structures on the properties for the purpose of movement and
maintenance, as well as to ensure that there is adequate separation distance between buildings or other
uses. Sufficient access through the side yard can be provided on the alternative side as the setback is
1.6 metres. Further, adequate separation between the wellhouse and adjacent land uses is still
provided, as there remains approximately 11.2 metres of distance between the furthest external point
of the proposed wellhouse and the Everglade Stormwater Pond, and the Everglade Stormwater Pond
separates the wellhouse from the nearby residential uses. As such, planning staff are of the opinion
that the general intent and purpose of the Zoning By-law is met.
Is the Variance Minor?
The requested variances are minor in nature, as they are not expected to create unacceptably adverse
impacts on the subject property itself or on adjacent lands. The variances will facilitate the upgrade of
a wellhouse to current standards, and as such is required public works.
Is the Variance Appropriate?
The request variances are appropriate for the development and the use of the land. The proposed
upgraded wellhouse maintains the existing use of the subject land, which is a permitted use under
the current designation and zoning. There are no anticipated negative impacts to the adjacent
property or the surrounding neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
new well house and is currently under review.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
There are no heritage planning concerns associated with this application.
Engineering Comments:
Engineering has no comments or concerns associated with this application.
Environmental Planning Comments:
There are no environmental planning concerns associated with this application.
Page 121 of 258
Region of Waterloo Comments:
There are no concerns associated with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Site Plan Application SP22/015/0/LT has been submitted for this property and is currently under
review
_►I
Building Permit application 2021 136136 000 00 IB is currently under review.
Page 122 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 123 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 124 of 258
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Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
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February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 125 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 126 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning),
519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 8, 2022
REPORT NO.: DSD -2022-091
SUBJECT: Minor Variance A 2022-017 - 86 Cedar Street South,
Owner: D.D. Acquisitions Partnership
Agent: Stevan Gacesa
RECOMMENDATION:
That application A2022-017 requesting relief from Section 6 of Zoning By-law 85-1 to
permit a multiple dwelling, having 80 dwelling units (with 2 units having a gross floor
area of 51 square metres or less), to have 86 parking spaces instead of the required
98 parking spaces, to have 10 visitor parking spaces instead of the required 20 visitor
parking spaces, and relief from Section 42.2.3 to permit a landscaped area of 17.8%
instead of the minimum required 20% and to permit ground floor dwelling units
without an exclusive use patio area, to facilitate the conversion of interior space on
the ground floor of the existing multiple dwelling into an additional dwelling unit, be
approved.
BACKGROUND:
The subject property is located on the northerly side of Cedar Street South between Chruch
Street and St. George Street, in the Cedar Hill Neighbourhood, and contains an existing
multiple dwelling with 79 dwelling units.
The subject property is designated `High Density Multiple Residential' in the Cedar Hill
Neighbourhood Secondary Plan in the 1994 Official Plan. It is located in a Major Transit
Station area a s shown on Map 2 -Urban Structure in the 2014 Official Plan.
The property is zoned `Residential Nine Zone (R-9)' in Zoning By-law 85-1.
This property was originally developed with a 75 -unit multiple dwelling in approximately
1973. Subsequently, two previous minor variance approvals legalized additional units. The
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 127 of 258
newest owner would like to add one additional dwelling unit within the existing building for a
total of 80 units.
Site Plan Application SP21/102/C/SMR has been submitted to facilitate the conversion and
is currently under review.
Subject property
REPORT:
General Intent of the Official Plan
The `High Density Multiple Residential' land use designation permits restricts uses to
multiple dwellings and lodging house and may permit a limited amount of personal services
and small convenience provided they are internal to a large multiple dwelling. This
designation permits residential development densities in excess of 200 units per hectare.
The maximum Floor Space Ratio is 4.0, that is, the above grade building floor area will not
exceed 4.0 times the lot area.
This property is located within a Major Transit Station area and the reduction of visitor and
resident parking spaces can be supported by its location to public transportation.
The addition of the dwelling unit and associated variances will meet the intent of the Official
Plan.
General Intent of the Zonina By-law
Page 128 of 258
The intent of the visitor and resident parking space requirement is to ensure adequate
parking spaces are available on site. The subject property is located in a Major Transit
Station Area and has access to multiple public transit options, such as bus and light rail
transit. As well, the property is located close to many services and the downtown where
residents may walk to visit businesses. And visitors may also take public transit and walk
and/or bike to the subject property. Transportation Planning have no concerns with the
variances.
The intent of the 20% minimum landscaped area is to ensure that the site is not overly
developed with hardscape and parking services, and to provide some amenity area for the
residents. A reduction of 2.2% is an existing condition and the addition of the dwelling unit
will not exacerbate this condition and staff are in support of this variance.
The intent of the private patio area for ground floor units is to ensure that there is an amenity
area for the tenants. It is noted that two previous variances have approved conversion of
dwelling units without private patio areas. Though there will not be a private amenity area
for the additional unit, the existing building is close to parks and other outdoor recreation
opportunities.
Is the Variance Minor?
As noted above, the variances meet the intent of the Official Plan and Zoning By-law and
the additional of the dwelling unit in the existing building will have negligible impacts to
abutting properties and the neighbourhood.
Is the Variance Appropriate?
The variances are desirable and appropriate to allow for an additional dwelling unit to be
developed within the existing building. Staff are currently reviewing Site Plan Application
SP21/102/C/SMR to ensure that resident parking, visitor parking and bike parking is
supplied and denoted on site.
Building Comments:
The Building Division has no objections to the proposed variances. Application has been made
to for the additional unit being added to the existing apartment and is currently under review.
Transportation Planning Comments:
This is an existing site with a static amount of off-street parking available and is well situated
to take advantage of alternative modes of transportation which are less vehicle dependent,
such as ION (Kitchener Market Station), Grand River Transit, cycling and walking. Based
on these factors, Transportation Services will support the proposed total 86 off-street
parking spaces for the site, from the required 98 parking spaces and support the 10 off-
street visitor parking spaces from the required 20 visitor spaces.
Heritage Comments:
There are no heritage planning concerns.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
Page 129 of 258
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 86 Cedar
Street South is located within the `Cedar Hill Neighbourhood CHL'. 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/nor.
Engineering Comments: No comment.
Environmental Planning Comments: No comment.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the Committee of Adjustment meeting. A notice sign was placed on the property advising
that a Committee of Adjustment application has been received. The sign advises interested
parties to find additional information on the City's website or by emailing the Planning
division. A notice of the application was mailed to all property owners within 30 metres of
the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Committee of Adjustment Decision A 115/99 to permit conversion of ground floor storage
area to dwelling units without outdoor private patio area and to reduce the number of parking
spaces from 80 to 77 spaces for 77 apartment units.
Committee of Adjustment Decision A 2014-062 to permit conversion of existing space on
ground floor into two new bachelor units without exclusive use patio area and to provide 77
parking spaces rather then the required 19 spaces.
Site Plan Application SP21/102/C/SMR — Under Review
Page 130 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 131 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 132 of 258
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Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
tionw,
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 133 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 134 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 2, 2022
REPORT NO.: DSD -2022-080
SUBJECT: Consent application B2022-007
654 Rockway Drive
Owners: Adam Szuba, Tracy Szuba, Roberto Drelini
Applicant: Dave Galbraith, IBI Group
RECOMMENDATION:
That application B2022-007 for consent to sever a parcel of land having a width of 16.5 metres,
a depth of 32.4 metres and an area of 525 square metres to facilitate the construction of a
new single detached dwelling on each new lot, 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'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.
3. That the owner provides a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s). The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City's Mapping Technologist.
4. That the Owner obtains a demolition permit to the satisfaction of the Chief Building
Official and removes the existing dwelling prior to the creation of the lots.
5. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
6. That the owner makes financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 135 of 258
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 provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
9. 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 provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then
the ownerwould 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 pays to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $7,590.00. The parkland
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 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.
13. 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 in accordance
with one of the following.
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:
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.
Page 136 of 258
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.
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.
KO
c. Make arrangements regarding financial compensation for the tree to be removed,
to the satisfaction of the City's Director of Parks & Cemeteries.
14. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The applicant is requesting consent to demolish the existing dwelling and create two (2) new lots for
future residential dwellings.
Page 137 of 258
OCKWAY DRIVE
Proposed Severed and Retained Lots
Location Map: 654 Rockway Drive
Page 138 of 258
REPORT:
BACKGROUND:
The property is identified as a `Community Area' on Map 2 -Urban Structure and is designated `Low
Rise Residential' in the City's 2014 Official Plan.
The property is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1.
The subject property is located near the intersection of Rockway Drive and Doon Road The property
is generally rectangular in shape with a frontage along Rockway Drive. The existing development of
the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and
multiple dwellings as well as a city owned public golf course with a surface parking lot located directly
across the street from the subject lands. Lot sizes vary in width, depth, and area in this neighborhood.
A previous consent application to create three (3) lots and retain one (1) lot for 4 semi-detached
dwellings was refused by the Committee of Adjustment and appealed by the applicant to the Ontario
Land Tribunal (OLT) who dismissed the appeal. The appeal is currently under review.
City Planning staff conducted a site inspection of the property on January 26, 2022.
Existing single detached dwelling at 654 Rockway Drive
Page 139 of 258
Planning Comments:
Consent
The applicant is requesting consent to create two (2) new lots equal in size. To facilitate the
redevelopment of the subject lands the applicant is proposing to demolish the existing single
detached dwelling on the property and replace it with two (2) new single detached dwellings on each
of the severed and retained lands.
The severed lot would have a lot width of 16.5 metres and a lot area of 525 square metres, while the
retained lot would also have a lot width of 16.5 metres, and a lot area of 525 square metres.
Zoning By-law
The subject property is zoned as `Residential Four Zone (R-4)' in Zoning By-law 85-1. The `R-4' zone
permits a range of low density dwelling types such as single detached dwellings. The `R-4' Zone
requires a minimum lot width of 9.0 metres and minimum lot area of 235 square metres for single
detached dwellings. The proposed lot widths and lot areas of the proposed severed and retained
lots will exceed the minimum `R-4' zone lot width and lot area requirements.
Official Plan
The subject lands are designated `Low Rise Residential' (Map 3 — Land Use) in the 2014 Official
Plan. The Low Rise Residential land use designation permits a full range of low density housing
types which may include single detached dwellings, semi-detached dwellings, street townhouse
dwellings, and low-rise multiple dwellings. The `Low Rise Residential' land use designation
encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built
form. The maximum net residential density for lands which are designated Low Rise Residential will
be 30 units per hectare.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"Applications for consent to create new lots will only be granted where
a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary
Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance
has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development pattern
of surrounding lands by taking into consideration lot frontages, areas, and
configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary for
proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
Page 140 of 258
The proposed lot widths and lot areas of the proposed severed and retained lots will exceed the
minimum `R-4' zone lot width and lot area requirements and accordingly minor variances are not
required. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are
suitable for the use of the lands and compatible with the surrounding neighbourhood which is
developed with single detached, semi detached and multiple dwellings with lots sizes that vary in
width, depth, and area. The lands front onto a public street and full services are available. There are
no natural heritage features that would be impacted by the proposed consent application.
Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener
Official Plan.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creations of lots and future single detached dwellings
that are compatible with the surrounding community and will make use of the existing infrastructure.
No new public roads would be required for the proposed development. Planning staff is of the opinion
that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the City's delineated built up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
Page 141 of 258
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Planning Conclusions
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The use of both the severed and retained parcels are in conformity with the City's Official
Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the
proposed lots are suitable for the use of the lands and compatible with the surrounding community.
There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal
is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to
the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of all
existing buildings, as well as construction of all new residential buildings.
Heritage Comments:
There are no heritage planning concerns.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The
Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an
inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process.
The property municipally addressed as 654 Rockway Drive is located within the 'Rockway
Neighbourhood, Gardens and Golf Course CHL. The owner and the public will be consulted as the City
considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and
preparing action plans for each CHL with specific conservation options.
Environmental Planning Comments:
Standard condition on both the severed and retained lands to enter into an agreement to complete
tree preservation / enhancement plan prior to demolition permit issuance.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new service connections that may be required to service this property, all
prior to severance approval. Our records indicate sanitary and water municipal services are
currently available to service this property. Any further enquiries in this regard should be directed
to Christine Goulet (christine. let kitchener.ca).
• The owner shall extend the municipal storm sewer or implement a suitable design solution for a
sump pump outlet to the satisfaction of the Engineering Division.
• Any new driveways are to be built to City of Kitchener standards. All works are at the owner's
expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with
corresponding layer names and asset information to the satisfaction of the Engineering Division
prior to severance approval.
Page 142 of 258
• The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Parks/Operations Comments:
Parkland dedication will be required on the severed parcel as 1 new development lot will be created.
The cash -in -lieu dedication required is $7,590.00. Parkland dedication is calculated at 5% of the
new development lot only, with a land valuation calculated by the lineal frontage (16.5m) at a land
value of $9,200 per frontage meter.
The proposed lot/building/driveway layout will have negative impacts to City -owned street trees and
a revised driveway configuration (both driveways on the east property lines) may reduce the degree
of impact to City owned trees.
City -owned trees will be impacted by the proposed development and the owner shall fulfill one of the
following three requirements:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the
following:
a. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City -owned tree that is located adjacent to the
severed and retained lands, to the satisfaction of the City's Director Parks &
Cemeteries. Said plan shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved. No changes to the said plan shall be granted except with the prior
approval of the City's Director Parks & Cemeteries.
b. The owner shall implement the Tree Protection and Enhancement Plan, prior to
any grading, servicing, tree removal or the issuance of building permits, to the
satisfaction of the City's Director Parks & Cemeteries.
c. The owner shall maintain the severed and retained lands, in accordance with the
approved Tree Protection and Enhancement Plan, for the life the development.
OR
2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the
following:
a. That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City -owned tree to be removed (located adjacent to the
severed and retained lands) with 2 suitable trees, in accordance with the City of
Kitchener Development Manual Standards, to the satisfaction of the City's
Director Parks & Cemeteries. No changes to the said plan shall be granted
except with the prior approval of the City's Director Parks & Cemeteries.
b. The owner shall implement the approved Street Tree Planting Plan, to the
satisfaction of the City's Director Parks & Cemeteries.
M
3. Make arrangements regarding financial compensation for the tree to be removed, to
the satisfaction of the City's Director of Parks & Cemeteries.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
Page 143 of 258
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Report DSD -2021-50 — Consent Applications B2021-021, B2021-022 and B2021-023
Page 144 of 258
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
r M-611 r +1
Community Planning
150 Frerlertic;k'Street 8th Floor
Kitcherier Oritario N2C 4,,1:1 (arsada
ToleSpharse: 519 575-4400
-1 519575-4608
Fax: 5'19-575-4465
www. rogioirofwate rl oo.ea
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Re: Comments for Consent Applications B2022-007, B2022-008, 62022-
009, B2022-010, B2022-012, B2022-013, and B2022-014
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-007
654 Rockway Drive
Adam Szuba (owner); Dave Galbraith (IBI Group — applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two single detached dwellings on the subject property.
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 within close proximity to Charles Street
East and King Street East (Regional Road No. 08) and may have impacts from road
traffic. It is the responsibility of the applicant to ensure the proposed development is not
adversely affected by anticipated transportation (traffic) noise impacts. In lieu of
requiring a transportation noise study, Regional staff agree that the owner/applicant of
the units on all (retained and severed) lots will be required to enter into a registered
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:
Document Number: 3933004
Page 145 of 258
a) The dwelling will be fitted with force air -ducted heating system suitably sized and
designed with the provision for the installation of air conditioning in the future, at
the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to increasing
road traffic on Charles Street East/ King Street East may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
the Environment Conservation and Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
c) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
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.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following clauses in all agreements of Offers of Purchase and
Sale, lease/rental agreements:
a) The dwelling will be fitted with force air -ducted heating system suitably sized
and designed with the provision for the installation of air conditioning in the
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
Page 146 of 258
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Charles Street East/ King Street East may
occasionally interfere with some activities of the dwelling occupants as
the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks
(MECP) ".
"This dwelling has been fitted with a forced air -ducted heating system
and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP) ".
c) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, the
City of Kitchener's Building Inspector will certify that the dwelling units have
been constructed accordingly.
:JQ01*Z1111-3
442 Old Chicopee Trail
Ewa Munch and John Brodrecht (owners) / Nicolette van Oyen and Pierre Chauvin
(MHBC Planning -Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two new single detached dwellings on the subject property. It was
indicated on the application that the land was previously subject to consent application
B2020-029 and those conditions lapsed on September 25, 2021.
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. Regional staff note
that a valid notice was obtained on July 2, 2020 in support of consent application
Document Number: 3933004
Page 147 of 258
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https:fftaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise and Airport:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircrafts. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres
from Fairway Road North (Regional Road No. 53) and may be impacted by
transportation noise. However, a transportation noise study will not be required due to
the existing intervening developments in the vicinity. As a result, the owner/applicant will
be required to enter into an agreement with the Region of Waterloo that must be
registered on title prior to final approval. The agreement must be to the satisfaction of
the Region of Waterloo and require the inclusion of the following noise warning clauses
in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the
severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
The owner/applicant of the units will be required to enter into a registered 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 retained lands-
"Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
Archaeological Assessment (Advisory Comments):
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
Document Number: 3933004
Page 148 of 258
to the proximity of registered archaeological resources, the owner/applicant should be
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in compliance
with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
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.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
the Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
Document Number: 3933004
Page 149 of 258
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands-
"Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
B2022-009
114 Doon Valley Drive
Luke and David Robinson and Kelly Neuber (Owners) / Della Ross (MHBC
Planning — Applicant)
The owner/applicant is proposing a lot addition from 114 Doon Valley Drive to 136 Doon
Valley Drive to square off the property at 136 Doon Valley Drive. No new development
is proposed at this time.
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 (Advisory Comments):
Regional staff note that the proposed severed lands are not anticipated to be developed
at this time and are also located at the back of the lot, which is a substantial distance
from Conestoga College Boulevard, a potential noise source. For these reasons, the
severed lands are not expected to have impacts from road noise and there are no
concerns relating to environmental noise. However, as noted in the cover letter for the
application, the approved development concept for 136 Doon Valley Drive must go
through site plan approval and Regional staff would like to remind the owner/applicant
that this application must be circulated to the Region for review at such time in the
future.
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.
Document Number: 3933004
Page 150 of 258
B2022-010
113 Walter Street
2193907 Ontario Inc c/o Jim Slawich
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new semi-detached duplex building.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
B2022-012 and B2022-013
20 Breithaupt Street
23008559 Ontario Ltd. and Breithaupt Phase III Inc. (owners) / Adrianne Bobechko
and Nikita Thompson — Perimeter (applicant)
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to
allow partial discharge(s) of mortgage(s) on the severed lands. These consent
applications will realign the property boundary between 20 Breithaupt Street and 30
Breithaupt Street and support the future development of a 4 -storey building on 30
Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed
on the subject lands given the purpose of the consent applications. However, should
noise sensitive development be proposed for the subject lands, Regional staff advise
that there would be noise impacts from nearby environmental noise sources (road traffic
and rail) in the vicinity.
Document Number: 3933004
Page 151 of 258
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 consent application.
B2022-014
81 Shanley Street
Copper Bay Homes Ltd c/o Tommy Rakic
The owner/applicant is proposing to demolish the existing dwelling and sever the lot into
two parcels to construct a new semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
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: 3933004
Page 152 of 258
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February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 153 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 154 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 4, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD -2022-069
SUBJECT: Consent Application B2022-008
442 Old Chicopee Trail
Owner: John Brodrecht & Ewa Munch
Applicant: Nicolette van Oyen, MHBC Planning
RECOMMENDATION:
That application B2022-008 for consent to sever a parcel of land having a width of 18.2 m, a
depth of 49.6 metres and an area of 908.5 square metres, for use as a single detached
dwelling, 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'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.
3. That the owner provides a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s). The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City's Mapping Technologist.
4. That 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 the Director of
Operations, and where necessary, implemented prior to any grading, tree
removal or the issuance of any building permits. Such plans shall include,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 155 of 258
among other matters, the identification of a proposed building envelope/work
zone, landscaped area and vegetation (including street trees) 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 and the Director of Parks and Cemeteries.
c) That the Owner ensures any boulevard trees identified by the City for retention
are protected during construction to the satisfaction of the City's Operations
and Planning. That prior to the issuance of any building permit, the Owner
makes satisfactory arrangements financial or otherwise for any
relocation/removal of any existing boulevard trees adjacent to the subject
property to the satisfaction of the City's Parks and Cemeteries.
5. 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:
L 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.
X0
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:
L 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.
�eu
Page 156 of 258
c. Make arrangements regarding financial compensation for the tree to be
removed, to the satisfaction of the City's Director of Parks & Cemeteries.
6. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
7. That prior to final approval, the owner/applicant must submit a valid section 59
notice.
8. That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands:
a. "Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) 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)."
b. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
9. That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands:
a. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
REPORT HIGHLIGHTS:
The applicant is requesting to create one new lot and retain one lot to be used for single detached
dwellings. The property went through the severance process in 2020, however the conditions lapsed,
and the owner is now reapplying for the same severance of the property. The single detached
dwelling, located on both the severed and retained lots was demolished, and a new single detached
dwelling was constructed on the proposed retained lands in 2020.
Page 157 of 258
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Page 158 of 258
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Page 158 of 258
BACKGROUND:
The property is identified as `Community Areas' on Map 2 — Urban Structure and designated as `Low
Rise Residential' in the City's 2014 Official Plan.
The property is dual zoned `Residential Three Zone (R-3)' and `Residential Four Zone (R-4)' in
Zoning By-law 85-1. The majority of the property is zoned `R-3', while the `R-4' zone only affects a
small portion of the rear of the subject lands.
The subject property is located near the intersection of Old Chicopee Trail and Fairway Road. The
existing development of the neighbourhood consists of a majority of single detached dwellings. Lot
sizes vary in width, depth, and area in this neighborhood.
City Planning staff conducted a site inspection of the property on January 31, 2021
New single detached dwelling on existing lot at 442 Old Chicopee Tr.
REPORT:
Planning Comments:
Consent
The applicant is requesting consent to create one new lot and one retained lot. To facilitate the
redevelopment of the subject lands the applicant has demolished the existing single detached
dwelling on the property and has replaced it with a new single detached dwelling sited on the lands
to be retained.
The Owner is requesting consent to sever the subject lands into two lots. The severed lot would
have a lot width of 18.2 metres, a depth of 52.1 metres, and an approximate area of 953 square
metres, while the retained lot would have a lot width of 21.9 metres, a depth of 74.7 metres, and an
approximate area of 1,300 square metres.
Page 159 of 258
Zoning By-law
The subject property is zoned `Residential Three Zone (R-3)' and `Residential Four Zone (R-4)' in
Zoning By-law 85-1. The `R-3' and `R-4' zones permit a range of low density dwelling types such as
single detached dwellings. The `R-3' Zone requires a minimum lot width of 13.7 metres and minimum
lot area of 411 square metres for single detached dwellings. The proposed lot widths and lot areas
of the proposed severed and retained lots exceed the minimum `R-3' zone lot width and lot area
requirements.
Official Plan
The subject lands are designated `Low Rise Residential' (Map 3 — Land Use) in the 2014 Official
Plan. The `Low Rise Residential' land use designation permits a full range of low density housing
types which may include single detached dwellings, semi-detached dwellings, street townhouse
dwellings, and low-rise multiple dwellings. The `Low Rise Residential' land use designation
encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built
form. The maximum net residential density for lands which are designated Low Rise Residential will
be 30 units per hectare.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary
Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has
been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development pattern
of surrounding lands by taking into consideration lot frontages, areas, and
configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper
and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The proposed lot widths and lot areas of the proposed severed and retained lots will exceed the
minimum requirements for lot width and lot area in the `R-3' zone. Minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area.
The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application. Planning staff is of the opinion
that the proposed severance conforms with the City of Kitchener Official Plan.
Page 160 of 258
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creations of lots and future single detached dwellings
that are compatible with the surrounding community and will make use of the existing infrastructure.
No new public roads would be required for the proposed development. Planning staff is of the opinion
that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the City's delineated built up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Planning Conclusions
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape
of the proposed lots are suitable for the use of the lands and compatible with the surrounding
Page 161 of 258
community. There are existing schools within the neighbourhood. Staff is further of the opinion that
the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement,
conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the
public interest.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the construction of the
new residential buildings.
Heritage Comments:
Heritage Planning staff does not have any concerns with the proposed application.
Environmental Planning Comments:
Standard condition on both the severed and retained lands to enter into an agreement to complete
tree preservation / enhancement plan prior to demolition permit issuance.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
• Servicing already addressed through offsite works as part of the B2020-029 application.
• Engineering has no further comments.
Parks/Operations Comments:
Parkland Dedication of $8412.48 has been paid for the creation of this lot associated with application
B2020-029 and no further dedication is required.
A City -owned tree is located on the boulevard of the severed parcel and may be impacted by
future building/driveway layout. The owner shall fulfill one of the following three requirements:
KO
Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the
following:
a. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City -owned tree that is located adjacent to the
severed and retained lands, to the satisfaction of the City's Director Parks &
Cemeteries. Said plan shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved. No changes to the said plan shall be granted except with the prior
approval of the City's Director Parks & Cemeteries.
b. The owner shall implement the Tree Protection and Enhancement Plan, prior to
any grading, servicing, tree removal or the issuance of building permits, to the
satisfaction of the City's Director Parks & Cemeteries.
c. The owner shall maintain the severed and retained lands, in accordance with the
approved Tree Protection and Enhancement Plan, for the life the development.
Page 162 of 258
2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the
following:
a. That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City -owned tree to be removed (located adjacent to the
severed and retained lands) with 2 suitable trees, in accordance with the City of
Kitchener Development Manual Standards, to the satisfaction of the City's
Director Parks & Cemeteries. No changes to the said plan shall be granted
except with the prior approval of the City's Director Parks & Cemeteries.
b. The owner shall implement the approved Street Tree Planting Plan, to the
satisfaction of the City's Director Parks & Cemeteries.
3. Make arrangements regarding financial compensation for the tree to be removed, to
the satisfaction of the City's Director of Parks & Cemeteries.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
B2020-029 - Consent application
Page 163 of 258
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
r M-611 r +1
Community Planning
150 Frerlertic;k'Street 8th Floor
Kitcherier Oritario N2C 4,,1:1 (arsada
ToleSpharse: 519 575-4400
-1 519575-4608
Fax: 5'19-575-4465
www. rogioirofwate rl oo.ea
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Re: Comments for Consent Applications B2022-007, B2022-008, 62022-
009, B2022-010, B2022-012, B2022-013, and B2022-014
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-007
654 Rockway Drive
Adam Szuba (owner); Dave Galbraith (IBI Group — applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two single detached dwellings on the subject property.
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 within close proximity to Charles Street
East and King Street East (Regional Road No. 08) and may have impacts from road
traffic. It is the responsibility of the applicant to ensure the proposed development is not
adversely affected by anticipated transportation (traffic) noise impacts. In lieu of
requiring a transportation noise study, Regional staff agree that the owner/applicant of
the units on all (retained and severed) lots will be required to enter into a registered
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:
Document Number: 3933004
Page 164 of 258
a) The dwelling will be fitted with force air -ducted heating system suitably sized and
designed with the provision for the installation of air conditioning in the future, at
the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to increasing
road traffic on Charles Street East/ King Street East may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
the Environment Conservation and Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
c) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
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.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following clauses in all agreements of Offers of Purchase and
Sale, lease/rental agreements:
a) The dwelling will be fitted with force air -ducted heating system suitably sized
and designed with the provision for the installation of air conditioning in the
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
Page 165 of 258
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Charles Street East/ King Street East may
occasionally interfere with some activities of the dwelling occupants as
the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks
(MECP) ".
"This dwelling has been fitted with a forced air -ducted heating system
and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP) ".
c) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, the
City of Kitchener's Building Inspector will certify that the dwelling units have
been constructed accordingly.
:JQ01*Z1111-3
442 Old Chicopee Trail
Ewa Munch and John Brodrecht (owners) / Nicolette van Oyen and Pierre Chauvin
(MHBC Planning -Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two new single detached dwellings on the subject property. It was
indicated on the application that the land was previously subject to consent application
B2020-029 and those conditions lapsed on September 25, 2021.
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. Regional staff note
that a valid notice was obtained on July 2, 2020 in support of consent application
Document Number: 3933004
Page 166 of 258
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https:fftaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise and Airport:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircrafts. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres
from Fairway Road North (Regional Road No. 53) and may be impacted by
transportation noise. However, a transportation noise study will not be required due to
the existing intervening developments in the vicinity. As a result, the owner/applicant will
be required to enter into an agreement with the Region of Waterloo that must be
registered on title prior to final approval. The agreement must be to the satisfaction of
the Region of Waterloo and require the inclusion of the following noise warning clauses
in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the
severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
The owner/applicant of the units will be required to enter into a registered 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 retained lands-
"Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
Archaeological Assessment (Advisory Comments):
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
Document Number: 3933004
Page 167 of 258
to the proximity of registered archaeological resources, the owner/applicant should be
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in compliance
with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
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.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
the Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
Document Number: 3933004
Page 168 of 258
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands-
"Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
B2022-009
114 Doon Valley Drive
Luke and David Robinson and Kelly Neuber (Owners) / Della Ross (MHBC
Planning — Applicant)
The owner/applicant is proposing a lot addition from 114 Doon Valley Drive to 136 Doon
Valley Drive to square off the property at 136 Doon Valley Drive. No new development
is proposed at this time.
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 (Advisory Comments):
Regional staff note that the proposed severed lands are not anticipated to be developed
at this time and are also located at the back of the lot, which is a substantial distance
from Conestoga College Boulevard, a potential noise source. For these reasons, the
severed lands are not expected to have impacts from road noise and there are no
concerns relating to environmental noise. However, as noted in the cover letter for the
application, the approved development concept for 136 Doon Valley Drive must go
through site plan approval and Regional staff would like to remind the owner/applicant
that this application must be circulated to the Region for review at such time in the
future.
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.
Document Number: 3933004
Page 169 of 258
B2022-010
113 Walter Street
2193907 Ontario Inc c/o Jim Slawich
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new semi-detached duplex building.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
B2022-012 and B2022-013
20 Breithaupt Street
23008559 Ontario Ltd. and Breithaupt Phase III Inc. (owners) / Adrianne Bobechko
and Nikita Thompson — Perimeter (applicant)
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to
allow partial discharge(s) of mortgage(s) on the severed lands. These consent
applications will realign the property boundary between 20 Breithaupt Street and 30
Breithaupt Street and support the future development of a 4 -storey building on 30
Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed
on the subject lands given the purpose of the consent applications. However, should
noise sensitive development be proposed for the subject lands, Regional staff advise
that there would be noise impacts from nearby environmental noise sources (road traffic
and rail) in the vicinity.
Document Number: 3933004
Page 170 of 258
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 consent application.
B2022-014
81 Shanley Street
Copper Bay Homes Ltd c/o Tommy Rakic
The owner/applicant is proposing to demolish the existing dwelling and sever the lot into
two parcels to construct a new semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
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: 3933004
Page 171 of 258
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v Rm 519 ()2 I 4844 www,grandriveirxa
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February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
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Page 172 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 173 of 258
Staffeeport
I
KT-Ci iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD -2022-083
SUBJECT: Consent application B2022-009
114 Doon Valley Drive
Owners: Luke Robinson, David Robinson, Kelly Neuber
Applicant: Della Ross, MHBC Planning
RECOMMENDATION:
That application B2022-009 for consent to allow for a lot addition from 114 Doon Valley Drive
to be conveyed to the property municipally addressed as 136 Doon Valley Drive, be deferred
until such time as staff have received direction from the Ontario Land Tribunal (OLT) on how
to proceed with Consent Application B2022-009.
REPORT:
The consent application proposes a small lot addition from 114 Doon Valley Drive to be conveyed
to 136 Doon Valley Drive. 136 Doon Valley Drive was subject to an Ontario Land Tribunal (OLT)
Hearing and Minutes of Settlement. Staff are seeking direction from the OLT on how to proceed with
this application. Until staff have received direction from the OLT, staff is recommending a deferral of
the lot addition Consent Application B2022-009.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 174 of 258
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
r M-611 r +1
Community Planning
150 Frerlertic;k'Street 8th Floor
Kitcherier Oritario N2C 4,,1:1 (arsada
ToleSpharse: 519 575-4400
-1 519575-4608
Fax: 5'19-575-4465
www. rogioirofwate rl oo.ea
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Re: Comments for Consent Applications B2022-007, B2022-008, 62022-
009, B2022-010, B2022-012, B2022-013, and B2022-014
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-007
654 Rockway Drive
Adam Szuba (owner); Dave Galbraith (IBI Group — applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two single detached dwellings on the subject property.
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 within close proximity to Charles Street
East and King Street East (Regional Road No. 08) and may have impacts from road
traffic. It is the responsibility of the applicant to ensure the proposed development is not
adversely affected by anticipated transportation (traffic) noise impacts. In lieu of
requiring a transportation noise study, Regional staff agree that the owner/applicant of
the units on all (retained and severed) lots will be required to enter into a registered
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:
Document Number: 3933004
Page 175 of 258
a) The dwelling will be fitted with force air -ducted heating system suitably sized and
designed with the provision for the installation of air conditioning in the future, at
the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to increasing
road traffic on Charles Street East/ King Street East may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
the Environment Conservation and Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
c) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
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.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following clauses in all agreements of Offers of Purchase and
Sale, lease/rental agreements:
a) The dwelling will be fitted with force air -ducted heating system suitably sized
and designed with the provision for the installation of air conditioning in the
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
Page 176 of 258
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Charles Street East/ King Street East may
occasionally interfere with some activities of the dwelling occupants as
the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks
(MECP) ".
"This dwelling has been fitted with a forced air -ducted heating system
and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP) ".
c) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, the
City of Kitchener's Building Inspector will certify that the dwelling units have
been constructed accordingly.
:JQ01*Z1111-3
442 Old Chicopee Trail
Ewa Munch and John Brodrecht (owners) / Nicolette van Oyen and Pierre Chauvin
(MHBC Planning -Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two new single detached dwellings on the subject property. It was
indicated on the application that the land was previously subject to consent application
B2020-029 and those conditions lapsed on September 25, 2021.
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. Regional staff note
that a valid notice was obtained on July 2, 2020 in support of consent application
Document Number: 3933004
Page 177 of 258
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https:fftaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise and Airport:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircrafts. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres
from Fairway Road North (Regional Road No. 53) and may be impacted by
transportation noise. However, a transportation noise study will not be required due to
the existing intervening developments in the vicinity. As a result, the owner/applicant will
be required to enter into an agreement with the Region of Waterloo that must be
registered on title prior to final approval. The agreement must be to the satisfaction of
the Region of Waterloo and require the inclusion of the following noise warning clauses
in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the
severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
The owner/applicant of the units will be required to enter into a registered 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 retained lands-
"Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
Archaeological Assessment (Advisory Comments):
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
Document Number: 3933004
Page 178 of 258
to the proximity of registered archaeological resources, the owner/applicant should be
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in compliance
with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
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.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
the Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
Document Number: 3933004
Page 179 of 258
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands-
"Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
B2022-009
114 Doon Valley Drive
Luke and David Robinson and Kelly Neuber (Owners) / Della Ross (MHBC
Planning — Applicant)
The owner/applicant is proposing a lot addition from 114 Doon Valley Drive to 136 Doon
Valley Drive to square off the property at 136 Doon Valley Drive. No new development
is proposed at this time.
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 (Advisory Comments):
Regional staff note that the proposed severed lands are not anticipated to be developed
at this time and are also located at the back of the lot, which is a substantial distance
from Conestoga College Boulevard, a potential noise source. For these reasons, the
severed lands are not expected to have impacts from road noise and there are no
concerns relating to environmental noise. However, as noted in the cover letter for the
application, the approved development concept for 136 Doon Valley Drive must go
through site plan approval and Regional staff would like to remind the owner/applicant
that this application must be circulated to the Region for review at such time in the
future.
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.
Document Number: 3933004
Page 180 of 258
B2022-010
113 Walter Street
2193907 Ontario Inc c/o Jim Slawich
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new semi-detached duplex building.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
B2022-012 and B2022-013
20 Breithaupt Street
23008559 Ontario Ltd. and Breithaupt Phase III Inc. (owners) / Adrianne Bobechko
and Nikita Thompson — Perimeter (applicant)
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to
allow partial discharge(s) of mortgage(s) on the severed lands. These consent
applications will realign the property boundary between 20 Breithaupt Street and 30
Breithaupt Street and support the future development of a 4 -storey building on 30
Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed
on the subject lands given the purpose of the consent applications. However, should
noise sensitive development be proposed for the subject lands, Regional staff advise
that there would be noise impacts from nearby environmental noise sources (road traffic
and rail) in the vicinity.
Document Number: 3933004
Page 181 of 258
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 consent application.
B2022-014
81 Shanley Street
Copper Bay Homes Ltd c/o Tommy Rakic
The owner/applicant is proposing to demolish the existing dwelling and sever the lot into
two parcels to construct a new semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
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: 3933004
Page 182 of 258
/ Admrflrmq�r�a'don Ceinl.ire"� 40C) r lyde Ruud, F'0, `,c)x /29 C:am[n!d(.c,, (::)IU IU1 C3 .'M6
Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
tionw,
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 183 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 184 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD -2022-081
SUBJECT: Consent Application B2022-010 - 113 Walter Street
Owner: 2193907 Ontario Inc.
Applicant: Jim Slawich
That application B2022-010 for consent to sever a parcel of land having a lot width of 7.6
metres, a depth of 44.1 metres and an area of 336.8 square metres, be approved subject to
the following conditions:
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'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.
3. That the owner provides a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s). The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City's Mapping Technologist.
4. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $3,503.20. The parkland
dedication is calculated at the residential rate of 5%, with a land valuation calculated
by the linear frontage of (7.62 metres) at a land value of $9,200.00 per frontage
meter for the severed portion.
5. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
6. That any new driveways are to be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's
Engineering Division.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 185 of 258
7. That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
8. That the Owner submits 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 Director of Engineering Services.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then
the ownerwould 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 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 the Director of
Operations, and where necessary, implemented prior to any grading, tree
removal or the issuance of any building permits. Such plans shall include,
among other matters, the identification of a proposed building envelope/work
zone, landscaped area and vegetation (including street trees) 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 and the Director of Parks and Cemeteries.
c) That the Owner ensures any boulevard trees identified by the City for retention
are protected during construction to the satisfaction of the City's Director of
Parks and Cemeteries and the City's Director of Planning. That prior to the
issuance of any building permit, the Owner makes satisfactory arrangements
financial or otherwise for any relocation/removal of any existing boulevard
trees adjacent to the subject property to the satisfaction of the City's Parks and
Cemeteries.
11. That the Owner obtains a demolition permit for the existing duplex dwelling proposed
to be demolished, to the satisfaction of the Chief Building Official.
12. 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:
L 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
Page 186 of 258
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.
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.
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c. Make arrangements regarding financial compensation for the tree to be
removed, to the satisfaction of the City's Director of Parks & Cemeteries.
13. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The application is requesting to sever the subject lands into two lots to build a semi-detached duplex
dwelling.
Page 187 of 258
Location Map: 113 Walter Street
BACKGROUND:
The subject property is located on Walter Street and is identified as a `Major Transit Station Area' on
Map 2 - Urban Structure in the 2014 Official Plan and designated `Low Rise Conservation' in the K-
W Hospital Secondary Plan in the City's 1994 Official Plan.
The property is zoned as `Residential Five Zone (R-5)' in Zoning By-law 85-1.
REPORT:
Planning Comments:
The applicant is requesting consent to create one new lot and retain one lot equal in size. To facilitate
the redevelopment of the subject lands the applicant is proposing to demolish the existing duplex
dwelling on the property and replace it with a semi-detached duplex dwelling.
Both the severed and retained lots would have a lot width of 7.62 metres, a depth of 44.19 metres,
and an area of 336 square metres.
City Planning staff conducted a site inspection of the property on January 24, 2022
Page 188 of 258
Existing Duplex Dwelling at 113 Walter Street (January 24, 2022)
Zoninq 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 semi detached duplex dwellings. The `R-5'
Zone requires a minimum lot width of 7.5 metres and minimum lot area of 235 square metres for
semi detached duplex dwellings. The proposed lot widths and lot areas of the proposed severed and
retained lots exceed the minimum `R-5' zone lot width and lot area requirements.
Official Plan
The subject lands are designated `Low Rise Conservation' within the K -W Hospital Secondary Plan
in the 1994 Official Plan. The Low Rise Conservation land use designation permits a full range of
low density housing types. The Low Rise Conservation designation aims to preserve the existing
low rise scale of the neighbourhood.
The proposed severance and use would conform with the residential land use designation.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"Applications for consent to create new lots will only be granted where:
Page 189 of 258
a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary
Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance
has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development pattern
of surrounding lands by taking into consideration lot frontages, areas, and
configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary for
proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum R-5 zone lot width and lot area requirements and minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area. The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application. The proposed building will
retain the scale of the existing neighbourhood.
Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener
Official Plan.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creations of lots and future semi-detached duplex
dwellings that are compatible with the surrounding community and will make use of the existing
infrastructure. No new public roads would be required for the proposed development. Planning staff
is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
Page 190 of 258
viability and active transportation. The subject lands are in close proximity to high order transit and
the subject lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the City's delineated built up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Planning Conclusions
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape
of the proposed lots are suitable for the use of the lands and compatible with the surrounding
community. There are existing schools within the neighbourhood. Staff is further of the opinion that
the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement,
conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the
public interest.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of the
existing building, as well as construction of the new residential buildings.
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
The standard condition will be required for the owner to enter into an agreement registered on title
of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be
submitted and approved before a building/demolition permit will be issued.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Page 191 of 258
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service connections
for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division for
the installation of new service connections that may be required to service this property, all prior to
severance approval. Our records indicate municipal services are currently available to service this
property. Any further enquiries in this regard should be directed to Christine Goulet
(christine.goulet kitchener.ca).
Any new driveways are to be built to City of Kitchener standards. All works are at the owner's
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction
of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with
corresponding layer names and asset information to the satisfaction of the Engineering Division prior
to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to the
street sewers. If this is not the case, then the owner would have to pump the sewage via a pump
and forcemain to the property line and have a gravity sewer from the property line to the street.
Parks /Operations Comments:
Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash -in -lieu dedication required is $3503.20. Park Dedication is calculated at
5% of the new development lots only, with a land valuation calculated by the linear frontage of
(7.625m) at a land value of $9,200 per frontage meter.
A City -owned tree is located on the boulevard and may be impacted by future building/driveway
layout. The owner shall fulfill one of the following three requirements:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the following:
ME
a. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City -owned tree that is located adjacent to the
severed and retained lands, to the satisfaction of the City's Director Parks &
Cemeteries. Said plan shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved. No changes to the said plan shall be granted except with the prior approval
of the City's Director Parks & Cemeteries.
b. The owner shall implement the Tree Protection and Enhancement Plan, prior to any
grading, servicing, tree removal or the issuance of building permits, to the satisfaction
of the City's Director Parks & Cemeteries.
c. The owner shall maintain the severed and retained lands, in accordance with the
approved Tree Protection and Enhancement Plan, for the life the development.
2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the following:
a. That the owner shall prepare a Street Tree Planting Plan that shows the replacement
of the City -owned tree to be removed (located adjacent to the severed and retained
Page 192 of 258
IV
lands) with 2 suitable trees, in accordance with the City of Kitchener Development
Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No
changes to the said plan shall be granted except with the prior approval of the City's
Director Parks & Cemeteries.
b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction
of the City's Director Parks & Cemeteries.
3. Make arrangements regarding financial compensation for the tree to be removed, to the
satisfaction of the City's Director of Parks & Cemeteries.
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Proposed Lot Fabric
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
None.
Page 193 of 258
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
r M-611 r +1
Community Planning
150 Frerlertic;k'Street 8th Floor
Kitcherier Oritario N2C 4,,1:1 (arsada
ToleSpharse: 519 575-4400
-1 519575-4608
Fax: 5'19-575-4465
www. rogioirofwate rl oo.ea
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Re: Comments for Consent Applications B2022-007, B2022-008, 62022-
009, B2022-010, B2022-012, B2022-013, and B2022-014
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-007
654 Rockway Drive
Adam Szuba (owner); Dave Galbraith (IBI Group — applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two single detached dwellings on the subject property.
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 within close proximity to Charles Street
East and King Street East (Regional Road No. 08) and may have impacts from road
traffic. It is the responsibility of the applicant to ensure the proposed development is not
adversely affected by anticipated transportation (traffic) noise impacts. In lieu of
requiring a transportation noise study, Regional staff agree that the owner/applicant of
the units on all (retained and severed) lots will be required to enter into a registered
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:
Document Number: 3933004
Page 194 of 258
a) The dwelling will be fitted with force air -ducted heating system suitably sized and
designed with the provision for the installation of air conditioning in the future, at
the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to increasing
road traffic on Charles Street East/ King Street East may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
the Environment Conservation and Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
c) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
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.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following clauses in all agreements of Offers of Purchase and
Sale, lease/rental agreements:
a) The dwelling will be fitted with force air -ducted heating system suitably sized
and designed with the provision for the installation of air conditioning in the
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
Page 195 of 258
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Charles Street East/ King Street East may
occasionally interfere with some activities of the dwelling occupants as
the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks
(MECP) ".
"This dwelling has been fitted with a forced air -ducted heating system
and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP) ".
c) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, the
City of Kitchener's Building Inspector will certify that the dwelling units have
been constructed accordingly.
:JQ01*Z1111-3
442 Old Chicopee Trail
Ewa Munch and John Brodrecht (owners) / Nicolette van Oyen and Pierre Chauvin
(MHBC Planning -Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two new single detached dwellings on the subject property. It was
indicated on the application that the land was previously subject to consent application
B2020-029 and those conditions lapsed on September 25, 2021.
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. Regional staff note
that a valid notice was obtained on July 2, 2020 in support of consent application
Document Number: 3933004
Page 196 of 258
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https:fftaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise and Airport:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircrafts. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres
from Fairway Road North (Regional Road No. 53) and may be impacted by
transportation noise. However, a transportation noise study will not be required due to
the existing intervening developments in the vicinity. As a result, the owner/applicant will
be required to enter into an agreement with the Region of Waterloo that must be
registered on title prior to final approval. The agreement must be to the satisfaction of
the Region of Waterloo and require the inclusion of the following noise warning clauses
in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the
severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
The owner/applicant of the units will be required to enter into a registered 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 retained lands-
"Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
Archaeological Assessment (Advisory Comments):
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
Document Number: 3933004
Page 197 of 258
to the proximity of registered archaeological resources, the owner/applicant should be
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in compliance
with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
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.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
the Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
Document Number: 3933004
Page 198 of 258
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands-
"Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
B2022-009
114 Doon Valley Drive
Luke and David Robinson and Kelly Neuber (Owners) / Della Ross (MHBC
Planning — Applicant)
The owner/applicant is proposing a lot addition from 114 Doon Valley Drive to 136 Doon
Valley Drive to square off the property at 136 Doon Valley Drive. No new development
is proposed at this time.
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 (Advisory Comments):
Regional staff note that the proposed severed lands are not anticipated to be developed
at this time and are also located at the back of the lot, which is a substantial distance
from Conestoga College Boulevard, a potential noise source. For these reasons, the
severed lands are not expected to have impacts from road noise and there are no
concerns relating to environmental noise. However, as noted in the cover letter for the
application, the approved development concept for 136 Doon Valley Drive must go
through site plan approval and Regional staff would like to remind the owner/applicant
that this application must be circulated to the Region for review at such time in the
future.
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.
Document Number: 3933004
Page 199 of 258
B2022-010
113 Walter Street
2193907 Ontario Inc c/o Jim Slawich
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new semi-detached duplex building.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
B2022-012 and B2022-013
20 Breithaupt Street
23008559 Ontario Ltd. and Breithaupt Phase III Inc. (owners) / Adrianne Bobechko
and Nikita Thompson — Perimeter (applicant)
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to
allow partial discharge(s) of mortgage(s) on the severed lands. These consent
applications will realign the property boundary between 20 Breithaupt Street and 30
Breithaupt Street and support the future development of a 4 -storey building on 30
Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed
on the subject lands given the purpose of the consent applications. However, should
noise sensitive development be proposed for the subject lands, Regional staff advise
that there would be noise impacts from nearby environmental noise sources (road traffic
and rail) in the vicinity.
Document Number: 3933004
Page 200 of 258
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 consent application.
B2022-014
81 Shanley Street
Copper Bay Homes Ltd c/o Tommy Rakic
The owner/applicant is proposing to demolish the existing dwelling and sever the lot into
two parcels to construct a new semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
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: 3933004
Page 201 of 258
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February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 202 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 203 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD -2022-082
SUBJECT: Consent Application B2022-011 - 44 Wilhelm Street
Owner: Bojan and Dijana Divkovic
Applicant: Bojan Divkovic
RECOMMENDATION:
That application B2022-011 for consent to sever a parcel of land having a lot width of 7.6
metres, a depth of 36.6 metres and a lot area of 291.4 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 property(ies) to the satisfaction of
the City's Revenue Division.
2. 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.
3. That the owner provides a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s). The digital file needs to be
submitted according to the City of Kitchener's Digital Submission Standards to the
satisfaction of the City's Mapping Technologist.
4. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $3,503.20. The parkland
dedication is calculated at the residential rate of 5%, with a land valuation calculated
by the linear frontage of (7.62 metres) at a land value of $9,200.00 per frontage
meter.
5. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 204 of 258
6. That any new driveways are to be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's
Engineering Division.
7. That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
8. That the Owner submits 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 Director of Engineering Services.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then
the ownerwould 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 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 the Director of
Operations, and where necessary, implemented prior to any grading, tree
removal or the issuance of any building permits. Such plans shall include,
among other matters, the identification of a proposed building envelope/work
zone, landscaped area and vegetation (including street trees) 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 and the Director of Parks and Cemeteries.
c) That the Owner ensures any boulevard trees identified by the City for retention
are protected during construction to the satisfaction of the City's Director of
Parks and Cemeteries and the City's Director of Planning. That prior to the
issuance of any building permit, the Owner makes satisfactory arrangements
financial or otherwise for any relocation/removal of any existing boulevard
trees adjacent to the subject property to the satisfaction of the City's Parks and
Cemeteries.
11. That the Owner obtains a demolition permit for the existing single detached dwelling
proposed to be demolished, to the satisfaction of the Chief Building Official.
12. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The application is requesting to sever the subject lands into two lots to build a semi-detached duplex
dwelling.
Page 205 of 258
Location Map: 44 Wilhelm Street
BACKGROUND:
The subject property is located on Wilhelm Street, near the intersection of Weber Street West and
Wilhelm Street, and is identified as a `Major Transit Station Area' on Map 2 - Urban Structure and
designated as `Low Rise Residential' in the 2014 Official Plan.
The property is zoned as `Residential Five Zone (R-5)' in Zoning By-law 85-1.
REPORT:
The applicant is requesting consent to create one new lot and retain one lot equal in size. To facilitate
the redevelopment of the subject lands the applicant is proposing to demolish the existing single
detached dwelling on the property and replace it with a semi-detached duplex dwelling.
The severed lot would have a lot width of 7.6 metres, a depth of 38.5 metres, and an area of 291
square metres. The retained lot would have a lot width of 7.6 metres, a depth of 40.41 metres, and
an area of 306 square metres.
City Planning staff conducted a site inspection of the property on January 27, 2022.
Page 206 of 258
Existing Single Detached Dwelling at 44 Wilhelm Street (January 27, 2022)
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 semi-detached duplex dwellings. The `R-5'
Zone requires a minimum lot width of 7.5 metres and minimum lot area of 235 square metres for
semi-detached duplex dwellings. The proposed lot widths and lot areas of the proposed severed and
retained lots exceed the minimum `R-5' zone lot width and lot area requirements.
Official Plan
The subject lands are designated `Low Rise Residential' (Map 3 — Land Use) in the 2014 Official
Plan. The Low Rise Residential land use designation permits a full range of low density housing
Page 207 of 258
types which may include single detached dwellings, semi-detached duplex dwellings, street
townhouse dwellings, and low-rise multiple dwellings. The Low Rise Residential land use
designation encourages mixing and integrating different forms of housing to achieve and maintain a
low-rise built form. The maximum net residential density for lands which are designated Low Rise
Residential will be 30 units per hectare.
The proposed severance and use would conform with the residential land use designation.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary
Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has
been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development pattern
of surrounding lands by taking into consideration lot frontages, areas, and
configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper
and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum `R-5' zone lot width and lot area requirements and minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area. The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application.
Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener
Official Plan.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
Page 208 of 258
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creations of lots and future semi-detached duplex
dwellings that are compatible with the surrounding community and will make use of the existing
infrastructure. No new public roads would be required for the proposed development. Planning staff
is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to high order transit and
the subject lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the City's delineated built up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Planning Conclusions:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape
of the proposed lots are suitable for the use of the lands and compatible with the surrounding
community. There are existing schools within the neighbourhood. Staff is further of the opinion that
the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement,
conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the
public interest.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of the
existing building, as well as construction of the new residential buildings.
Page 209 of 258
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Proposed Lot Fabric
Heritage Comments:
There are no heritage planning concerns.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by
The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish
an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation
process. The property municipally addressed as 44 Wilhelm Street is located within the `Mount Hope
/ Breithaupt Neighbourhood CHL'. The owner and the public will be consulted as the City considers
listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing
action plans for each CHL with specific conservation options.
Environmental Planning Comments:
The standard condition will be required for the owner to enter into an agreement registered on title
of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be
submitted and approved before a building/demolition permit will be issued.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service connections
for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division for
the installation of new service connections that may be required to service this property, all prior to
severance approval. Our records indicate municipal services are currently available to service this
Page 210 of 258
property. Any further enquiries in this regard should be directed to Christine Goulet
(christine.goulet kitchener.ca).
Any new driveways are to be built to City of Kitchener standards. All works are at the owner's
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction
of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with
corresponding layer names and asset information to the satisfaction of the Engineering Division prior
to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to the
street sewers. If this is not the case, then the owner would have to pump the sewage via a pump
and forcemain to the property line and have a gravity sewer from the property line to the street.
Parks /Operations Comments:
Cash -in -lieu of park land dedication will be required on the severed parcel as one new development
lot will be created. The cash -in -lieu dedication required is $3,503.20. Park Dedication is calculated
at 5% of the new development lots only, with a land valuation calculated by the linear frontage of
(7.62m) at a land value of $9,200 per frontage meter.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
None.
Page 211 of 258
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
r M-611 r +1
Community Planning
150 Frerlertic;k'Street 8th Floor
Kitcherier Oritario N2C 4,,1:1 (arsada
ToleSpharse: 519 575-4400
_l 519575-4608
Fax: 5'19-575-4465
www. rogioirofwate rl oo.ea
Peter Ellis
519-503-2536
D20-20/22 KIT
February 4, 2022
Re: Comments for Consent Applications B2022-011
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-011
44 Wilhelm Street
Bojan and Dijana Divkovic (owners)
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
semi-detached duplex dwelling. The existing single detached dwelling on the property is
to be demolished.
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 in close proximity to Weber Street West
(Regional Road No. 08 - approximately 23 metres away) and the Region of Waterloo
railway (approximately 44 metres away). Despite some intervening land uses, the
proposed dwellings on both the retained and severed lots are likely to have potential
environmental noise impacts from transportation noise from vehicular traffic along
Weber Street West and rail noise and vibration impacts from the nearby railway line.
As such, a detailed environmental noise study by a qualified acoustical engineer will be
required as a condition to assess the impacts precisely and determine the required
noise attenuation measures. The recommendations of the detailed noise study will be
Document Number: 3946487
Page 212 of 258
required to be implemented through a registered development agreement with the
Region of Waterloo.
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.
2) That prior to final approval, the owner/applicant submit an Environmental Noise
Study to the Region of Waterloo for review and approval, and, if necessary,
based on the recommendations of the accepted study, enter into a Registered
Development Agreement with the Region of Waterloo to implement the
recommendations of the study, to the satisfaction of the Region of Waterloo.
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: 3946487
Page 213 of 258
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Phoirne;19 (M I X761 IFF fired 1 8(0 90U 41).2
v Rm 519 ()2 I 4844 www,grandriveirxa
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February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 214 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 215 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: February 8, 2022
REPORT NO.: DSD -2022-085
SUBJECT: B2022-012 and B2022-013 — 20 Breithaupt Street — 23008559 Ontario
Limited & Breithaupt Phase III Inc.
RECOMMENDATION:
A. That Consent Application B2022-012 requesting consent for a partial discharge
of a mortgage and consent to sever a parcel of land with an approximate width
ranging between 9.6 metres and 12.0 metres, a depth of 48.1 metres, and an area
of 567.5 square metres, to be conveyed as a lot addition to the property
municipally addressed as 30 Breithaupt Street, as generally shown on the
Severance Sketch for 20 Breithaupt Street, prepared by Van Harten Surveying
Inc., dated December 3, 2021, 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'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.
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 sized paper copies of the
plan(s). The digital file needs to be submitted according to the City of
Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
4. That the owner shall enter into an Agreement with The Corporation of the
City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of
the City Solicitor and Director of Planning, and registered on title to the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 216 of 258
"Severed Lands" and the lands municipally addressed as 30 Breithaupt, to
provide the following:
a. That title to the Severed Lands and the lands municipally addressed as
30 Breithaupt Street shall at all times be maintained in identical
ownership and said lands shall be treated as one lot or parcel with
respect to the Planning Act and neither of the Severed Lands or the lands
municipally addressed as 30 Breithaupt, shall be separately conveyed,
or otherwise dealt with, without the prior consent of The Corporation of
the City of Kitchener, with the criteria for granting or withholding such
consent to be the applicable considerations to be applied if a consent
for severance was applied for under the Planning Act, as if section 50 (3)
and /or section 50 (5) of that statute applied to such conveyance or
dealing; and
5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register
an Application Consolidation Parcels, to consolidate the severed lands with
the lands municipally addressed as 30 Breithaupt, immediately following
the registration of the Severance Deed and prior to any new applicable
mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time
following registration.
6. That the owner shall request and obtain approval of a revision to the
existing registered off-site parking agreement, to allocate an additional 18
off-site parking spaces to the parking garage located at 305 Joseph Street,
to replace those spaces being lost due to the lot addition, to the satisfaction
of the City Solicitor.
7. That the owner shall submit and obtain approval of a revision to the Site
Plan Application for 20 Breithaupt to reflect changes related to the subject
consent application, to the satisfaction of the City's Director of Planning
(e.g., to change the property boundary; update site statistics and
calculations; and update parking statistics, including how barrier -free
spaces will be accommodated).
8. That the owner shall pay to the Region of Waterloo a consent fee in the
amount of $350.00.
B. That Consent Application B2022-013 requesting consent for a partial discharge
of a mortgage for the retained lands, 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's solicitor shall provide draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the
Page 217 of 258
Secretary -Treasurer and City Solicitor if required.
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 sized paper copies of the
plan(s). The digital file needs to be submitted according to the City of
Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
4. That the owner shall pay to the Region of Waterloo a consent fee in the
amount of $350.00.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend conditional approval of consent applications
B2022-012 and B2022-013 to facilitate a larger development parcel for 30 Breithaupt
Street and to resolve construction financing complications.
• 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 approval of a consent application to
sever a portion of 20 Breithaupt Street and convey it to 30 Breithaupt Street as a lot addition.
Also, consent is being sought to release a mortgage from the severed lands and the retained
lands. The purpose of the subject applications is to create a larger development parcel for
30 Breithaupt Street, to permit future development of an office building, and to resolve
construction financing complications. Planning staff recommends approval, with conditions,
of both applications.
REPORT:
Planning Comments:
The subject property is municipally addressed as 20 Breithaupt Street and is located at the
northeast corner of Breithaupt Street and Moore Avenue, north of downtown. The subject
property is part of a complex of buildings located on both sides of Breithaupt Street that are
occupied by Google. An 11 -storey office building is presently under construction on the
subject property. The building is expected to be completed in the Spring of 2022. The
applicant advises that prior to the construction, the property consisted of an area that
included both 20 Breithaupt Street and 30 Breithaupt Street, but due to construction
financing obligations for 20 Breithaupt Street, the applicant was obligated to legally place 20
Breithaupt Street in a separate ownership from 30 Breithaupt Street.
The subject property is designated `Mixed Use' on Map 3 — Land Use and Specific Policy
Area 39 (Breithaupt Block Phase 3) on Map 5 — Specific Policy Areas in the City's 2014
Official Plan. The property is zoned `High Intensity Mixed Use Corridor Zone (MU -3)' with
Special Regulation Provisions 716R and 717R and Special Use Provision 465U in Zoning
By-law 85-1. The property is not presently zoned under By-law 2019-051 (a by-law
emanating from the City's Comprehensive Review of the Zoning By-law).
Page 218 of 258
The adjacent property, municipally addressed as 30 Breithaupt Street, is currently used as
a surface parking lot. However, a site plan application has been submitted to the City for a
future 4 storey office development (Site Plan Application SP21/120/B/AP).
Figure 2. View of subject property from Breithaupt Street.
At this time, the applicant is seeking approval of two consent applications, as noted below:
Consent Application 82022-012:
• Consent to sever a parcel of land with an approximate width ranging between 9.6
metres and 12.0 metres, a depth of 48.1 metres, and an area of 567.5 square metres,
and convey it as a lot addition to the property municipally addressed as 30 Breithaupt
Street, and
• Consent for a partial discharge of a mortgage for the severed lands.
Consent Application 82022-013:
• Consent for a partial discharge of a mortgage for the retained lands.
The applicant advises that their request for consent, if approved, would achieve the
following:
• Realign the property boundary between 20 Breithaupt and 30 Breithaupt, prior to
completion of construction at 20 Breithaupt Street for construction financing closeout
(the application will resolve construction financing complications); and
Page 219 of 258
• Realign the property boundary between 20 Breithaupt Street and 30 Breithaupt Street
to support the future development of a 4 -storey building on 30 Breithaupt Street.
It should be noted that no minor variances are required to facilitate the applications; the
resultant lots will comply with the Zoning By-law.
Parking for the subject property is primarily accommodated within a private, off-site parking
garage located at 305 Joseph Street. A registered off-site parking agreement currently exists
to ensure parking supply is maintained. However, the consent application would result in 18
parking spaces being lost to the enlarged 30 Breithaupt Street property. Accordingly,
Planning staff recommends that as a condition of approval, that the applicant obtain a
revision to the registered off-site parking agreement, to allocate an additional 18 off-site
parking spaces to the parking garage at 305 Joseph Street.
In addition, Planning staff recommends that the applicant submit and obtain approval of a
revision to the Site Plan Application for 20 Breithaupt to reflect changes related to the subject
consent application. For example, the site plan should be changed to update the property
boundary; add FSR statistics and calculations; and update parking statistics, including how
barrier -free spaces will be accommodated.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning
Act, R.S.O. 1990, c.P.13, the uses of the resultant parcels conform to the City's Official Plan,
the dimensions and shapes of the resultant parcels are appropriate and suitable for the
existing and proposed uses, the resultant parcels front onto established public streets, and
the resultant parcels will be serviced with adequate municipal services. The requested
consent for lot addition will facilitate a larger parcel for appropriate commercial (office)
intensification (severed lands plus 30 Breithaupt Street) and will ensure that the nearly
constructed 11 storey office building on the retained lands (20 Breithaupt Street) is able to
function effectively.
Planning staff has no concerns with either request for a partial discharge of mortgages.
In this regard, subject to conditions outlined in the Recommendation section, Planning staff
recommends approval of both applications.
Environmental Planning Comments:
Both applications: No natural heritage / tree management policy issues.
Building Division Comments:
Both applications: The Building Division has no objections to the proposed consent.
Transportation Services Comments:
Both applications: Transportation Services does not have any concerns with the proposed
application.
Engineering Services Comments;
B 2022-012 — 20 Breithaupt Street
catch basin and a 525mmO storm
ownership.
(Severed): The lands to be severed contains a double
lateral that will be conveyed to 30 Breithaupt Street
Page 220 of 258
B 2022-013 — 20 Breithaupt Street (Retained): Engineering has no comments.
Parks and Cemeteries Comments:
Both application: Parkland dedication is not required for this application as no new
developable lot has been created (lot addition).
Region of Waterloo Comments:
Both applications:
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to allow
partial discharge(s) of mortgage(s) on the severed lands. These consent applications will
realign the property boundary between 20 Breithaupt Street and 30 Breithaupt Street and
support the future development of a 4 -storey building on 30 Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 per
consent application ($350.00 x 2 applications = $700.00) prior to final approval of the
consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed on
the subject lands given the purpose of the consent applications. However, should noise
sensitive development be proposed for the subject lands, Regional staff advise that there
would be noise impacts from nearby environmental noise sources (road traffic and rail) in
the vicinity.
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 consent application.
Grand River Conservation Authority Comments:
Both applications: No objections
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The recommendation has no impact on the Capital Budget or Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the Committee of Adjustment meeting. A notice was also placed in The Record. In addition,
notice of the subject applications was mailed to all property owners within 30 metres of the
subject property. A notice sign was placed on the property advising that a Committee of
Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division.
Page 221 of 258
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 51 and 53, Planning Act, R.S.O. 1990, c. P.13
• Official Plan Amendment Application OP17/005/W/GS
• Zoning By-law Amendment Application ZC17/014/W/GS
• Consent Application B2019-021 — Not endorsed (expired)
• Consent Application B2019-022 — Not endorsed (expired)
• Consent Application B2019-023 — Lease in excess of 21 years
• Site Plan Application SP19/037/B/GS (Retained Lands)
• Site Plan Application SP21/120/B/AP (Severed Lands)
ATTACHMENTS:
• Attachment A —Severance Sketch for 20 Breithaupt Street, prepared by Van Harten
Surveying Inc., dated December 3, 2021
• Attachment B — Plan of Survey provided with Consent Application B2022-012
Page 222 of 258
Attachment A - Severance Sketch for 20 Breithaupt Street, Prepared by Van Harten
Surveying Inc., dated December 3, 2021
SEVERANCE SKETCH FOR 20 BREITHAUPT STREET
PART LOT 135
REGISTERED PLAN 376
CITY OF KITCHENER
REGIONAL MUNICIPALITY OF WATERLOO
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Page 223 of 258
Attachment B - Plan of Survey provided with Consent Application B2022-012
Page 224 of 258
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
r M-611 r +1
Community Planning
150 Frerlertic;k'Street 8th Floor
Kitcherier Oritario N2C 4,,1:1 (arsada
ToleSpharse: 519 575-4400
-1 519575-4608
Fax: 5'19-575-4465
www. rogioirofwate rl oo.ea
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Re: Comments for Consent Applications B2022-007, B2022-008, 62022-
009, B2022-010, B2022-012, B2022-013, and B2022-014
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-007
654 Rockway Drive
Adam Szuba (owner); Dave Galbraith (IBI Group — applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two single detached dwellings on the subject property.
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 within close proximity to Charles Street
East and King Street East (Regional Road No. 08) and may have impacts from road
traffic. It is the responsibility of the applicant to ensure the proposed development is not
adversely affected by anticipated transportation (traffic) noise impacts. In lieu of
requiring a transportation noise study, Regional staff agree that the owner/applicant of
the units on all (retained and severed) lots will be required to enter into a registered
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:
Document Number: 3933004
Page 225 of 258
a) The dwelling will be fitted with force air -ducted heating system suitably sized and
designed with the provision for the installation of air conditioning in the future, at
the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to increasing
road traffic on Charles Street East/ King Street East may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
the Environment Conservation and Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
c) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
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.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following clauses in all agreements of Offers of Purchase and
Sale, lease/rental agreements:
a) The dwelling will be fitted with force air -ducted heating system suitably sized
and designed with the provision for the installation of air conditioning in the
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
Page 226 of 258
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Charles Street East/ King Street East may
occasionally interfere with some activities of the dwelling occupants as
the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks
(MECP) ".
"This dwelling has been fitted with a forced air -ducted heating system
and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP) ".
c) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, the
City of Kitchener's Building Inspector will certify that the dwelling units have
been constructed accordingly.
:JQ01*Z1111-3
442 Old Chicopee Trail
Ewa Munch and John Brodrecht (owners) / Nicolette van Oyen and Pierre Chauvin
(MHBC Planning -Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two new single detached dwellings on the subject property. It was
indicated on the application that the land was previously subject to consent application
B2020-029 and those conditions lapsed on September 25, 2021.
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. Regional staff note
that a valid notice was obtained on July 2, 2020 in support of consent application
Document Number: 3933004
Page 227 of 258
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https:fftaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise and Airport:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircrafts. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres
from Fairway Road North (Regional Road No. 53) and may be impacted by
transportation noise. However, a transportation noise study will not be required due to
the existing intervening developments in the vicinity. As a result, the owner/applicant will
be required to enter into an agreement with the Region of Waterloo that must be
registered on title prior to final approval. The agreement must be to the satisfaction of
the Region of Waterloo and require the inclusion of the following noise warning clauses
in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the
severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
The owner/applicant of the units will be required to enter into a registered 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 retained lands-
"Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
Archaeological Assessment (Advisory Comments):
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
Document Number: 3933004
Page 228 of 258
to the proximity of registered archaeological resources, the owner/applicant should be
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in compliance
with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
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.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
the Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
Document Number: 3933004
Page 229 of 258
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands-
"Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
B2022-009
114 Doon Valley Drive
Luke and David Robinson and Kelly Neuber (Owners) / Della Ross (MHBC
Planning — Applicant)
The owner/applicant is proposing a lot addition from 114 Doon Valley Drive to 136 Doon
Valley Drive to square off the property at 136 Doon Valley Drive. No new development
is proposed at this time.
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 (Advisory Comments):
Regional staff note that the proposed severed lands are not anticipated to be developed
at this time and are also located at the back of the lot, which is a substantial distance
from Conestoga College Boulevard, a potential noise source. For these reasons, the
severed lands are not expected to have impacts from road noise and there are no
concerns relating to environmental noise. However, as noted in the cover letter for the
application, the approved development concept for 136 Doon Valley Drive must go
through site plan approval and Regional staff would like to remind the owner/applicant
that this application must be circulated to the Region for review at such time in the
future.
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.
Document Number: 3933004
Page 230 of 258
B2022-010
113 Walter Street
2193907 Ontario Inc c/o Jim Slawich
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new semi-detached duplex building.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
B2022-012 and B2022-013
20 Breithaupt Street
23008559 Ontario Ltd. and Breithaupt Phase III Inc. (owners) / Adrianne Bobechko
and Nikita Thompson — Perimeter (applicant)
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to
allow partial discharge(s) of mortgage(s) on the severed lands. These consent
applications will realign the property boundary between 20 Breithaupt Street and 30
Breithaupt Street and support the future development of a 4 -storey building on 30
Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed
on the subject lands given the purpose of the consent applications. However, should
noise sensitive development be proposed for the subject lands, Regional staff advise
that there would be noise impacts from nearby environmental noise sources (road traffic
and rail) in the vicinity.
Document Number: 3933004
Page 231 of 258
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 consent application.
B2022-014
81 Shanley Street
Copper Bay Homes Ltd c/o Tommy Rakic
The owner/applicant is proposing to demolish the existing dwelling and sever the lot into
two parcels to construct a new semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
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: 3933004
Page 232 of 258
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February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
Mrairrb(_,r of (' nn Ia"y/d(k-)n On grin' Unarir':)`a 36 (.onsc,rvai_k,)n Au�llinri(ic,a C,i`a ncl A C dr)a(,fla .i l lc,rif vF3iv(r
Page 233 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 234 of 258
Staffeeport
I
KTbCi iENF-.
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: 10
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD -2022-084
SUBJECT: B2022-014, A2022-018, A2022-019 — 81 Shanley Street
RECOMMENDATION:
A. That application A2022-018, for the severed lot, requesting relief from Section 39.2.2
of Zoning By-law 85-1 to permit a maximum front yard setback of 6.0 metres, rather
than a maximum front yard setback of 4.0 metres (being the average setback of
dwellings on the abutting lots plus 1 metre), be approved.
B. That application A2022-019, for the retained lot, requesting relief from Section 39.2.2
of Zoning By-law 85-1 to permit a maximum front yard setback of 6.0 metres, rather
than the maximum required front yard setback of 4.0 metres (being the average
setback of dwellings on the abutting lots plus 1 metre), be approved.
C. That application B2022-014 for consent to sever the existing lot into two new lots for
purposes of creating a lot for each semi-detached house be approved, subject to the
following conditions:
1. That Minor Application A2022-018 receive final approval.
2. That Minor Application A2022-019 receive final approval.
3. 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.
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 provides a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s). The digital file needs to be
submitted according to the City of Kitchener's Digital Submission Standards to the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 235 of 258
satisfaction of the City's Mapping Technologist.
6. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed. The cash -in -lieu
dedication required is $4,015.80, with a land valuation calculated by the linear
frontage (8.73m) at a land value of $9,200 per frontage meter.
7. 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 Urban Designer and where necessary,
implemented prior to any demolition, grading, tree removal or the issuance of
any building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped area and
vegetation (including street trees) 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 Urban
Designer.
c. That the Owner ensures any boulevard trees identified by the City for retention
are protected during construction to the satisfaction of the City's Director of
Parks and Cemeteries and the City's Director of Planning. That prior to the
issuance of any building permit, the Owner makes satisfactory arrangements
financial or otherwise for any relocation/removal of any existing boulevard
trees adjacent to the subject property to the satisfaction of the City's Parks and
Cemeteries.
8. That the Owner 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.
9. That the owner 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.
10. That the Owner 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.
11. That the Owner makes 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.
12. That the owner make arrangements to the satisfaction of the City's Director of
Engineering Services for the installation, to City standards, of boulevard
landscaping, closure of any redundant driveway ramps and installation of new
driveway ramps.
Page 236 of 258
13. That the Owner provides 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.
14. That the existing house and accessory structure(s) must be demolished to the
satisfaction of the City's Director of Planning and Chief Building Official.
15. That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
REPORT HIGHLIGHTS:
• The purpose of this report is to make a recommendation to approve, with conditions, the
request to create new lots for a semi-detached dwelling by severing an existing parcel into
two lots, and for associated minor variance for the severed and retained lands.
• There are no financial implications to the City.
• This report supports the delivery of core services
BACKGROUND:
The property located at 81 Shanley Street, near the intersection of Shanley Street and Moore Avenue
and currently contains a single detached dwelling. The applicant is proposing to replace the existing
house with a semi-detached dwelling and sever the lot so that each semi-detached house may be
individually owned. The property is designated Low Rise Residential in the City's Official Plan and
identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned
as `Residential Five Zone (R-5)' in Zoning By-law 85-1.
The neighbourhood consists of a mix of single detached dwellings, duplex dwellings, low rise
multiples and a large religious institution is located at the intersection of Shanley Street and Moore
Ave. Lot sizes vary in width, depth, and area in this neighborhood. City Planning staff conducted a
site inspection of the property on January 25, 2022.
Page 237 of 258
Image 1: Location Map
Image 2: Existing single detached dwelling at 81 Shanley Street
Image 3: Conceptual elevations
Page 238 of 258
REPORT:
Consent Application
The applicant is requesting consent to create one new lot and one retained lot equal in size. To
facilitate the redevelopment of the subject lands the applicant is proposing to demolish the existing
single detached dwelling on the property and replace it with a semi-detached dwelling with one half
on each of the severed and retained lots. The severed and retained lots are proposed to be of equal
size, and would have a lot frontage of 8.73 metres and an area of 330 square metres. Conceptual
building elevations are provided in Image 3 (above).
Planning staff notes that the applicant will need to apply for Demolition Control Approval from the
Planning Division, in addition to a Demolition Permit from the Building Division, to demolish the
existing dwelling.
Zoning By-law
The subject property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1. The R-5 zone
permits a range of low-density dwelling types including semi-detached dwellings. The R-5 Zone
requires a minimum lot width of 7.5 metres for each semi-detached house and minimum lot area of
235 square metres for each semi-detached dwelling. The proposed lot widths and lot areas of the
proposed severed and retained lots exceed the minimum R-5 zone lot width and lot area
requirements.
The subject site is included on Appendix `H' and is subject to minimum and maximum front yard
setbacks, which require that a building is setback plus or minus one meter of the average setback
of the adjacent dwellings. The applicant is seeking minor variances to require an increased
maximum front yard setback, to require the proposed semi-detached house to be setback a
maximum of 6.0 metres from the street, so that the front yard is consistent with the existing dwelling
and other dwellings fronting onto Shanley Street. Further discussion is provided in the minor
variance section of this report, however in summary, staff are supportive of the requested variances,
as the adjacent dwelling located at the corner of Shanley Street and Moore Avenue is setback 0 m
from the street and is an outlier in the streetscape (see Image 1).
Official Plan
The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low
Rise Residential land use designation permits a full range of low density housing types which may
include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low-
rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and
integrating different forms of housing to achieve and maintain a low-rise built form. The maximum
net residential density for lands which are designated Low Rise Residential will be 30 units per
hectare. The proposed severance is in accordance with this aspect of the plan and maintains the
residential land use designation.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan,
and the lots are in conformity with the Zoning By-law, or a minor variance has been
granted to correct any deficiencies;
Page 239 of 258
b) the lots reflect the general scale and character of the established development pattern of
surrounding lands by taking into consideration lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper
and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The lot widths and lot areas of the proposed severed and retained lands exceed the minimum R-5
zone lot width and lot area requirements. Planning staff is of the opinion that the size, dimensions
and shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding neighbourhood which is developed with single detached, duplex, and multiple dwellings
with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services
are available. There are no natural heritage features that would be impacted by the proposed
consent application. Planning staff is of the opinion that the proposed severance conforms with the
City of Kitchener Official Plan.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of lots and future semi-detached houses that
are compatible with the surrounding community and will make use of the existing infrastructure. No
new public roads would be required for the proposed development. Planning staff is of the opinion
that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and density 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.
Page 240 of 258
The subject lands are located within the City's delineated built-up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Planning Conclusions:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of a new lot is desirable and appropriate. The
future use of both the severed and retained parcels are in conformity with the City's Official Plan and
Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed
lots are suitable for the use of the lands and compatible with the surrounding community. There are
existing schools within the neighbourhood. Staff is further of the opinion that the proposal is
consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to
the Growth Plan for the Greater Golden Horseshoe, and is good planning and in the public interest.
Minor Variance Application
The subject site is included on Appendix `H' of Zoning By-law 85-1 and new buildings are subject to
minimum and maximum front yard setbacks, which require that a building is setback plus or minus
one meter of the average setback of the adjacent dwellings. The applicant is seeking minor variances
for both the severed and retained lot to permit the proposed semi-detached dwelling to be setback
6.0 metres from the street, rather than 4.0 metres. The house located at 73 Shanley Street is setback
0.0 metres from the street and the house at 83 Shanley Ave is setback 6.0 metres. (Maximum
setback calculation: ((0.0 + 6.0) / 2) +1 = 4) Staff note that most other dwellings along the south side
of Shanley Street are setback 6.0 metres or more.
General Intent of Official Plan
The subject lands are designated Low Rise Residential in the 2014 Official Plan. The Low Rise
Residential land use designation permits a full range of low density housing types including semi-
detached dwellings. Policies require that when reviewing minor variances consideration should be
had to whether the variance will result in a new building that is compatible with existing built form
and community character, and that requested front yard setbacks should be similar to adjacent
properties.
The proposed front yard setback of 6.0 metres is consistent with both the house currently located on
the lot, and the house at 83 Shanley Street. As noted above, the house at 73 Shanley Street is an
outlier along the streetscape, and other homes along the south side of Shanley Street are setback
6.0 metres or more. The proposed variance will help ensure that the proposed dwelling is setback a
similar distance to most buildings on the street, thereby supporting and maintaining the character of
the streetscape. Therefore, as the use is permitted and the proposed setback is consistent and
compatible with the overall streetscape, staff is of the opinion that the general intent of the Official
Plan is maintained.
Page 241 of 258
General Intent of the Zoning By-law:
The intent of the maximum front yard setback (as established by RIENs) is to ensure new residential
buildings achieve a setback that is consistent with other dwellings along the streetscape. As
discussed above staff is of the opinion that the proposed required setback of 6.0 metres provides for
a setback that is more consistent with other dwellings along the street rather than the required 4.0
metre maximum setback, due to the unusual setback of the dwelling at 73 Shanley Street. Based
of the foregoing, staff is of the opinion that the general intent of the Zoning By-law is maintained.
Is the Variance Minor:
Staff is of the opinion that the variances are minor. The proposed required setback of 6.0 metres,
increases the maximum setback by a small amount, which brings the proposed dwelling in line with
the established street edge.
Is the Variance Appropriate:
Staff is of the opinion that the variances are appropriate. The subject variances allow the proposed
semi-detached dwelling to be constructed in a location that is consistent with the existing front yard
setback of the current house, and is more consistent with other dwellings along the south side of the
street.
Planning Conclusion:
Based on the foregoing, Planning staff recommends that Minor Variance Applications A2022-018,
and A2022-019 requesting relief from Section 39.2.2 of Zoning By-law 85-1 to permit a maximum
front yard setback of 6.0 metres, rather than the maximum required 4.0 metres, be approved.
Comments of Deoartments and Aaencies
Environmental Planning:
Standard condition on both the severed and retained lands to enter into an agreement to complete
tree preservation / enhancement plan prior to demolition permit issuance.
Heritage Planning:
There are no heritage planning concerns.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by
The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish
an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation
process. The property municipally addressed as 81 Shanley Street is located within the 'Mount Hope
/ Breithaupt Neighbourhood CHL'. The owner and the public will be consulted as the City considers
listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing
action plans for each CHL with specific conservation options.
Transportation Services:
Transportation Services does not have any concerns with the proposed applications.
Building Division:
Consent: 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 Variances: The Building Division has no objections to the proposed variance provided building
permit for the semi-detached dwelling is obtained prior to construction. Please contact the Building
Division @ building@kitchener.ca with any questions.
Page 242 of 258
Parks & Cemeteries:
Consent: Parkland dedication will be required on the severed parcel as 1 new development lot will
be created. The cash -in -lieu dedication required is $4,015.80. Park Dedication is calculated at 5%
of the new development lot only, with a land valuation calculated by the linear frontage (8.73m) at a
land value of $9,200 per frontage meter.
Engineering Services:
Minor Variances: no concerns.
Consent:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service
this property, all prior to severance approval. Our records indicate municipal services are
currently available to service this property. Any further enquiries in this regard should be
directed to Christine Goulet (christine.goulet kitchener.ca).
• Any new driveways are to be built to City of Kitchener standards. All works are at the
owner's expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure
with corresponding layer names and asset information to the satisfaction of the
Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by
gravity to the street sewers. If this is not the case, then the owner would have to pump
the sewage via a pump and forcemain to the property line and have a gravity sewer from
the property line to the street.
Region of Waterloo:
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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Page 243 of 258
Planning Act
Page 244 of 258
January 27, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 — 49 Lower Mercer Street — No Concerns.
2) A 2022 - 011 — 43 Maurice Street — No Concerns.
3) A 2022 - 012 — 158 Forest Creek Drive — No Concerns.
4) A 2022 - 013 — 41 Moore Avenue — No Concerns.
5) A 2022 - 014 — 21-39 Benninger Drive — No Concerns.
6) A 2022 - 015 — 25 Brock Street — No Concerns.
7) A 2022 - 016 — 1768 Ottawa Street South — No Concerns.
8) A 2022 - 017 — 86 Cedar Street South — No Concerns.
9) A 2022 - 018 — 81 Shanley Street (Severed) — No Concerns.
10)A 2022 - 019 — 81 Shanley Street (Retained) — No Concerns.
Document Number: 3937559
Page 1 of 2
Page 245 of 258
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
M
Kristen Hilborn, City of Kitchener
2
Page 246 of 258
Region of Waterloo
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
r M-611 r +1
Community Planning
150 Frerlertic;k'Street 8th Floor
Kitcherier Oritario N2C 4,,1:1 (arsada
ToleSpharse: 519 575-4400
-1 519575-4608
Fax: 5'19-575-4465
www. rogioirofwate rl oo.ea
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Re: Comments for Consent Applications B2022-007, B2022-008, 62022-
009, B2022-010, B2022-012, B2022-013, and B2022-014
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-007
654 Rockway Drive
Adam Szuba (owner); Dave Galbraith (IBI Group — applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two single detached dwellings on the subject property.
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 within close proximity to Charles Street
East and King Street East (Regional Road No. 08) and may have impacts from road
traffic. It is the responsibility of the applicant to ensure the proposed development is not
adversely affected by anticipated transportation (traffic) noise impacts. In lieu of
requiring a transportation noise study, Regional staff agree that the owner/applicant of
the units on all (retained and severed) lots will be required to enter into a registered
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:
Document Number: 3933004
Page 247 of 258
a) The dwelling will be fitted with force air -ducted heating system suitably sized and
designed with the provision for the installation of air conditioning in the future, at
the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to increasing
road traffic on Charles Street East/ King Street East may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
the Environment Conservation and Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
c) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
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.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following clauses in all agreements of Offers of Purchase and
Sale, lease/rental agreements:
a) The dwelling will be fitted with force air -ducted heating system suitably sized
and designed with the provision for the installation of air conditioning in the
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
Page 248 of 258
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Charles Street East/ King Street East may
occasionally interfere with some activities of the dwelling occupants as
the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks
(MECP) ".
"This dwelling has been fitted with a forced air -ducted heating system
and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP) ".
c) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, the
City of Kitchener's Building Inspector will certify that the dwelling units have
been constructed accordingly.
:JQ01*Z1111-3
442 Old Chicopee Trail
Ewa Munch and John Brodrecht (owners) / Nicolette van Oyen and Pierre Chauvin
(MHBC Planning -Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two new single detached dwellings on the subject property. It was
indicated on the application that the land was previously subject to consent application
B2020-029 and those conditions lapsed on September 25, 2021.
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. Regional staff note
that a valid notice was obtained on July 2, 2020 in support of consent application
Document Number: 3933004
Page 249 of 258
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https:fftaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise and Airport:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircrafts. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres
from Fairway Road North (Regional Road No. 53) and may be impacted by
transportation noise. However, a transportation noise study will not be required due to
the existing intervening developments in the vicinity. As a result, the owner/applicant will
be required to enter into an agreement with the Region of Waterloo that must be
registered on title prior to final approval. The agreement must be to the satisfaction of
the Region of Waterloo and require the inclusion of the following noise warning clauses
in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the
severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
The owner/applicant of the units will be required to enter into a registered 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 retained lands-
"Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
Archaeological Assessment (Advisory Comments):
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
Document Number: 3933004
Page 250 of 258
to the proximity of registered archaeological resources, the owner/applicant should be
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in compliance
with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
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.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands-
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
the Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
Document Number: 3933004
Page 251 of 258
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands-
"Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
B2022-009
114 Doon Valley Drive
Luke and David Robinson and Kelly Neuber (Owners) / Della Ross (MHBC
Planning — Applicant)
The owner/applicant is proposing a lot addition from 114 Doon Valley Drive to 136 Doon
Valley Drive to square off the property at 136 Doon Valley Drive. No new development
is proposed at this time.
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 (Advisory Comments):
Regional staff note that the proposed severed lands are not anticipated to be developed
at this time and are also located at the back of the lot, which is a substantial distance
from Conestoga College Boulevard, a potential noise source. For these reasons, the
severed lands are not expected to have impacts from road noise and there are no
concerns relating to environmental noise. However, as noted in the cover letter for the
application, the approved development concept for 136 Doon Valley Drive must go
through site plan approval and Regional staff would like to remind the owner/applicant
that this application must be circulated to the Region for review at such time in the
future.
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.
Document Number: 3933004
Page 252 of 258
B2022-010
113 Walter Street
2193907 Ontario Inc c/o Jim Slawich
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new semi-detached duplex building.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
B2022-012 and B2022-013
20 Breithaupt Street
23008559 Ontario Ltd. and Breithaupt Phase III Inc. (owners) / Adrianne Bobechko
and Nikita Thompson — Perimeter (applicant)
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to
allow partial discharge(s) of mortgage(s) on the severed lands. These consent
applications will realign the property boundary between 20 Breithaupt Street and 30
Breithaupt Street and support the future development of a 4 -storey building on 30
Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed
on the subject lands given the purpose of the consent applications. However, should
noise sensitive development be proposed for the subject lands, Regional staff advise
that there would be noise impacts from nearby environmental noise sources (road traffic
and rail) in the vicinity.
Document Number: 3933004
Page 253 of 258
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 consent application.
B2022-014
81 Shanley Street
Copper Bay Homes Ltd c/o Tommy Rakic
The owner/applicant is proposing to demolish the existing dwelling and sever the lot into
two parcels to construct a new semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
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: 3933004
Page 254 of 258
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Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — February 15, 2022
Applications for Minor Variance
A 2022-003
53 Margaret Avenue
A 2022-005
86 Chestnut Street
A 2022-006
49 Lower Mercer Street
A 2022-011
43 Maurice Street
A 2022-012
158 Forest Creek Drive
A 2022-013
41 Moore Avenue
A 2022-014
21-39 Benninger Drive
A 2022-015
25 Brock Street
A 2022-016
1768 Ottawa Street South
A 2022-017
86 Cedar Street South
A 2022-018
81 Shanley Street (Severed)
A 2022-019
81 Shanley Street (Retained)
Applications for Consent
B 2022-007
654 Rockway Drive
B 2022-008
442 Old Chicopee Trail
B 2022-009
114 Doon Valley Drive
B 2022-010
113 Walter Street
B 2022-011
44 Wilhelm Street
B 2022-012
20 Breithaupt Street (Severed)
B 2022-013
20 Breithaupt Street (Retained)
B 2022-014
81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for
minor variance and consent.
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Page 255 of 258
GRCA has no objection to the approval of the applications listed above. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 256 of 258
From: -
To: Committee of Adiustment (SM)
Subject: [EXTERNAL] Re: Written submission to committee of adjustment
Date: Thursday, February 3, 2022 4:36:09 PM
Hi Alison,
I'm writing about the application for 81 Shanley St
A 2022-018, A 2022-019 & B 2022-014
I own and live in the house next door to the east at with my family. The request
by the owner of 81 Shanley to allow 6m setback should be accepted so that the new semi
detached houses remain in line with my house and also with the other houses on our side of
Shanley St. If the new houses are built with only a 4m setback, they will block our view of the
street to the west and they will visually look like they don't belong. This would reduce the
value of my house and reduce our enjoyment of the property. The lot at 81 Shanley is a very
deep lot and there is plenty of room to build with the requested setback.
Thank you,
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