HomeMy WebLinkAboutDSD-2022-080 - B 2022-007 - 654 Rockway Dr
Development Services Department www.kitchener.ca
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
.
2. That the
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
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.
including street trees, and a paved driveway ramp, on the severed and retained lands.
7.
expense
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 owner would have to pump the sewage via a pump and forcemain to the property
line and have a gravity sewer from the property line to the street to the satisfaction
of the Director of Engineering Services.
11. That the owner 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
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
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:
i. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to
& 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
s.
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
iii. The owner shall maintain the severed and retained lands, in accordance with
the approved Tree Protection and Enhancement Plan, for the life the
development.
OR
b. Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which shall
include the following:
i. That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City-owned tree to be removed (located adjacent to the
severed and retained lands) with 2 suitable trees, in accordance with the City
Director Parks & Cemeteries. No changes to the said plan shall be granted
ii. The owner shall implement the approved Street Tree Planting Plan, to the
OR
c. Make arrangements regarding financial compensation for the tree to be removed,
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.
Proposed Severed and Retained Lots
Location Map: 654 Rockway Drive
REPORT:
BACKGROUND:
The property is identified as a Community Area- Urban Structure and is designated Low
Rise Residential 2014 Official Plan.
The property is zoned Residential Four Zone (R- 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
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:
ate 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 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.
represen
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. 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
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.goulet@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.
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:
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
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
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
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
Director Parks & Cemeteries. No changes to the said plan shall be granted
b. The owner shall implement the approved Street Tree Planting Plan, to the
OR
3. Make arrangements regarding financial compensation for the tree to be removed, to
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 dvance 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
ailing 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
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-007, B2022-008, B2022-
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
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
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
ii. -ducted heating system and has
been designed with the provision of adding central air conditioning at the
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
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
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
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
ii. -ducted heating system
and has been designed with the provision of adding 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
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.
_____________________
B2022-008
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
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https://taps.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:
i. 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:
i.
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
l
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
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:
i.
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
ii. e 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
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
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands:
i.
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
___________________
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
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
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
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.
GRCA has no objection to the approval of the applications listedabove. 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 Pl.
Resource Planning Technician
Grand River Conservation Authority