HomeMy WebLinkAboutDSD-2022-082 - B 2022-011 - 44 Wilhelm St
Development Services Department www.kitchener.ca
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
.
2.
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
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.
6. That any new driveways are to
e
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 owner would have to pump the sewage via a pump and forcemain to the property
line and have a gravity sewer from the property line to the street to the satisfaction
of the Director of Engineering Services.
10. That the owner shall 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
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
of Planning and the Director of Parks and Cemeteries.
c) That the Owner ensures any boulevard trees identified by the City for retention
o the
issuance of any building permit, the Owner makes satisfactory arrangements
financial or otherwise for any relocation/removal of any existing boulevard
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.
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 on Map 2 - Urban Structure and
designated as
The property is zoned as dential Five Zone (R- 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.
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
types which may include single detached dwellings, semi-detachedduplexdwellings, 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:
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
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,
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.
lopment
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
appropriate. The uses of both the severed and retained parcels are in conformity with
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.
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
property. Any further enquiries in this regard should be directed to Christine Goulet
(christine.goulet@kitchener.ca).
Any new driveways are to be built
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 Cit
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 informat
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
None.
Peter Ellis
519-503-2536
D20-20/22 KIT
February 4, 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 B2022-011
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
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
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