HomeMy WebLinkAboutDSD-2022-084 - B 2022-014, A 2022-018 to 019 - 81 Shanley StrStaffeeport
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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.
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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.
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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.
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Image 1: Location Map
Image 2: Existing single detached dwelling at 81 Shanley Street
Image 3: Conceptual elevations
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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;
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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.
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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.
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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.
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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:
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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
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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
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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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