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HomeMy WebLinkAboutCA - 2022-03-15 Committee of Adjustment Meeting Minutes March 15, 2022, 10:00 a.m. Electronic Meeting Present: B. McColl, Vice-Chair S. Hannah, Member M. Kidd, Member J. Meader, Member Absent: D. Cybalski, Chair Staff: T. Malone-Wright, Supervisor, Development Applications S. Ryder, Transportation Services A. Fox, Administrative Clerk S. Goldrup, Committee Administrator _____________________________________________________________________ 1. COMMENCEMENT 2. MINUTES Moved by S. Hannah Seconded by M. Kidd That the regular minutes of the Committee of Adjustment meeting held February 15, 2022, as circulated to the members, be accepted. Carried 1 3. UNFINISHED BUSINESS 3.1 A 2022-006 - 49 Lower Mercer Street - DSD-2022-114 Submission No.: A 2022-006 Applicants: April Manahan Property Location: 49 Lower Mercer Street Legal Description: Block 28, Registered Plan 58M-394, being Part 42, Reference Plan 58R-15530 Appearances: In Support: A. Josic A. Manahan Contra: R. Gielser Written Submissions: R. & S. Giesler L. & F. Stocker R. & M. Brown D. Woolner L. Germain D. & D. Ballard J. Sauer B. Evens R. Off T. & E. Oakman G. LaFrance L. & C. Simpson N. Rodrigues J. Foster C. & K. Boss C. Walker G. & L. Minter S. Hendry D. & A. Strobel V. Mineo M. Ford B. Brubacher G. Pink D. Smith-Bos 2 M. Penini S. Bos S. Thompson M. & R. Stanford J. Dilella N. & B. Rotozinski L. Kotseff S. Bookjans J. Beauchamp C.& C. Gowing P. & N. Kristensen B. & V. Chapman M. & A. Green The Committee previously deferred the subject application from the February 15, 2022, Committee of Adjustment meeting, where the Committee considered Development Services Department report DSD-2022-077, dated February 1, 2022. The Committee was advised the applicant requested permission to convert an existing semi-detached dwelling into a duplex having the 1 of required off- street parking spaces located 0m from the front lot line rather than the required setback of 6m. The Committee considered the written submissions in opposition to the subject application. The Committee considered Development Services Department report DSD-2022- 114, dated March 4, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27th, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 2, 2022, advising they have no concerns with the subject application. R. Gielser was in attendance in opposition to this application and to respond to any questions from the Committee. A. Josic and A. Manahan were in attendance in support of the application and applicant confirmed they had addressed concerns regarding parking, and the tenant would be accessing the unit through the front door with no changes to the 3 The Committee heard comments from its members confirming restricted covenants were not a factor in their considerations and the proposed solution was an improvement to the initial application and addressed many of the concerns received from members of the public. Moved by M. Kidd Seconded by S. Hannah That the application of APRIL PATRICIA MANAHAN requesting permission to convert an existing semi-detached dwelling into a duplex having the 1 of the required off-street parking spaces located 0m from the street line rather than the required setback of 6m on Block 28, Registered Plan 58M-394, being Part 42, Reference Plan 58R-15530, 49 Lower Mercer Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 3.2 A 2022-012 - 158 Forest Creek Drive - DSD-2022-125 Submission No.: A 2022-012 Applicants: Jyothi Dutta and Sriram Bandaru Property Location: 158 Forest Creek Drive Legal Description: Part Block 29, Registered Plan 58M-504, being Parts 35 & 66, Reference Plan 58R-19876 Appearances: In Support: G. Otoide 4 J. Dutta Contra: R. Newton-Woodhall Written Submissions: R. Newton-Woodhall C. Woodhall F. Woodhall The Committee previously deferred the subject application from the February 15, 2022, Committee of Adjustment meeting, where the Committee considered Development Services Department report DSD-2022-079, dated February 2, 2022. The Committee was advised the applicant requested permission to construct raised steps in the southerly side yard of an existing single detached dwelling having a side yard setback of 0.15m rather than the required 0.75m to support the conversion of the dwelling into a duplex with a separate entrance for the basement unit. The Committee considered the written submissions in opposition to the subject application. The Committee considered Development Services Department report DSD-2022- 125, dated March 1, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 2, 2022, advising they have no concerns with the subject application. G. Otoide and J. Dutta were in attendance in support of the application and R. Newton-Woodhall spoke in opposition to the proposed development and stated concerns regarding construction materials and the negative visual impact of the steps. T. Malone-Wright confirmed staff had included a site plan showing how the sidewalk will function along the side of the dwelling, drawings, and information about construction materials in the addendum report. 5 The Committee heard comments from its members that the addendum report and information from the applicant satisfied previous concerns regarding the walkway, grading, and the relocation of the gas meter and air conditioner. Moved by S. Hannah Seconded by M. Kidd That the application of SAI JYOTHI DUTTA and SRIRAM BANDARU requesting permission to construct raised steps in the southerly side yard of an existing single detached dwelling having a side yard setback of 0.15m rather than the required 0.75m to support the conversion of the dwelling into a duplex with a separate entrance for the basement unit, on Part Block 29, Registered Plan 58M- 504, being Parts 35 & 66, Reference Plan 58R-19876, 158 Forest Creek Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 4.1 A 2022-020 - 199 Steepleridge Street - DSD-2022-122 Submission No.: A 2022-020 Applicants: Sharon and Kenwyn Warner Property Location: 199 Steepleridge Street Legal Description: Lot 69, Registered Plan 58M-324 Appearances: In Support: S. Warner 6 Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to construct a landing for a stairway in the westerly side yard of an existing single detached dwelling having a side yard setback of 0.14m rather than the required 0.75m to support the conversion of the dwelling into a duplex with a separate entrance for the basement unit. The Committee considered Development Services Department report DSD-2022- 122, dated March 1, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. S. Warner was in attendance in support recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. In response to questions from the Committee, the applicant confirmed the location of the stairway was in consideration to the gas meter, and there was no air conditioning unit on that side of the house. Moved by J. Meader Seconded by M. Kidd That the application of KENWYN WARNER and SHARON WARNER requesting permission to the Zoning By-law to ¬¬construct a landing for a stairway in the westerly side yard of an existing single detached dwelling having a side lot line setback of 0.14m rather than the required 0.75m to support the conversion of the dwelling into a duplex with a separate entrance for the basement unit, on Lot 69, Registered Plan 58M-324, 199 Steepleridge Drive, Kitchener, Ontario, BE APPROVED. 7 It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 4.2 A 2022-021 - 88 Chandos Drive - DSD-2022-123 Submission No.: A 2022-021 Applicants: Denise and Sean Johnston Property Location: 88 Chandos Drive Legal Description: Lot 16, Registered Plan 1692 Appearances: In Support: D. Johnston Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to replace a 2 storey shed and construct a flat roof accessory structure (garage/storage) in the rear yard of an existing single detached dwelling having the maximum height for the underside of fascia of 3.27m rather than the maximum permitted 3m. The Committee considered Development Services Department report DSD-2022- 123, dated March 7, 2022, recommending approval with no conditions as outlined in the report. 8 The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. Moved by S. Hannah Seconded by M. Kidd That the application of DENISE LAUREL JOHNSTON and SEAN ROBERT JOHNSTON requesting permission to replace a 2 storey shed and construct a flat roof accessory structure (garage/storage) in the rear yard of an existing single detached dwelling having the maximum height for the underside of fascia of 3.2m rather than the maximum permitted 3m, on Lot 16, Registered Plan 1692, Part 1, 88 Chandos Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 4.3 A 2022-023 - 52 Perth Road - DSD-2022-124 Submission No.: A 2022-023 Applicants: Sabrina Dimech 9 Property Location: 52 Perth Road Legal Description: Sub Lot 18, Part Lot 19, German Company Tract Appearances: In Support: B. Linklater Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to convert an existing single detached dwelling into a duplex having 2 off-street parking spaces located within 6m of the street line (side by side parking) whereas the zoning by-law only allows 1 parking space to be located within 6m of the street line (tandem parking). The Committee considered Development Services Department report DSD-2022- 122, dated March 7, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. B. Linklater stated their belief that the subject application supports the gentle intensification of the property, is minor in nature, compatible with surrounding uses, and has no impact on neighbouring properties. In response to questions from the Committee, T. Malone-Wright spoke to the advisory from Transportation Services that if the driveway was to be widened at the curb, a curb cut permit might be required. Further, staff confirmed that the 10 subject application requested a similar variance to A 2022-066 and would work to keep the wording of variances more consistent in the future. Moved by J. Meader Seconded by S. Hannah That the application of SABRINA DIMECH requesting permission to convert an existing single detached dwelling into a duplex having 2 off-street parking spaces located within 6m of the street line (side by side parking) whereas the By-law only allows 1 parking space to be located within 6m of the street line (tandem parking), on Sub Lot 18, Part Lot 59, German Company Tract, 52 Perth Road, Kitchener Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 4.4 A 2022-024 - 201 Claremont Avenue - DSD-2022-127 Submission No.: A 2022-024 Applicants: Geoffrey and Marina Bellew Property Location: 201 Claremont Avenue Legal Description: Lot 45, Plan 350 Appearances: In Support: P. Brydges Contra: None. 11 Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to widen the driveway of an existing single detached dwelling to have a width of 15.2m rather than the permitted maximum width of 8m. The Committee considered Development Services Department report DSD-2022- 127, dated March 3, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no objection to the application subject to the requested conditions and noted the required application and fee. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. In response to questions from the Committee, P. Brydges confirmed the right- hand side would be made into a hammer head to allow the residents to exit the property in a forward motion. Moved by M. Kidd Seconded by S. Hannah That the application of GEOFFREY BELLEW and MARINA BELLEW requesting permission to the Zoning By-law to widen the driveway of an existing single detached dwelling in general accordance with the Site Plan/Landscape Plan attached to Minor Variance Application A 2022-024 having a width of 15.2m rather than the permitted maximum width of 8m, on Lot 45, Plan 350, 201 Claremont Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 12 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please review the www.kitchener.ca. Carried 4.5 A 2022-025 - 50 Fairfield Avenue - DSD-2022-136 Submission No.: A 2022-025 Applicants: Kaitlin and Serguei Filippov Property Location: 50 Fairfield Avenue Legal Description: Lot 9, Registered Plan 736 Appearances: In Support: S. Filippov Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to construct a second storey addition in the rear yard of an existing single detached dwelling having a easterly side yard setback of 0.91m rather than the required 1.2m.; and a westerly side yard setback of 0.92m rather than the required 1.2m. The Committee considered Development Services Department report DSD-2022- 136, dated March 4, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. 13 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. S. Filippov was in attendance in suppor recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. It was suggested and agreed that the wording for the Committee this date be amended to add wording to the variance that the construction be "in general accordance with the Site Plan/Landscape Plan" attached to the application. Moved by J. Meader Seconded by S. Hannah That the application of KAITLIN FILIPPOV and SERGUEI FILIPPOV requesting permission to construct a second storey addition in the rear yard of an existing single detached dwelling in general accordance with the Site Plan/Landscape Plan attached to Minor Variance Application A 2022-025 having a easterly side yard setback of 0.9m rather than the required 1.2m.; and a westerly side yard setback of 0.92m rather than the required 1.2m, on Lot 9, Registered Plan 736, 50 Fairfield Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 14 4.6 A 2022-026 - 14 Kennedy Avenue - DSD-2022-135 Submission No.: A 2022-026 Applicants: Iurie and Victoria Coval Property Location: 14 Kennedy Avenue Legal Description: Lot 37, Plan 239 Appearances: In Support: R. Friesen Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to convert an existing 2 storey duplex dwelling into a triplex having a lot area of 368.71 sq.m. rather than the required 495 sq.m.; a lot width of 12.19m rather than the required 15m; a parking space dimension of 2.44m x 5.5m rather than the required 2.6m x 5.5m; and, to allow the two existing driveways to remain rather than removing one of the driveways as required by the By-law. The Committee considered Development Services Department report DSD-2022- 135, dated March 4, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. R. Friesen was in atten recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. 15 In response to questions from the Committee, R. Friesen confirmed the applicant intended to create a third unit in the basement, and the two driveways had existed for 20 years. Moved by J. Meader Seconded by S. Hannah That the application of IURIE COVAL and VICTORIA COVAL requesting permission to convert an existing 2 storey duplex dwelling into a triplex having a lot area of 368.7sq.m. rather than the required 495sq.m.; a lot width of 12.1m rather than the required 15m; 1 parking space width of 2.4m rather than the required 2.6m; and, to allow the two existing driveways to remain rather than removing one of the driveways as required by the By-law, on Lot 37, Plan 239, 14 Kennedy Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please review the meeting minutes, which are www.kitchener.ca. Carried 4.7 A 2022-027 - 111 Church Street - DSD-2022-126 Submission No.: A 2022-027 Applicants: Zeeshan Gandapur Property Location: 111 Church Street Legal Description: Part Lot 23 and 24 of Section 4 on Plan 382, being Parts 1 to 3 of Reference Plan 58R-2399 Appearances: In Support: 16 V. Suen Contra: None. Written Submissions: V. Suen The Committee was advised the applicant requested a minor variance to the Zoning By-law to convert an existing single detached dwelling into a triplex on a lot width of 13.1m rather than the required 15m. The Committee considered Development Services Department report DSD-2022- 126, dated March 4, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. V. Suen was in attendance in recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. In response to questions from the Committee, V. Suen confirmed the third unit was intended to be located in the basement. Moved by J. Meader Seconded by M. Kidd That the application of ZEESHAN GANDAPUR requesting permission to the Zoning By-law to convert an existing single detached dwelling into a triplex on a lot width of 13.1m rather than the required 15m, on Part Lot 23 and 24 of Section 4 on Plan 382, being Parts 1 to 3 of Reference Plan 58R-2399, 111 Church Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 17 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please review the meeting m www.kitchener.ca. Carried 4.8 A 2022-028 - 178 Pandora Avenue North - DSD-2022-120 Submission No.: A 2022-028 Applicants: Alicia Vincent and Mark Buckley Property Location: 178 Pandora Avenue North Legal Description: Part Lot 23 to 25, Registered Plan 284 Appearances: In Support: M. Buckley Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to demolish an existing attached garage and construct a 1 storey addition and roof deck in the rear yard of an existing single detached dwelling having a rear yard setback of 7m rather than the required 7.5m; a westerly side yard setback of 0.6m rather than the required 1.2m; a side yard abutting Lydia Street of 3.59m rather than the required 4.5m; a parking space located 0m from the street line rather than the required 6m; a driveway comprised of two separate materials including a walkway rather whereas the By-law requires a consistent material; a secondary parking space located on a driveway to have a length of 3.59m long rather than the required 5.5m; and, to permit a building to encroach into the Driveway Visibility Triangle (DVT) where encroachment is not permitted by the By-law. 18 The Committee considered Development Services Department report DSD-2022- 120, dated March 4, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. M. Buckley noted the requested variance was to improve access to the backyard and parking for two vehicles through a design that complimented the existing dwelling and surrounding neighbourhood. In response to questions from the Committee, T. Malone-Wright confirmed the site plan approval process would not be required. Moved by S. Hannah Seconded by J. Meader That the application of ALICIA NICOLE VINCENT and MARK ANDREW BUCKLEY requesting permission to the Zoning By-law to demolish an existing attached garage and¬ construct a 1 storey addition and roof deck in the rear yard of an existing single detached dwelling having a rear yard setback of 7m rather than the required 7.5m; a westerly side yard setback of 0.6m rather than the required 1.2m; a side yard abutting Lydia Street of 3.59m rather than the required 4.5m; a parking space located 0m from the street line rather than the required 6m; a driveway comprised of two separate materials including a walkway rather whereas the By-law requires a consistent material; a secondary parking space located on a driveway to have a length of 3.59m long rather than the required 5.5m; and, to permit a building to encroach into the Driveway Visibility Triangle (DVT) where encroachment is not permitted by the By-law, on Part Lots 23 to 25, Registered Plan 284, 178 Pandora Avenue North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 19 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into a-making process with respect to the subject application. For more information please www.kitchener.ca. Carried 4.9 A 2022-029 - 75 Otterbein Road - DSD-2022-129 Submission No.: A 2022-029 Applicants: Nitin Jain Property Location: 75 Otterbein Road Legal Description: Block 1 of Registered Plan 58M-654 Appearances: In Support: J. von Westerholt Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to construct a multi-residential development containing two 6 storey apartment buildings each containing 48 units and three townhouse blocks with 57 units for a total of 153 units having a parking rate of 1.1 spaces/unit (169 spaces) rather than the required 1.5 spaces/unit; and, a maximum building height for the apartment buildings of 19.5m rather than the permitted maximum 18m. The Committee considered Development Services Department report DSD-2022- 129, dated March 4, 2022, recommending approval with no conditions as outlined in the report. 20 The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. J. von West recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. In response to questions from the Committee, staff confirmed the application would be going through site plan approval and would meet the parking requirements of the new Zoning By-law. Moved by J. Meader Seconded by M. Kidd That the application of KOLB CREEK LAND CORP. (NITIN JAIN) requesting permission to the Zoning By-law to construct a multi-residential development containing two 6 storey apartment buildings each containing 48 units and three townhouse blocks with 57 units for a total of 153 units having a parking rate of 1.1 spaces/unit (169 spaces) rather than the required 1.5 spaces/unit; and, a maximum building height for the apartment buildings of 19.5m rather than the permitted maximum 18m, on Block 1, of Registered Plan 58M-654, 75 Otterbein Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 21 4.10 A 2022-022 - 230 Hazelglen Drive - DSD-2022-115 Submission No.: A 2022-022 Applicants: Rafael Riobo and Aurora Lozano Property Location: 230 Hazelglen Drive Legal Description: Lot 136, Plan 1286 Appearances: In Support: C. Riobo Lozano Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to convert an existing single detached dwelling into a duplex having the required off-street parking space located 0m from the property line rather than the required 6m. The Committee considered Development Services Department report DSD-2022- 115, dated March 2nd, 2022, recommending approval with no conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. The Committee considered the report of Canadian National Rail Planner dated February 25, 2022, advising they have no objection to this application subject to the requested conditions. C. Riobo Lozano was in attendance in support of th recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the four tests outlined in the Planning Act. In response to questions from the Committee, T. Malone-Wright confirmed staff had reviewed 22 the comments received from CN Rail and felt the conditions were not appropriate recommendation. Moved by S. Hannah Seconded by J. Meader That the application of AURORA GUADALUPE LOZANO JULIO and RAFAEL RIOBO CORTES requesting permission to the Zoning By-law to convert an existing single detached dwelling into a duplex having the required off-street parking space located 0m from the property line rather than the required 6m, on Lot 136, Registered Plan 1286, 230 Hazelglen Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were consider-making process with respect to the subject application. For more information please www.kitchener.ca. Carried 4.11 B 2022-015 - 1080 Queens Boulevard - DSD-2022-116 Submission No.: B 2022-015 Applicants: Rosu Developments Inc. Property Location: 1080 Queens Boulevard Legal Description: Part lot 18, Registered Plan 786 Appearances: In Support: D. Rosu Contra: 23 None. Written Submissions: None. The Committee was advised the applicant requested permission to sever a parcel of land so each half of a semi-detached dwelling being currently constructed can be dealt with separately. The severed land will have a width of 7.57m, a depth of 48.66m and an area of 363.5sq.m. The retained land will have a width of 7.57m, a depth of 48.70m and an area of 363.5sq.m. The Committee considered Development Services Department report DSD-2022- 116, dated March 4, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Principle Planner, dated March 8, 2022, advising they have no concerns with the application subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. D. Rosu was in attendance in support of the applica recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the tests outlined in the Planning Act, and confirmed the application went through the building permit process. Moved by M. Kidd Seconded by S. Hannah That the application of ROSU DEVELOPMENTS INC requesting permission to sever a parcel of land having a width of 7.5m, a depth of 48.6m and an area of 363.5sq.m., on Part lot 18, Registered Plan 786, 1080 Queens Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to ion. 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies 24 of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 3. associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the property owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That the property owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 6. That the property owner shall ensure any new driveways are to be built to Engineering Division. 7. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the property owner shall submit 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. 9. That the property owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the property owner shall have to pump the sewage via a pump and force main 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 property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution for parkland dedication on the severed parcel of land equal in the amount of $3,647.80. 11. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 25 12. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account -making process with respect to the subject application. For more information please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 4.12 B 2022-016 to 023 - 1643 Bleams Road - DSD-2022-128 Submission No.: B 2022-016 to 023 Applicants: Freedom In Christ Pentecostal Assembly Property Location: 1643 Bleams Road Legal Description: Part Lot 140, German Tract Company Appearances: In Support: K. Barisdale J. Klujber 26 Contra: None. Written Submissions: None. The Committee was advised the applicant requested permission to create 8 residential lots on Forestwalk Street which will be conveyed as lot additions to Block 447, on Registered Plan 58M-678 for the construction of future townhouse dwelling units. The retained land will have an area of 40252.35sq.m. and be retained by the Freedom of Christ Pentecostal Assembly. The Committee considered Development Services Department report DSD-2022- 128, dated March 4, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Principle Planner, dated March 8, 2022, advising they have no concerns with the application subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. K. Barisdale and J. Klujber were in attendance in support of the application and T. Malone-Wright introduced the subject application, advised staff found the application to meet the tests outlined in the Planning Act, and noted clerical corrections to Conditions 4 and 5, which should reference the Severed Lands. T. Malone-Wright further reported that the applicant had sent copies of an archaeological assessment to the City and Region of Waterloo, which would allow Condition 7 could be removed. In response to questions from the Committee, T. Malone-Wright confirmed the parking overlapping the severed lands was removed and clarified that the site plan required the removal of a few parking spaces but would not impact the parking requirements of the church. It this date be amended to make the above-noted clerical corrects to Conditions 4 and 5, the above-noted removal of Condition 7, and the addition of a Condition for the applicant to enter into an agreement with the City to address a visual 27 barrier or fence to mitigate light from the church parking lot into the backyard of the properties through the site plan process. Moved by S. Hannah Seconded by J. Meader Submission No. B 2022-016 That the application of FREEDOM IN CHRIST PENTECOSTAL ASSEMBLY, JIM KLUJBER and JUNE PARK requesting permission to sever a parcel of land having a lot width of 11.3 m, a lot depth of 24m and a lot area of 243.5sq.m., on Part Lot 140, German Tract Company, 1643 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of t 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 3. associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City MacDonald Tamblyn Lord Surveying, dated November 16, 2021, attached to Report DSD-2022-128 and Block 447 on Registered Plan 58M-678), to provide the following: o That title to the Severed Lands and Block 447 on Registered Plan 58M- 678 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Block 447 on Registered Plan 58M-678 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied 28 if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 5. That the property own register an Application Consolidation Parcels for the Severed Lands and Block 447 on Registered Plan 58M-678 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $5,198.00. 7. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed parcel, that the property owner agrees to erect a Visual Barrier, along the lot line of the retained parcel, addressed as 1643 Bleams Road, and the Severed Parcel, to the satisfaction of the Supervisor, Site Plans, as part of the Site Plan Approval Process for the development of the townhouse dwelling proposed to be constructed on the Severed Parcel and Block 447 on Registered Plan 58M-678. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. 29 Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2022-017 That the application of FREEDOM IN CHRIST PENTECOSTAL ASSEMBLY, JIM KLUJBER and JUNE PARK requesting permission to sever a parcel of land having a lot width of 6.5m, a lot depth of 19.3m and a lot area of 116.7sq.m, on Part Lot 140, German Tract Company, 1643 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of s Mapping Technologist. 3. associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City n, prepared by MacDonald Tamblyn Lord Surveying, dated November 16, 2021, attached to Report DSD-2022-128 and Block 448 on Registered Plan 58M-678), to provide the following: o That title to the Severed Lands and Block 448 on Registered Plan 58M- 678 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Block 448 on Registered Plan 58M-678 30 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 5. register an Application Consolidation Parcels for the Severed Lands and Block 448 on Registered Plan 58M-678 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $2,994.60. 7. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed parcel, that the property owner agrees to erect a Visual Barrier, along the lot line of the retained parcel, addressed as 1643 Bleams Road, and the Severed Parcel, to the satisfaction of the Supervisor, Site Plans, as part of the Site Plan Approval Process for the development of the townhouse dwelling proposed to be constructed on the Severed Parcel and Block 447 on Registered Plan 58M-678. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. 31 Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2022-018 That the application of FREEDOM IN CHRIST PENTECOSTAL ASSEMBLY, JIM KLUJBER and JUNE PARK requesting permission to sever a parcel of land having a lot width 6.5m, a lot depth of 16.6m and a lot area of 99.2sq.m., on Part Lot 140, German Tract Company, 1643 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 3. associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of MacDonald Tamblyn Lord Surveying, dated November 16, 2021, attached to Report DSD-2022-128 and Block 449 on Registered Plan 58M-678), to provide the following: 32 o That title to the Severed Lands and Block 449 on Registered Plan 58M- 678 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Block 449 on Registered Plan 58M-678 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 5. taking to register an Application Consolidation Parcels for the Severed Lands and Block 449 on Registered Plan 58M-678 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $2,994.60. 7. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed parcel, that the property owner agrees to erect a Visual Barrier, along the lot line of the retained parcel, addressed as 1643 Bleams Road, and the Severed Parcel, to the satisfaction of the Supervisor, Site Plans, as part of the Site Plan Approval Process for the development of the townhouse dwelling proposed to be constructed on the Severed Parcel and Block 447 on Registered Plan 58M-678. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please 33 review the meeting m www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2022-019 That the application of FREEDOM IN CHRIST PENTECOSTAL ASSEMBLY, JIM KLUJBER and JUNE PARK requesting permission to sever a parcel of land having a lot width of 6.5m, a lot depth of 13.9m and a lot area of 81.6sq.m., on Part Lot 140, German Tract Company, 1643 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 3. d associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City MacDonald Tamblyn Lord Surveying, dated November 16, 2021, attached to 34 Report DSD-2022-128 and Block 450 on Registered Plan 58M-678), to provide the following: o That title to the Severed Lands and Block 450 on Registered Plan 58M- 678 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Block 450 on Registered Plan 58M-678 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 5. That the property o register an Application Consolidation Parcels for the Severed Lands and Block 450 on Registered Plan 58M-678 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $2,994.60. 7. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed parcel, that the property owner agrees to erect a Visual Barrier, along the lot line of the retained parcel, addressed as 1643 Bleams Road, and the Severed Parcel, to the satisfaction of the Supervisor, Site Plans, as part of the Site Plan Approval Process for the development of the townhouse dwelling proposed to be constructed on the Severed Parcel and Block 447 on Registered Plan 58M-678. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. 35 Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2022-020 That the application of FREEDOM IN CHRIST PENTECOSTAL ASSEMBLY, JIM KLUJBER and JUNE PARK requesting permission to sever a parcel of land having a lot width of 6.5m, a lot depth of 11.3m and a lot area of 64.4sq.m., on Part Lot 140, German Tract Company, 1643 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City Mapping Technologist. 3. associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City 36 an, prepared by MacDonald Tamblyn Lord Surveying, dated November 16, 2021, attached to Report DSD-2022-128 and Block 451 on Registered Plan 58M-678), to provide the following: o That title to the Severed Lands and Block 451 on Registered Plan 58M- 678 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Block 451 on Registered Plan 58M-678 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 5. register an Application Consolidation Parcels for the Severed Lands and Block 451 on Registered Plan 58M-678 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $2,994.60. 7. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed parcel, that the property owner agrees to erect a Visual Barrier, along the lot line of the retained parcel, addressed as 1643 Bleams Road, and the Severed Parcel, to the satisfaction of the Supervisor, Site Plans, as part of the Site Plan Approval Process for the development of the townhouse dwelling proposed to be constructed on the Severed Parcel and Block 447 on Registered Plan 58M-678. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 37 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2022-021 That the application of FREEDOM IN CHRIST PENTECOSTAL ASSEMBLY, JIM KLUJBER and JUNE PARK requesting permission to sever a parcel of land having a lot width of 6.5m, a lot depth of 8.3m and a lot area of 46.8sq.m., on Part Lot 140, German Tract Company, 1643 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 3. associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 38 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City MacDonald Tamblyn Lord Surveying, dated November 16, 2021, attached to Report DSD-2022-128 and Block 452 on Registered Plan 58M-678), to provide the following: o That title to the Severed Lands and Block 452 on Registered Plan 58M- 678 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Block 452 on Registered Plan 58M-678 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 5. That the property ow register an Application Consolidation Parcels for the Severed Lands and Block 452 on Registered Plan 58M-678 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $2,994.60. 7. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed parcel, that the property owner agrees to erect a Visual Barrier, along the lot line of the retained parcel, addressed as 1643 Bleams Road, and the Severed Parcel, to the satisfaction of the Supervisor, Site Plans, as part of the Site Plan Approval Process for the development of the townhouse dwelling proposed to be constructed on the Severed Parcel and Block 447 on Registered Plan 58M-678. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 39 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2022-022 That the application of FREEDOM IN CHRIST PENTECOSTAL ASSEMBLY, JIM KLUJBER and JUNE PARK requesting permission to sever a parcel of land having a lot width of 6.5m, a lot depth of 5.8m and a lot area of 29.3sq.m., on Part Lot 140, German Tract Company, 1643 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 40 3. associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, MacDonald Tamblyn Lord Surveying, dated November 16, 2021, attached to Report DSD-2022-128 and Block 453 on Registered Plan 58M-678), to provide the following: o That title to the Severed Lands and Block 453 on Registered Plan 58M- 678 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Block 453 on Registered Plan 58M-678 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 5. register an Application Consolidation Parcels for the Severed Lands and Block 453 on Registered Plan 58M-678 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $2,994.60. 7. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed parcel, that the property owner agrees to erect a Visual Barrier, along the lot line of the retained parcel, addressed as 1643 Bleams Road, and the Severed Parcel, to the satisfaction of the Supervisor, Site Plans, as part of the Site Plan Approval Process for the development of the townhouse dwelling proposed to be constructed on the Severed Parcel and Block 447 on Registered Plan 58M-678. 41 It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and t-making process with respect to the subject application. For more information please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2022-023 That the application of FREEDOM IN CHRIST PENTECOSTAL ASSEMBLY, JIM KLUJBER and JUNE PARK requesting permission to sever a parcel of land having a lot width of 6.5m, a lot depth of 3.1m and a lot area of 12sq.m., on Part Lot 140, German Tract Company, 1643 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of 42 Mapping Technologist. 3. shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 4. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City MacDonald Tamblyn Lord Surveying, dated November 16, 2021, attached to Report DSD-2022-128 and Block 454 on Registered Plan 58M-678), to provide the following: o That title to the Severed Lands and Block 454 on Registered Plan 58M- 678 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor Block 454 on Registered Plan 58M-678 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 5. register an Application Consolidation Parcels for the Severed Lands and Block 454 on Registered Plan 58M-678 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $3,638.60. 7. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed parcel, that the property owner agrees to erect a Visual Barrier, along the lot line of the retained parcel, addressed as 1643 Bleams Road, and the Severed Parcel, to the satisfaction of the Supervisor, Site Plans, as part of the Site Plan Approval Process for the development of the townhouse 43 dwelling proposed to be constructed on the Severed Parcel and Block 447 on Registered Plan 58M-678. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please review the meeting www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 4.13 B 2022-024 - 136 Ninth Avenue - DSD-2022-134 Submission No.: B 2022-024 Applicants: 2721350 Ontario Inc. Property Location: 136 Ninth Avenue Legal Description: Part lot 218, Registered Plan 254 Appearances: In Support: M. Streuker S. Shukla 44 Contra: None. Written Submissions: None. The Committee was advised the applicant requested permission to sever a parcel of land having a width of 9.45m, a depth of 30.48m and an area of 288sq.m. The retained parcel of land having a width of 9.45m, a depth of 30.48m and an area of 288sq.m. The existing dwelling is to be demolished and single detached dwellings are proposed. The Chair noted that a written submission had been received regarding this matter from Bell Canada. The Committee considered Development Services Department report DSD-2022- 134, dated March 3, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Principle Planner, dated March 8, 2022, advising they have no concerns with the application subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. M. Streuker and S. Shukla were in attendance in support of the application and staff's recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the tests outlined in the Planning Act, and confirmed the comments received from Bell would be addressed through the City's demolition and building processes. Moved by J. Meader Seconded by M. Kidd That the application of 2721350 ONTARIO INC requesting permission to sever a parcel of land having a width of 9.45m, a depth of 30.48m and an area of 288sq.m., on Part Lot 218, Registered Plan 254, 136 Ninth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to 45 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 3. That the property associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 4. That the property owner shall obtain Demolition Control approval, in -law, to the satisfaction of the Manager of Development Review. 5. That the property owner obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. 6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services Division. 7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding Engineering Services Division prior to deed endorsement. 8. That the property owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 9. That the property owner shall ensure any new driveways are to be built to 10. That the property owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the property owner shall 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. 46 11. That the property owner shall make financial arrangements to the City of Kitchener for a cash-in-lieu contribution to a park dedication of $4,347.00. 12. That the property 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. The property owner shall prepare a Tree Preservation/Enhancement Plan and where necessary, implemented prior to any grading, tree removal or the issuance of demolition and 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 property owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior c. The property owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life of the development. 13. That the property owner shall fulfil one of the following three requirements to ensure that any City-owned tree will not be impacted by the proposed development: 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. The property owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City-owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the ii. The property owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of build Parks & Cemeteries. 47 iii. The property owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life of the development. b. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: i. The property owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, s. No changes to the said plan shall be granted except with the prior ii. The property owner shall implement the approved Street Tree Planting es. c. Make arrangements regarding financial compensation for the tree to be 14. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 15. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please review the meeting www.kitchener.ca. 48 Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 4.14 B 2022-025 - 20 Second Avenue - DSD-2022-132 Submission No.: B 2022-025 Applicants: 2629250 Ontario Inc. Property Location: 20 Second Avenue Legal Description: Lot 20, Plan 254 Appearances: In Support: P. Chauvin Contra: None. Written Submissions: None. The Committee was advised the applicant requested permission to sever a parcel of land having a width of 10.05m, a depth of 40.23m and an area of 404.71sq.m. The retained parcel of land having a width of 10.05m, a depth of 40.23m and an area of 404.71sq.m. The existing dwelling is to be demolished and single detached dwellings are proposed. The Committee considered Development Services Department report DSD-2022- 132, dated March 2, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Principle Planner, dated March 8, 2022, advising they have no concerns with the application subject to conditions as outlined in the report. 49 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application and advised staff found the application to meet the tests outlined in the Planning Act. Moved by S. Hannah Seconded by J. Meader That the application of 2629250 ONTARIO INC. and KELLY WAGNER requesting permission to sever a parcel of land having a width of 10m, a depth of 40.2m and an area of 404.7sq.m., on Lot 20, Plan 254, 20 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 3. associated fees for the Certificate Official to the satisfaction of the Secretary- Treasurer and City Solicitor if required. 4. That the property owner makes financial arrangements with the City of Kitchener for a cash-in-lie contribution to a park dedication of $4623.00. 5. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the property owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the 50 corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 7. That the property owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 8. That the property owner shall ensure any new driveways are to be built to 9. That the property owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the property owner shall 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 property 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. The property owner shall prepare a Tree Preservation/Enhancement Plan 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 property owner shall implement the approved plan. No changes to the Director of Planning and the Director of Parks and Cemeteries. 11. That the property owner shall obtain Demolition Control approval in -law to the satisfaction of the Manager of Development Review. 12. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. 51 13. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. 14. That property owner shall enter into an agreement with the Region of Waterloo to be registered on title for both the retained and severed lands that includes the requirement for the following noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, to the satisfaction of the Region of Waterloo: a. designed with the provision of adding central air conditioning at the air condition 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 Region of Waterloo and the Ministry of Envir b. increasing transportation noise on Conestoga Parkway (Highway 7/8) and Kingsway Drive may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation c. Warning- from the existing commercial land uses in the vicinity may at times be audible and might sometimes interfere with some activities of the dwelling 15. That the property owner shall fulfil one of the following three requirements to ensure that any City-owned tree will not be impacted by the proposed development: 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. The property owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City-owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to 52 the said plan shall be granted except with the prior approval of the ii. The property owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the Parks & Cemeteries. iii. The property owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life of 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. The property owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, changes to the said plan shall be granted except with the prior ii. The property owner shall implement the approved Street Tree Planting OR c. Make arrangements regarding financial compensation for the tree to be es. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Com-making 53 process with respect to the subject application. For more information please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 4.15 B 2022-026 - 525 New Dundee Road - DSD-2022-133 Submission No.: B 2022-026 Applicants: HIP New Dundee GP Inc. Property Location: 525 New Dundee Road Legal Description: Parts 1 and 2 on Registered Plan 58-19982 Appearances: In Support: D. Aston Contra: None. Written Submissions: None. The Committee was advised the applicant requested permission to sever a parcel of land having a width of 67.96m, a depth of 157.54m and an area of 17941sq.m. The retained parcel of land having a width of 247.04m, a depth of 540.82m and an area of 180479sq.m. The severed land is proposed for an 8 storey mixed-use building, the retained land will be maintained Natural Heritage Conservation. The Committee considered Development Services Department report DSD-2022- 133, dated March 3, 2022, recommending approval with conditions as outlined in the report. 54 The Committee considered the report of the Region of Waterloo Principle Planner, dated March 8, 2022, advising they have no concerns with the application subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. D. Aston was in attendance in support recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the tests outlined in the Planning Act, and confirmed the site plan approval had since been granted and building permit issued. In response to questions from the Committee, T. Malone-Wright explained that the Region does 9 as the site had since been graded. D. Aston reported they had contacted the Region regarding Conditions 7, 8, and 9 of the staff report and was told the Region would be supportive if they were not imposed but was prepared to sign-off the Conditions should they remain. It was suggested an this date be amended to remove Condition 9 as the item had been dealt with through the site plan process. Moved by J. Meader Seconded by M. Kidd That the application of HIP NEW DUNDEE GP INC. and JOEL DOHERTY requesting permission to sever a parcel of land having a width of 67.96m, a depth of 157.54m and an area of 17941sq.m., on Parts 1 and 2 on Registered Plan 58-19982, 525 New Dundee Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to vision. 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of 55 Mapping Technologist. 3. associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 4. The property owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor which shall acknowledge that the retained lands are un-serviced and all provide for the installation of services and service connections to the retained lands. The agreement shall further require the property owner to include a notice provision in all future Agreements of Purchase and Sale for the retained lands advising potential Purchaser(s) that the retained lands are un-serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the retained lands. 5. That the property owner shall submit a site plan application to the Planning Division to acknowledge the updated lot area and other statistics of the severed lands. 6. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 7. That the property owner shall ensure a licensed Archaeologist prepares an Archaeological Assessment on the lands to be severed and a copy of the Ministry of Heritage, Sport, Tourism and Culture Industries Acknowledgement letter (s) and the Assessment Report must be provided to Regional Staff to Services Department. 8. That the property owner shall ensure recommendations from an accepted Archaeological Assessment report(s) will be secured through a development agreement with the City of Kitchener, or an alternative mechanism acceptable to the Region of Waterloo, as necessary. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 56 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 4.16 A 2022-030, A 2022-031 & B 2022-027 - 170 Waterloo Street - DSD-2022-121 Submission No.: A 2022-030 to 031, B 2022-027 Applicants: Vladan Knezevic Property Location: 170 Waterloo Street Legal Description: Part Lot D, Plan 386 Appearances: In Support: V. Knezevic Contra: None. Written Submissions: J. Broschek K. Broscheck T. Bedard The Committee was advised the applicant requested permission to sever a parcel of land having a width on Duke Street West of 15.15m, a depth of 57 20.11/24.74m and an area of 346sq.m. The retained land with the existing detached dwelling will have a width on Waterloo Street of 16.80m, a depth of 23.81 and an area of 415.5sq.m. Requesting minor variances to the Zoning By- law for the severed parcel to have a rear yard setback of 6m rather than the required 7.5m. Requesting minor variances to the Zoning By-law for the retained parcel to have a rear yard setback of 2.3m rather than the required 7.5m; a side yard setback abutting Duke Street West of 2m rather than the required 4.5m; and, to permit a covered or enclosed porch with a height greater than 0.6m to be setback 0.63m from the rear lot line rather than the required 7.5m. The severed parcel is intended for the construction of a duplex dwelling. The Committee considered the written submissions in opposition to the subject application. The Committee considered Development Services Department report DSD-2022- 121, dated March 4, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 25, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Region of Waterloo Principle Planner, dated March 8, 2022, advising they have no concerns with the application subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 28, 2022, advising they have no concerns with the subject application. V. Knezevic was in attendance in support of the application recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and confirmed the application would be required to obtain a building permit. V. Knezevic stated their opposition to Condition 6 as they do not intend to build this year and are unsure why it is a condition of the severance. The Committee explained Condition 6 provided the opportunity for staff to require any building code concerns on the retained lot to be addressed and clarified that opportunity would be lost once the lots are severed. The Committee acknowledged the concerns raised in the written submissions and confirmed the applicant would address drainage through the City's building 58 permit process, noted the applicant confirmed encroachment would not be a concern, and that site lines would not be impacted. Moved by S. Hannah Seconded by J. Meader Submission: A 2022-030 That the application of VLADAN KNEZEVIC requesting permission for the retained parcel to have a rear yard setback of 2.3m rather than the required 7.5m; a side yard setback abutting Duke Street West of 2m rather than the required 4.5m; and, to permit a covered or enclosed porch with a height greater than 0.6m to be setback 0.63m from the rear lot line rather than the required 7.5m., on Part Lot D, Plan 386, 170 Waterloo Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. Carried Submission No. A 2022-031 That the application of VLADAN KNEZEVIC requesting permission for the severed parcel to have a rear yard setback of 6m rather than the required 7.5m. The severed parcel is intended for the construction of a duplex dwelling, on Part Lot D, Plan 386, 170 Waterloo Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 59 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken -making process with respect to the subject application. For more information please www.kitchener.ca. Carried Submission No. B 2022-027 That the application of VLADAN KNEZEVIC requesting permission to sever a parcel of land having a width on 15.15m, a depth of 20.11m and an area of 346sq.m, on Part Lot D, Plan 386, 170 Waterloo Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to 2. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 3. That the property owner shall ensure Minor Variance Applications A2022-030 and A2022-031 receive final approval. 4. itor 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 property owner shall make financial arrangements with the City of Kitchener for a cash-in-lieu contribution to a park dedication of $6,969.00. 6. That the property owner shall: a. Complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the 60 address items such as, but not limited to, spatial separation of existing ommendations such as closing in of openings pending spatial separation calculation results. b. A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. 7. That the property 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 lands which shall include the following: a. That the property owner shall prepare a Tree Preservation/Enhancement nagement Policy, to be implemented prior to any grading or the issuance of demolition and 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 and protected on neighbouring lands. b. The property owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of c. The property owner shall ensure any new driveways are to be built to City 8. The property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, which shall acknowledge that the severed lands are un-serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the property owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un-serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands. 9. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 10. That the property owner shall ensure an agreement between the property owner and the Region of Waterloo be registered on title that includes the requirement for the following noise mitigation and warning clauses in all 61 agreements of Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: a. The dwelling will be installed with forced air-ducted heating system suitably sized and designed with the provision of adding central air conditioning. b. The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements: i. designed with the provision of adding central air conditioning at the tallation of central air condition 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 Region of Waterloo and ii. increasing noise from the Region of Waterloo Railway may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks 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. 11. That the property owner shall enter into an agreement with the Region of Waterloo to be registered on title that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: a. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements: i. increasing noise from the Region of Waterloo Railway may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of 62 Waterloo and the Ministry of the Environment Conservation & Parks b. 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. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the property owner shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 5. ADJOURNMENT On motion, the meeting adjourned at 11:33 p.m. Sarah Goldrup Acting Secretary-Treasurer Committee of Adjustment 63