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HomeMy WebLinkAboutCA Agenda - 2022-07-191 KiTc�ivER Committee of Adjustment Agenda Tuesday, July 19, 2022, 10:00 a.m. -12:00 p.m. Electronic Meeting (Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically TUESDAY, JULY 19, 2022, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. The City of Kitchener has aligned with provincial changes to COVID-19 restrictions and City Hall is now open for in person services, but appointments are still being encouraged. The City remains committed to safety of our patrons and staff and continue to facilitate electronic meeting participation for members of the public. Applicants or Agents must register to participate electronically in support of the application. This is a public meeting, anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. If you wish to register, please email CofA@kitchener.ca or via phone at 519-741-2203. Please note this electronic meeting is a public meeting and will be recorded. Pages 1. COMMENCEMENT 2. UNFINISHED BUSINESS 2.1. B 2022-035 — 5 South Drive, DSD -2022-300 6 Requesting consent to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m. The retained parcel of land having a width of 9.6m, a depth of 40.8m and an area of 410.1 sq. m. The parcel of land is to be severed so the existing single detached dwelling can be demolished and new duplexed dwellings constructed on each lot. 3. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 3.1. A 2022-070 - Rosenberg Way & Amand Drive (Parts 1-6, Reference Plan 35 58R-21442), DSD -2022-325 Requesting a minor variance to the Zoning By-law to allow for a maximum building height of 12m rather than the required maximum 10.5m. 3.2. A 2022-072 - 177 Eden Oak Trail, DSD -2022-350 47 Requesting a minor variance to the Zoning By-law to construct a detached additional dwelling unit in the northerly side yard of an existing single detached dwelling whereas the proposed location is not permitted by the By-law because it is a corner lot. 3.3. A 2022-073 - 10 Langton Drive, DSD -2022-329 63 Requesting a minor variance to the Zoning By-law to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.8m rather than the required 4m. 3.4. A 2022-074 - 240 Chapel Street, DSD -2022-324 74 Requesting a minor variance to the Zoning By-law to legalize the existing single detached dwelling having an easterly side yard setback of 0.4m rather than the required 1.2m in support of the construction of a detached additional dwelling unit. 3.5. A 2022-075 - 50 Otterbein Road, DSD -2022-362 94 Requesting a minor variance to the Zoning By-law to develop a vacant lot into an 8 -storey multi -residential building with 194 units having a maximum Floor Space Ratio (FSR) of 2.45 rather than the required maximum of 2. 3.6. A 2022-076 - 95 Patricia Avenue, DSD -2022-335 101 Requesting a minor variance to the Zoning By-law to allow for the conversion of the existing single detached dwelling into a duplexed dwelling having a driveway width of 6.5m rather than the permitted maximum 6.09m; and, off-street parking space located 2.9m from the street line rather than the required 6m. 3.7. A 2022-077 - 211 Pioneer Tower Road, DSD -2022-344 111 Requesting consent to enlarge or extend a legal non -conforming use to facilitate the construction of a one -storey storage shed whereas a shed would not be permitted by the Zoning By-law because the lot is designated a Natural Conservation Zone (NHC-1). 3.8. A 2022-078 - 125 Uplands Drive, DSD -2022-330 121 Requesting a minor variance to the Zoning By-law to construct an attached garage by enclosing the existing attached car port to a single detached dwelling having a southerly side yard setback of 1 m rather than the required 1.2m. Page 2 of 276 3.9. A 2022-079 - 31 Monterey Road, DSD -2022-336 132 Requesting a minor variance to the Zoning By-law to convert the garage of an existing single detached dwelling into a home office space having an off-street parking space 3.2m from the street line rather than the required 6m. 3.10. A 2022-080 - 64 Wilhelm Street, DSD -2022-337 143 Requesting a minor variance to the Zoning By-law to legalize the driveway of an existing single detached dwelling having off-street parking Om from the street line rather than the required 6m to support the construction of a detached additional dwelling unit in the northerly side yard. 3.11. A 2022-081 -149-151 Ontario Street North & 21 Weber Street West, 160 DSD -2022-354 Requesting a minor variance to the Zoning By-law to develop an office and residential building into a mixed-use residential building with 230 units having an off-street parking ratio of 0 parking spaces/unit rather than the required 0.165 spaces/unit (19 spaces total) for units larger than 50sq.m.; and, an off-street parking ratio of 0 parking spaces/unit rather than the required 1 space/unit (115 spaces total) for units smaller than 50sq.m. 3.12. A 2022-082 - 544 Bridgeport Road, DSD -2022-353 170 Requesting a minor variance to the Zoning By-law to construct a second mixed-use residential building with 96 units identified as Construction Phase II on the subject property having an off-street parking ratio of 0.75 parking spaces/unit (72 spaces total) rather than the required 1 space/unit (96 spaces total). 3.13. A 2022-083 - 99 Becker Street, DSD -2022-355 180 Requesting a minor variance to the Zoning By-law to construct an additional unit for an existing multi -residential building with 11 units having an having an off-street parking ratio of 1.15 parking spaces/unit (14 spaces total) rather than the required 1.5 space/unit (18 spaces total); parking located between the facade 3m from the front lot line whereas that is not permitted by the By-law; and, off-street parking space Om from the street line rather than the required 3m. 3.14. A 2022-084 to 088 - 26, 28, 30, 32 and 34 Pony Way (Units 21 to 25), 189 DSD -2022-338, DSD -2022-339, DSD -2022-340, DSD -2022-341, DSD - 2022 -342 Requesting a minor variance to the Zoning By-law to construct decks in the rear yard of five attached townhouse dwelling units having a rear yard setback of 2.5m rather than the required 4m; and, a deck exceeding 0.6m in height due to grading, to be located a minimum of 2.5m from the rear lot line, rather than the required 4m. Page 3 of 276 3.15. A 2022-089 to 094 - 3, 11, 13, 21, 23 & 29 Shaded Creek Drive, DSD- 209 2022-352 Requesting a minor variance to the Zoning By-law to develop a vacant lot into 3 blocks of attached townhouse dwellings where the end units of each block have, 6 units in total have a maximum garage width of 78% of the front facade rather than the required maximum 60%. 3.16. A 2022-095 - 165 Courtland Avenue East, DSD -2022-351 220 Requesting a minor variance to the Zoning By-law to develop a vacant lot into a 4 -storey multi -residential building with 30 units having an off-street parking ratio of 0.76 parking spaces/unit (23 spaces total) rather than the required 1.25 space/unit (38 spaces total); and, 10% of parking to be designated visitor parking (2 parking spaces) rather than the required 20% (5 parking spaces). 3.17. A 2022-096 - 247 Glasgow Street, DSD -2022-346 227 Requesting a minor variance to the Zoning By-law to construct a 2 -storey addition on an existing single detached dwelling having an easterly side yard setback of 3.6m rather than the required 4.5m. 3.18. A 2022-097 - 296 Highland Road East, DSD -2022-357 236 Requesting a minor variance to the Zoning By-law to develop the existing commercial space into a dentist office having Health Clinic as a permitted use; and, for the Health Clinic to have a maximum gross floor area of 368 sq.m. rather than the maximum 300 sq.m. to allow the dental clinic to occupy the existing building. 3.19. B 2022-039 - 63 Stanley Avenue, DSD -2022-343 245 Requesting consent to sever a parcel of land having a width of 13.7m, a depth of 45.5m and an area of 625.2sq.m. The retained parcel of land having a width of 16.7m, a depth of 45.5m and an area of 763.7sq.m. The parcel of land is to be severed so a single detached dwelling can be constructed on the vacant lot. 3.20. B 2022-040 & B 2022-041 - 452 & 456 Prospect Avenue, DSD -2022-345 259 Requesting consent to sever a portion of the rear yard of 452 Prospect Avenue to convey the lands to 456 Prospect Avenue and sever the rear yard of 456 Prospect Avenue combined with the conveyed lands to create a new lot fronting onto Broadview Avenue for the construction of single detached dwelling. The combined severed parcel of land having a width of 25.2m, a depth of 24.5m and an area of 617sq.m. The retained parcel of land municipally addressed -as 456 Prospect Avenue having a width of 12.2m, a depth of 38.2m and an area of 465.7sq.m. 4. ADJOURNMENT Page 4 of 276 5. PLANNING ACT INFORMATION • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519- 741-2203). • copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Ontario Land Tribunal (OLT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Dianna S a u n d e r s o n at dianna.saunderson@kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. The Notice of Hearing for this meeting was published the Record on the 30th day of June, 2022. Dianna Saunderson Secretary -Treasurer Manager, Council & Committee Services/Deputy Clerk Page 5 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 21, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 7, 2022 REPORT NO.: DSD -2022-300 SUBJECT: Consent Application B2022-035 Address: 5 South Drive Owner: SSB Developments Ltd. RECOMMENDATION: That Consent Application B2022-035 requesting consent to sever a parcel of land having a lot width of 9.6 metres, a lot depth of 38.2 metres and a lot area of 378.5 square metres, BE APPROVED subject to the following conditions: That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the property owner obtains Demolition Control Approval, in accordance with the City's Demolition Control By-law, to the satisfaction of the City's Supervisor, Development Applications. 5. That the property owner obtains 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 enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 6 of 276 Supervisor, Site Plans, and registered on title of the severed and retained lands, which shall include the following: a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed and retained lands, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 7. That the property owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the property owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 9. That the property owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 10. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building, and in a paired location to the satisfaction of the City's Directors of Transportation and Engineering Services. 11. That the property owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need 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 City's Director of Engineering Services. 12. That the property owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to $4,704.49 of the value of the lands to be severed. 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 to the severed and retained lands, which shall include the following: i) That the owner shall prepare a Tree Preservation and Enhancement Plan, in Page 7 of 276 accordance with the City's Tree Management Policy, demonstrating protection and preservation of the City -owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City's Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks and Cemeteries. ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Director Parks and Cemeteries. iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation 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) That 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/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks and Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks and Cemeteries. ii) That the property owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks and Cemeteries. OR c) Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks and Cemeteries. 14. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 15. That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. 16. That prior to final approval, an agreement between the owner/applicant and the City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: Page 8 of 276 Dwellings on both Severed and Retained Lots: a) The dwelling units must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: Type C - "The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may 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 and Parks (MECP). In addition, this dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP. " ii. Type B and Stationary Noise - "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, 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 and Parks (MECP). " REPORT HIGHLIGHTS: The purpose of this report is to provide recommendations for the approval of the request to sever the lot to redevelop with two duplexes. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located near the intersection of South Drive and Queens Boulevard located south of the St. Mary's General Hospital. Page 9 of 276 Figure 1: Location map: 5 South Drive The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1 and `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051, which is currently under appeal. The applicant is requesting consent to create 2 new lots to be able to develop a new duplex dwelling on each. The severed lands will have a width of 9.6 metres, a depth of 38.2 metres and an area of 378.5 square metres. The retained lands will have a width of 9.6 metres, a depth of 40.8 metres and an area of 410.1 square metres. City staff conducted a site inspection of the property on June 31d, 2022. Page 10 of 276 Figure 2: Front view of existing dwelling at 5 South Drive 241 LO' 242 1 Figure 3: Severance sketch of two lots Page 11 of 276 REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the consent to create 2 new lots for duplex dwellings is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to high order transit and the subject lands are in closer proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject lands are located within the City's delineated built up area. The consent application to create 2 new lots for duplex dwellings is consistent with the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, semi-detached duplex dwellings, street townhouse dwellings, and low-rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built form. Page 12 of 276 The proposed severance and use would conform with the residential land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; C) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Zoning By-laws 85-1 and 2019-051 The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1 and `Low Rise Residential Four Zone (RES -4)' in new Zoning By-law 2019-051, which is currently under appeal. The `R-5' zone and `RES -4' zone permits a range of low-density dwelling types such as single detached, semi-detached, and duplex dwellings. Both `R-5' and `RES -4' Zone requires a minimum lot width of 9 metres and minimum lot area of 235 square metres. The proposed lot widths and lot areas of the proposed severed and retained lots exceed the minimum `R-5' and `RES -4' zone lot width and lot area requirements. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Page 13 of 276 Environmental Planning Comments: Standard tree management condition to enter into an agreement to complete/implement/maintain Tree Preservation/Enhancement Plan registered on both severed and retained lands prior to demolition, grading and building permit. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson(niall.melanson(c�kitchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. • The Owner shall extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Parks/Operations Division Comments: Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,704.49. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 9.601 metre at a land value of $9,200 per frontage metre. Two City -owned trees (tree ID # 159191,187075) will be impacted by the proposed development and the owner shall fulfill one of the following three requirements: 1. 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 to the severed and retained lands, which shall include the following: That the owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City's Tree Management Policy, demonstrating protection and preservation of the City -owned tree that is located adjacent to the severed and/or Page 14 of 276 retained lands, to the satisfaction of and approval by the City's Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks and Cemeteries. ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Director Parks and Cemeteries. iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. M 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: That 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/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks and Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks and Cemeteries. ii) That the property owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks and Cemeteries. c) Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks and Cemeteries. Transportation Planning Comments: Transportation Services have no concerns with the proposed severance. However, we offer the following comments. That the driveways for the proposed developments be paired to eliminate the existing condition of the driveway access being located by the pedestrian crosswalk (see below image). This would eliminate any possible conflicts between vehicles and pedestrians within the crosswalk. Page 15 of 276 Region of Waterloo Comments: Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted and may result in delayed approvals. Environmental Noise: Regional Staff note that the subject lands are in close proximity to Queens Boulevard and St. Mary's Hospital and the existing and proposed dwellings in the retained and severed lots will likely have impacts from transportation and stationary noise sources. It is the responsibility of the applicant to ensure the proposed development is not adversely affected by anticipated transportation (traffic) and stationary (hospital) noise impacts. Regional Official Plan (ROP) Policy 2.G.10 addresses potential land use compatibility issues due to the encroachment of sensitive land uses and potentially incompatible uses on one another. Moreover, ROP Policy 2.G.13 indicates that a noise study may be required for a development application for a sensitive land use submitted in the vicinity of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit terminals, railways or Area Municipal roads. In order for this consent application to conform to ROP policy 2.G.10 and 2.G.13, land use compatibility must be addressed. In lieu of requiring a detailed transportation and stationary noise study, and because the transportation noise source is a City of Kitchener municipal road, Regional staff require that the owner/applicant of the units on all (retained and severed) lots will be required to enter into a registered agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements: Dwellings on both Severed and Retained Lots: a) The dwelling units must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: Type C - "The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region Page 16 of 276 of Waterloo and the Ministry of the Environment Conservation and Parks (MECP). In addition, this dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP." ii. Type B and Stationary Noise — "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, 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 and Parks (MECP). " The Region has no objection to the proposed application, subject to the following conditions: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2. That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. 3. That prior to final approval, an agreement between the owner/applicant and the City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: Dwellings on both Severed and Retained Lots: a) The dwelling units must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: Type C - "The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may 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 and Parks (MECP). In addition, this dwelling has been fitted with a forced air - ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP." ii. Type B and Stationary Noise — "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, 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 and Parks (MECP)." Page 17 of 276 Grand River Conservation Authority Comments: Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at or 519-621-2763 ext. 2230. Bell Canada Comments: Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on the property known municipally as 5 South Drive, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 1.5m wide easement, to encompass the buried facilities and extend the length of the rear of the property. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify the precise location. Since the intention of the requested easement is to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me at charleyne.hall(o)-bell.ca or 705-722-2264. Planning Response: Planning staff received comments from Bell Canada in regards to the proposed severance. Bell has requested easements in favour of their utilities in the area. The location of the requested easement is not accessible and being requested in isolation of a comprehensive plan to acquire access. Staff are of the opinion that the requests made are outside of the scope of the application and will not be included as a condition in the recommendation section. Page 18 of 276 18 0 Gf 0 F, 3'v 4r� ZApproximate location active Bell Canada buried facilities, locates necessaryto cQnfrrm precise i©cation. 23 /. ^_4 27 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 19 of 276 Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rl oo.ca Peter Ellis 519-503-2536 D20-20/22 KIT June 6, 2022 Re: Comments for Consent Applications B2022-035, B2022-036 to B2022-038 Committee of Adjustment Hearing June 21, 2022 CITY OF KITCHENER B2022-035 5 South Drive SSB Developments Ltd (Owners) The owner/applicant is proposing to sever the existing lot into two lots and create a duplex on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Document Number: 4082054 Page 20 of 276 - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Environmental Noise: Regional Staff note that the subject lands are in close proximity to Queens Boulevard and St. Mary's Hospital and the existing and proposed dwellings in the retained and severed lots will likely have impacts from transportation and stationary noise sources. It is the responsibility of the applicant to ensure the proposed development is not adversely affected by anticipated transportation (traffic) and stationary (hospital) noise impacts. Regional Official Plan (ROP) Policy 2.G.10 addresses potential land use compatibility issues due to the encroachment of sensitive land uses and potentially incompatible uses on one another. Moreover, ROP Policy 2.G.13 indicates that a noise study may be required for a development application for a sensitive land use submitted in the vicinity of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit terminals, railways or Area Municipal roads. In order for this consent application to conform to ROP policy 2.G.10 and 2.G.13, land use compatibility must be addressed. In lieu of requiring a detailed transportation and stationary noise study, and because the transportation noise source is a City of Kitchener municipal road, Regional staff require that the owner/applicant of the units on all (retained and severed) lots will be required to enter into a registered agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements: Dwellings on both Severed and Retained Lots: a) The dwelling units must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: i. Type C - "The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may 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 and Parks (MECP). In addition, this dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors Document Number: 4082054 Page 21 of 276 to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP." Type B and Stationary Noise — "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, 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 and Parks (MECP). " The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. 3) That prior to final approval, an agreement between the owner/applicant and the City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: Dwellings on both Severed and Retained Lots: a) The dwelling units must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: Type C - "The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may 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 and Parks (MECP). In addition, this dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby Document Number: 4082054 Page 22 of 276 ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP." ii. Type B and Stationary Noise — "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, 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 and Parks (MECP)." 9 Pleasant Avenue DSQ Corp. (Owners) / Khaled M. Berbash (Can -Connect Developments Inc — Applicant) The owner/applicant is proposing to sever the existing lot into a total of four lots for the purpose of building two single detached and two semi-detached dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application ($350.00 x 3 applications = $1,050.00) prior to final approval of the consent. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Document Number: 4082054 Page 23 of 276 Environmental Noise: Regional Staff note that the subject lands are in close proximity to Queens Boulevard and St. Mary's Hospital and the proposed dwellings in the retained and severed lots will likely have impacts from transportation and stationary noise sources. It is the responsibility of the applicant to ensure the proposed development is not adversely affected by anticipated transportation (traffic) and stationary (hospital) noise impacts. Regional Official Plan (ROP) Policy 2.G.10 addresses potential land use compatibility issues due to the encroachment of sensitive land uses and potentially incompatible uses on one another. Moreover, ROP Policy 2.G.13 indicates that a noise study may be required for a development application for a sensitive land use submitted in the vicinity of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit terminals, railways or Area Municipal roads. In order for this consent application to conform to ROP policy 2.G.10 and 2.G.13, land use compatibility must be addressed. In lieu of requiring a detailed transportation and stationary noise study, and because the transportation noise source is a City of Kitchener municipal road, Regional staff require that the owner/applicant of the units on all (retained and severed) lots will be required to enter into a registered agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements: Dwellings on ALL Lots: a) The dwelling units must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: Type C - "The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may 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 and Parks (MECP). In addition, this dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP." ii. Type B and Stationary Noise — "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the Document Number: 4082054 Page 24 of 276 municipal street system, and stationary noise from the existing land uses in the vicinity, 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 and Parks (MECP). " The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. 3) That prior to final approval, an agreement between the owner/applicant and the City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: Dwellings on ALL Lots: a) The dwelling units must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: Type C - "The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may 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 and Parks (MECP). In addition, this dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP." ii. Type B and Stationary Noise — "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, may on occasions interfere with some Document Number: 4082054 Page 25 of 276 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 and Parks (MECP)." General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 4082054 Page 26 of 276 June 3, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: June 21, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — June 21, 2022 Applications for Minor Variance A 2022-060 1680 Victoria Street North A 2022-061 15 Palace Street A 2022-063 145 Byron Avenue A 2022-064 79 Stanley Avenue A 2022-065 5-305 Briarmeadow Drive A 2022-066 10 Castlebay Street A 2022-067 58 Brubacher Street A 2022-068 49 Queen Street North A 2022-069 92 River Road East A 2022-071 17 Benton Street Applications for Consent B 2022-035 5 South Drive B 2022-036 to 038 9 Pleasant Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(ab-grandriver. ca or 519- 621-2763 ext. 2230. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 27 of 276 Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 28 of 276 Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 June 6, 2022 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 E-mail Only: Committee of Adjustment Subject: Application for Consent B2022-035 5 South Drive Kitchener ON Bell File: 519-22-404 Thank you for your correspondence. Tel: 705-722-2264 Fax: 705-726-4600 E-mail: charleyne.hall@bell.ca cofa@kitchener.ca Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on the property known municipally as 5 South Drive, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 1.5m wide easement, to encompass the buried facilities and extend the length of the rear of the property. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify the precise location. Since the intention of the requested easement is to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Yours truly, 0.1.fN m Charleyne Hall Right of Way Associate Page 29 of 276 �4� yJf 2, Y� Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 June 6, 2022 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 E-mail Only: Committee of Adjustment Subject: Application for Consent B2022-035 5 South Drive Kitchener ON Bell File: 519-22-404 Thank you for your correspondence. Tel: 705-722-2264 Fax: 705-726-4600 E-mail: charleyne.hall@bell.ca cofa@kitchener.ca Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on the property known municipally as 5 South Drive, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 1.5m wide easement, to encompass the buried facilities and extend the length of the rear of the property. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify the precise location. Since the intention of the requested easement is to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Yours truly, 0.1.fN m Charleyne Hall Right of Way Associate Page 29 of 276 To: The Committee of Adjustment, City of Kitchener From: Steven Lyons June 20th 2022 RE: Application for Minor Variance for lot B 2022-035 - 5 South Drive. Dear Committee, Please consider the following information and concerns pertaining to the severing of the lot at 5 South Drive before making a decision. General. The neighbourhood situated around 5 South Drive is mature and well balanced in terms of population density and style of dwellings. City planners in the past wisely limited the modification of single family dwellings to include expansion to allow duplexing of such dwellings. A number of houses on South Drive have been duplexed, as is mine and others on Queen's Blvd. Over the years, this has increased the population density in the immediate area to a maximum comfortable range. Issues of Concern: Below is a list of concerns regarding the severing of the lot at 5 South Drive with the expectation that the existing dwelling will be demolished and two separate duplexed dwellings be built on the severed properties: The immediate result of the above actions would increase the population density four -fold on the single lot size. Further, the parking spaces allotted to the four tenants would mean that the frontage of the buildings would be filled with motor vehicles. Eight vehicles would remove any green space in front of the dwellings. Parking on South Drive has been allotted for the use of guests of house owners who may park on the street by use of two parking tags per house. The no parking without a tag by-law dissuades persons visiting St. Mary's Hospital from cluttering the street with cars. Parking is also limited to one side of the street. Overflow of vehicles from 5 South Drive would take away from parking privileges for other home owners on the street. It has yet to be seen how two separated duplexed buildings can be fitted into the existing width of land without creating variances of known good bylaws regarding setbacks from property lines. Additionally, it is understood that the buildings would be three storeys tall. The height of the building would limit the day -time exposure of sunlight to my backyard. In the winter months the backyard would Page 31 of 276 e receive little sunlight as the sun's inclination would be the lowest on the horizon and be completely blocked by the new building. See figure 1 estimating the limited Solar Access to sunlight through summer and winter seasons. Figure 1, Solar Access to Backyard and Fish Pond Also, there is the concern of privacy for any North facing windows looking down into my backyard. The existing dwelling has the garage facing toward my backyard. A privacy fence is not necessary. Now, with a three storey building contemplated, a privacy fence would need to be erected. According to bylaw, maximum height of a backyard privacy fence is 2.4 m and must be placed no closer than 4.5m from the property line. This would place the fence at the edge of the driveway. Page 32 of 276 4D x x Figure 1, Solar Access to Backyard and Fish Pond Also, there is the concern of privacy for any North facing windows looking down into my backyard. The existing dwelling has the garage facing toward my backyard. A privacy fence is not necessary. Now, with a three storey building contemplated, a privacy fence would need to be erected. According to bylaw, maximum height of a backyard privacy fence is 2.4 m and must be placed no closer than 4.5m from the property line. This would place the fence at the edge of the driveway. Page 32 of 276 Environmental Concerns: The dwelling on 5 South Drive is in very good shape as it stands today. I have been invited inside by the previous two neighbours, and it is in "move in" condition. I cannot understand why the City would consider the demolition of this dwelling; all of its solid waste materials to be thrown into the landfill, new scarce materials used for replacement. With all of today's environmental pressures, the decision to demolish a perfectly sound residence does not make sense. The natural, good, and correct decision would be to duplex the residence. Figure 2. The dwelling at 5 South Drive can be duplexed. The 5 South Drive property meets existing bylaws for such a purpose. Population density will increase to two families with reasonable expectation for control of parking, garbage, traffic and noise. Page 33 of 276 r 0 Figure 3. A three storey duplexed building. due Figure 3 gives us a warning of what is to be placed at 5 South Drive. The building looms over adjacent houses, encroaching on the space and privacy of both residents. Conclusion. The City of Kitchener can increase the population density of neighbourhoods in a reasonable manner without applying variances to good known existing bylaws. Duplexing 5 South Drive is the natural and reasonable way of increasing the population density without creating an unwarranted and unnecessary assault on the senses and livelihoods of the South Drive residents. Page 34 of 276 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-325 SUBJECT: Minor Variance Application A 2022-070 — Rosenberg Way and Amand Drive RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-070 for lands located at Rosenberg Way and Amand Drive, described as Parts 1, 2, 3, 4, 5, and 6 on Reference Plan 58R-21442, requesting relief from Section 40.2.6 of Zoning By-law 85-1, to permit a maximum building height of 12 metres instead of the maximum permitted 10.5 metres to provide design flexibility for architectural features and increased roofline and parapet detailing for multiple dwellings proposed to be constructed on the lands, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application requesting relief from Section 40.2.6 of Zoning By-law 85-1 to permit a maximum building height of 12 metres rather than the maximum permitted height of 10.5 metres to allow for increased design flexibility for architectural features and increased roofline and parapet detailing for multiple dwellings proposed to be constructed on the subject lands. • The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject lands are located south of Bleams Road, at the intersection of Rosenberg Way and Amand Drive. The lands are intended for development of low rise residential uses. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 35 of 276 Location Map of Subject Lands Public Notice Sign Posted The subject lands are identified as `Neighbourhood Area' on Map 22a — Community Structure Plan and is designated `Low Density Residential Two' on Map 22e — Land Use Plan in the Rosenberg Secondary Plan in the City's 1994 Official Plan. The property is zoned `Residential Six Zone (R-6), 597R and 748R' in Zoning By-law 85-1 and the lands have not been zoned as part of new Zoning By-law 2019-051. The purpose of the application is to permit a 12 metre maximum building height rather than the maximum permitted 10.5 metres to provide design flexibility for future multiple dwellings. The applicant intends to develop the subject lands with low rise multiple dwellings. The requested variance is to provide additional design flexibility for architectural features and increased roofline and parapet detailing Staff were unable to access the exact location of the site to conduct a site visit due to ongoing site rehabilitation and utilities work; the applicant has provided the above image of the public notice sign installed on site. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject lands are identified as `Neighbourhood Area' on Map 22a — Community Structure Plan and designated `Low Density Residential Two' on Map 22e — Land Use Plan for lands located in a Secondary Plan in the City's 1994 Official Plan. This land use designation permits a number of low density housing types including single detached, duplex, semi-detached, townhouse, and low-rise multiple dwellings, and is intended to encourage a diverse range of compact, low rise dwelling types Page 36 of 276 to facilitate a walkable and transit -friendly community. Rosenberg Secondary Plan policy 13.10.2.2(2.3) specifies that a variety of built form typologies is required to establish a sense of place and neighbourhood character, as well as frame community gateways through attractive and defining built form at major intersections. This section also speaks to the importance of architectural innovation and quality urban design for buildings at priority lot locations, e.g., gateways, along major roads, corner sites, etc.. Section 13.10.2.2(2.4) further maintains the need for variation in architectural features, style, colour, materials, and typologies in relation to the overall streetscape to enhance community character and a sense of place. Staff are of the opinion that permitting a maximum building height increase of 1.5 metres will facilitate the development of a range of residential uses and typologies and enhance the overall streetscape and neighbourhood character of the surrounding context. The requested variance will maintain the intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum permitted building height of 10.5 metres is to ensure that the dwellings are not overly dominant to the surrounding streetscape and surrounding dwellings, and to provide an adequate level of privacy to adjacent dwellings. The maximum permitted building height in new Zoning By-law 2019-051 is 11 metres. The Rosenberg Community area is designated for significant and diverse residential, commercial, and recreational uses; anticipated future development adjacent to the subject lands would likely be of similar architectural significance and further encourage a variety of housing types and forms. Staff also note that no other buildings exist in the area yet; as such, an adequate level of privacy would be maintained. Staff are of the opinion that the requested variance meets the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the effects of the requested variance are minor as a 1.5 metre increase to the maximum building height over the blocks will not be discernable and will not significantly impact future developments by dominating the streetscape of the overall neighbourhood or by impeding on the privacy of future neighbouring properties. As such, no unacceptably adverse impacts on adjacent lands are anticipated as a result of the height increase. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is appropriate for the use and development of the lands as it will not significantly impact future developments or the surrounding neighbourhood and will facilitate the development of an attractive and defining streetscape through diverse housing forms and characteristics. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: No heritage concerns Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Page 37 of 276 Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 ATTACHMENTS: Attachment 1: Deposited Reference Plan Attachment 2: Proposed Zoning Plan Attachment 3: Example Precedent Images Page 38 of 276 ATTACHMENTS: Lk LiA aR .ax,�d � .vmausaae i i ii i i 4 i l i i'_ ,I t Mill 11 5V Deposited Reference Plan ��ii�lil�lslal91;14�;f i L_ LIQ.! Imo. .:b. Page 39 of 276 }} CA . 4 Q� 4 4,111 q '.119QquF ..3 is e -02 ;to !am an 421 ass !am in -V -So# ll�1 � An Ell W AU Ell Ell Alt J AIS jai, glE gaE gal EE �a gal 6E tai gao 44 1 '3J 3j 3j 3d 3j 3j Re �_6 X11 ME �Iw 3r Jr° 12E 19S i,aD a Pau as 4 a' E ��a h 5% inn 0 i ImC 0In w � �k N I c 4 3 'C; -C IL -C -k -C re� F b i frf F�� 1 ..• .• i MP 3 f, r k Proposed Zoning Page 40 of 276 d •WW AA vir 14 OL Example Precedent Images Page 41 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 42 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 43 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: A 2022-070 — Rosenberg Way & Amand Drive Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA(a-) Kitchener. ca Dear Sarah Goldrup, Re: Minor Variance Application A 2022-070 Rosenberg Way & Amand Drive, City of Kitchener Trevor Witt/Paul Britton via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor variance application. Recommendation GRCA has no objection to the above -noted minor variance application. Documents Reviewed by Staff GRCA staff have reviewed the following documents submitted with this application, received on June 23, 2022 from the City of Kitchener: • Cover Letter (MHBC Planning, May 5 2022) • Application for Minor Variance (City of Kitchener, no date) • Site Plan (MHBC Planning, March 3 2022) • Plan of Survey (MTE Ontario Land Surveyors Ltd., June 7 2022) • Stamm Investments Limited LPAT Decision (2/14/2020) Approving Stamm Applications (with Attachments) (MHBC Planning, 2020) o Attachment 1: Draft Plan of Subdivision (MHBC Planning, December 11 2019) o Attachment 2: Conditions of Approval (January 14, 2020) o Attachment 3: Proposed Zoning By-law (City of Kitchener, October 2 2018) Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 44 of 276 GRCA Comments GRCA has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of Waterloo and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains provincially significant Strasburg 1 Wetland Complex and the associated regulated allowance. A copy of our resource mapping is attached. The status of this wetland was updated from non -provincially significant to provincially significant in 2022. Please note that our mapping has not yet been updated to include the 120 metre regulated allowance to the provincially significant wetland. Due to the presence of the wetland, a portion of the subject property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject property will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. We understand the purpose of this application is to allow a maximum building height of 12 metres whereas 10.5 metres is required. Based on our review of the circulated documents, this application pertains to an area located outside of the wetland and associated allowance outside of GRCA's regulation limit. GRCA has no objection to this minor variance application and a permit is not required from our office. Consistent with GRCA's 2022 approved fee schedule, this application is considered a `minor' minor variance and the applicant will be invoiced in the amount of $290 for the GRCA's review of this application. Should you have any questions, please contact me at iconroy(a�grandriver.ca or 519- 621-2763 ext. 2230. Sincerely, '�� &I'a — Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Enclosed: GRCA Resource Map Copy: Trevor Witt — Owner (via email) Paul Britton, MHBC Planning —Agent (via email) Page 45 of 276 +�+ C'4 () Z _ m llJ L yam -+Q � C) >. < ami U (7 CJ �' O . 5 12 - � � 0 p Y U U ocl� �yY 0 -aE vm1 C p .>_o (7 cu a 0 �° ¢ (7 ami m F y a' a - v o A o cu 0 i N o y m m O �� m o Q Q O Q ° o c o ��Qm �> r �3 (6 C� N N J J Q E d O o o o r> o �LN� v e 5�`. 0 - tA O (7 C� ° X o C? o n w - - C N ¢ o ( m 0 m (7 Qin Q in .� .� .� .� ¢ g Y ` - o = A O 06 m m m -° o w w w w �, Q ° A -_ 1 w (n (n m m Non o FEE _ N F K q w 12 m LL E If Aa'0^vo o ° i) z u (r O � O O N LL] n Q LO Awl y.. sxl ui + r ON- cl ro 7 �.1 v Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-350 SUBJECT: Minor Variance Application A2022-072 — 177 Eden Oak Trail RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-072 for 177 Eden Oak Trail requesting relief from Section 5.22 (k) of Zoning By-law 85-1, to permit an Additional Dwelling Unit (ADU) (Detached) to be located in a side yard abutting a street, generally in accordance with the site plan prepared by Tri -City Drafting and Design Services, dated June 8, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-072 for 177 Eden Oak Trail requesting relief from Section 4.12.3 (k) of Zoning By-law 2019-051, to permit an Additional Dwelling Unit (ADU) (Detached) to be located in an exterior side yard, generally in accordance with the site plan prepared by Tri -City Drafting and Design Services, dated June 8, 2022, BE APPROVED, subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application requesting relief from Section 5.22 (k) of Zoning By-law 85-1 and Section 4.12.3 (k) of Zoning By-law 2019-051 to permit an ADU to be located in a side yard abutting a street. • The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. • There are no financial implications. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 47 of 276 BACKGROUND: The subject property is located at 177 Eden Oak Trail at the southeast corner of Eden Oak Trail and Grand Flats Trail in the Grand River South Neighbourhood, comprised of low-rise residential uses. Subject Property IE The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 of the City's Official Plan. The property is zoned `Residential Six Zone (R-6), Special Use Provision 597R' in Zoning By-law 85-1 and ` Low Rise Residential Five Zone (RES -5) with site-specific provision (228) in Zoning By- law 2019-051, which is currently under appeal. The purpose of the application is to permit an ADU (Detached) to be located in a side yard abutting a street (85-1) and exterior side yard (2019-051) whereas one is not allowed to be located in a side yard abutting a street or exterior side yard. The proposal to construct an ADU (Detached) will be reviewed as part of a future Site Plan Application. The applicant has already made application and received approval for a curb cut to permit a driveway for the ADU to be constructed off of Grand Flats Trail in the location shown on the site plan below. Page 48 of 276 �I�.PAfIPO5E0,5f IE PIAX rwTe --rt�N'71CN TAXFN FWGA�Ogx DF WATFRIp]p6AVPPIHG SffiYICE SITIE INFORMAT10N al 11913.7e fe (17T.80 02. PROPOSEOSE VARY DWELLING COVERAGE: 0.3. TOTAL PROPOSFEl CCVERAGE: AMC IP(56,50 RY9 2519.76 (13335.11') BA. TOTAL SITE AREA: 772A." T {lvm m'1 05. PROPOSED COVERAGE 32.62% OB. PROPERTYZONING R8 REPORT: Planning Comments: WNHIRr I rNEhFVG APPPWxEt},HAKl pG 1YRER 4 f IXTP iHEV%RMP HOF TO"A65 FxSICppF PROPEarc4xffl a5-IY IL?2�5rn7 '�'I I m 4, PueEAry eW PROPOSED PRQYi CUM DRIVEWAY Ivnc TA y.- � DRIVEWAY uu:wn xsrA�EO Ar '` 0PCJ R2PFPl WLK #FDNB AHb S�ENHx I d' N. I. ,y-a•,'�, xMia—TRAiP1E m- 41 Isnrvc 14m wx9 PROPOSED ONE 1P ormmRa _ FEM�L66ERElgVE6 § STOREY II u 4 DWELLING UNIT PROPOCE6COI�PE q vL� flA9lRnarx /f EXISTING TWO,' r y L urH:oEagTe� STOREY 41 i I u ro n��wlu DWELLING UNIT Y LFNT ,=rnui vTR � I r-rnE�ey 1, ENL9TNGTR(FAOGNT[N TO -Oa4' iu..,, I 1--I. exnPirn xcTE sT s�rixc � - I I / I � 1RE89 TO Bf RH11GVE6 TRI -CITY J EXISTINGI I x ;mm�nu>•Icr CHRIS KAHLER \ •`- 9xc sTlxc e- uxe PROPOSED SECONDARY DWELLING UNIT EDEN OAK TRAIL TM SITE PLAN H RLOGATiCN NAFRCN - lNRLv wWECrlp. EXIST NG PROJECT PRo"IM LIV ROUNDABOUT __5} SP1.0 In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low Rise Residential designation is to preserve the scale, use, and intensity of existing development in a stable family-oriented area, while allowing for a limited range of low rise residential uses. Official Plan policy 4.C.1.24. further maintains that the City will permit the addition of an additional dwelling unit (detached) where appropriate to provide alternate housing options to Kitchener homeowners and residents. The requested variance to facilitate the development of an ADU (Detached) on the subject property will maintain the intent of the Official Plan. General Intent of the Zoning By-law The intent of Regulations 5.22 (k) and 4.12.3 k) is to ensure an ADU is not highly visible from the street and to ensure an ADU is subordinate to the principal dwelling by being located in the rear yard. Corner lot properties in many instances have little to no back yard and often use the side yard abutting a street as the rear yard amenity space. As such, staff opines that the intent of this regulation is not to prohibit corner properties from having an ADU but rather to deal with them on a site by site basis. In this situation, the subject property has a large side yard abutting a street that could support an ADU in staff's opinion while maintaining more than adequate separation from neighbouring properties. To address the fact the ADU will be visible, the owner has agreed to provide a brick fagade consistent with the principal dwelling. This will be secured through the review and approval of the site plan application. Staff are of the opinion that the requested variance is appropriate under this circumstance and that the general intent is being maintained. Page 49 of 276 5 Eh PLkM wqn D"FAF " MFwM0. onenrlma Wf PBIE 9M{rLAJPv it � 4N")rAW 4'El'.CNrEC'Tie syDu Mtsrlst- "re I �..' . GWALAMG AllILLC 1fA15Yr Oe,1AW - „.,. j �L74rI'F. YM H 'Fir rA*I T vJ�7�rILR.. . f, 11. T. a &-10 mu IA{CEA TO --446 FCA TIMI -CITY iL��Ft b rCH t5ITAHLER PROPOSED SECONDARY DWELLING UNIT ..rsncw r v� COVER PAGE wee .. .c.• ... rrc r� W.w ac- ,-a R,w ,arTMs wxc r rrsw... cc w*Tss* o w. er Is the Effect of the Variance(s) Minor? Staff are of the opinion that the effects of the requested variance are minor as the approval will not have a significant impact on the adjacent properties or neighbourhood. Is the Variance Desirable For The Aaaroariate Develoament or Use of the Land. Buildina and/or Structure? The requested variance is appropriate for the development and use of the land and building as the proposed ADU is compatible and consistent with the low rise residential neighbourhood and provides an appropriate form of gentle intensification. The size of the subject corner lot resulting in having a large side yard abutting the street, makes this a suitable property for an ADU. As such, the requested variance is considered desirable in order to facilitate the development of an ADU. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: There are no heritage concerns. Page 50 of 276 Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the ADU is obtained prior to construction. Please contact the Building Division at building(ukitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. GRCA comments: No comments. Region of Waterloo comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 51 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 52 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 53 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 54 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 55 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name 1 I w Address Signature ��vPes-I�j C>��el Page 56 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name Address Signature Page 57 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name et 1) J( Address Page 58 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name ©Wnrzs Page 59 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name —FLr04-N A' Page 60 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name �< Address Signature T�. Page 61 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name Signature Page 62 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-329 SUBJECT: Minor Variance Application A 2022-073 — 10 Langton Drive RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-073 for 10 Langton Drive requesting relief from Section 5.6A.4 (d) of Zoning By-law 85-1, to permit a proposed attached covered rear deck to have a rear yard setback of 3.8 metres instead of the minimum required 7.5 metres generally in accordance with drawings prepared by AFJ Building Design, Drafting, & 31) Renderings, dated May 30, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-073 for 10 Langton Drive requesting relief from Section 4.14.4 (d) of Zoning By-law 2019-051, to permit the proposed attached covered rear deck to have a rear yard setback of 3.8 metres instead of the minimum required 4 metres for covered, unenclosed decks attached to the principal dwelling, generally in accordance with drawings prepared by AFJ Building Design, Drafting, & 3D Renderings, dated May 30, 2022, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review and provide a recommendation with respect to a minor variance application requesting relief from Section 5.6A.4 (d) of Zoning By-law 85-1, to permit a proposed rear attached covered deck to have a rear yard setback of 3.8 metres instead of the minimum required 7.5 metres, and from Section 4.14.4 (d) of Zoning By-law 2019-051, to permit a rear yard setback of 3.8 metres instead of the minimum required 4 metres. • The key finding of this report is that the requested minor variances meet the 4 tests of the Planning Act. • There are no financial implications. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 63 of 276 BACKGROUND: The subject property is located on the westerly side of Langton Drive, between Jacob Gingrich Drive and Joseph Schoerg Crescent. The subject property is located within the Pioneer Tower West neighbourhood, which consists of predominantly low rise residential uses. Photo of Subject Property Location of Requested Variances Page 64 of 276 Location of Proposed Attached Covered Deck The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Three Zone (R-3), 244R, 263R, 236U' in Zoning By-law 85-1 and `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is that the applicant is requesting relief from Section 5.6A.4(d) of Zoning By-law 85-1, to permit a proposed attached covered rear deck to have a rear yard setback of 3.8 metres instead of the minimum required 7.5 metres, and from Section 4.14.4(d) of Zoning By- law 2019-051, to permit a rear yard setback of 3.8 metres instead of the minimum required 4 metres. The applicant intends to build a covered, attached rear deck with a swim spa installed at grade. The height of the deck is proposed to be exactly 0.6 metres from the foundation to finished grade in accordance with zoning regulations regarding deck height. The proposed deck is to be structurally connected to the exterior of the principal dwelling via posts installed in the foundation wall. Planning Staff conducted a site visit on June 27th, 2022. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types Page 65 of 276 while maintaining the low density character of the neighbourhood. Official Plan policy 4.C.1.8 details criteria that should be considered where a minor variance is requested. Subsections `c' and `d' specify that: modifications to existing structures are compatible in scale, massing, design, and character to adjacent properties and the streetscape; that modifications are sensitive to the exterior areas of adjacent properties; and that appropriate buffering or screening is provided to mitigate any adverse impacts, particularly with respect to privacy. The proposed covered deck is a natural extension of a single detached dwelling, subject to meeting zoning requirements. Planning staff are of the opinion that with the approval of the minor variances to recognize the setback from the rear lot line, the intent of the Official Plan will be maintained. Staff are also of the opinion that the siting of the deck is compatible in scale and massing to the rear abutting property (904 Joseph Schoerg Place) as there are no dwelling structures directly abutting the rear lot line. The minor variance will meet the intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metre rear yard setback requirement in Zoning By-law 85-1 and the 4 metre rear yard setback requirement in Zoning By-law 2019-051 regarding rear decks, is to maintain both an adequate level of privacy and separation between abutting properties, and an adequately sized outdoor amenity space. Staff note that there are no dwelling structures from adjacent properties directly abutting the rear lot line of the subject property, and that a deficiency of 3.7 metres (By-law 85-1), or of 0.2 metres (By-law 2019-051) will not be discernible to the public or adjacent properties. The proposed privacy screens lining the sundeck will also ensure privacy between adjacent properties. Permitting the requested variances will facilitate the construction of a rear deck and swim spa, which will continue to provide an adequate level of outdoor amenity space. Staff are of the opinion that the requested variances will not infringe on the privacy of and maintain an adequate level of separation to the surrounding properties, therefore meeting the intent of the Zoning By-laws. Are the Effects of the Variances Minor? Staff are of the opinion that the effects of the requested variances are minor as the approval of a 3.8 metre rear yard setback, instead of a 4 metre required setback, will not be discernable to the public or by adjacent properties. Staff also note that when Zoning By-law 2019-051 is completely phased in, the requested variance will become even more minor in nature, reducing the deficiency from 3.7 metres in Zoning By-law 85-1 to 0.2 metres in Zoning By-law 2019-051. The location, massing, and design, and screening of the proposed rear deck will not have an impact on the adjacent properties or neighbourhood. Is/Are the Variances Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances are desirable for the appropriate development and use of the land and building as the proposed extended amenity area is compatible with the form and scale of the surrounding properties. The rear setback deficiency is not discernable from the public realm and will not infringe on the privacy of properties abutting the rear lot line of the subject property. As such, the requested variances are considered desirable in order to facilitate the construction of a rear attached deck and swim spa. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the rear yard covered deck is obtained prior to construction. Please contact the Building Division at building(o)-kitchener.ca with any questions. Page 66 of 276 Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 ATTACHMENTS: Attachment 1: Survey of Subject Property Attachment 2: Proposed Canopy and Deck Plan Page 67 of 276 ATTACHMENTS: r- Kid- �� �'} P m r y .d A W ' Ye • i# p �acn *Mt -OW AlO r'�yyry�� -�, kw �saM r 3AWO �1MOW ur. rtir r vwir � �r<s +vr.vr^ �zesex i�r j4 � . rdt rt ;ii► r .4 �,p: pL! w . f► "I Survey of Subject Property Page 68 of 276 k r. � 3 -• y�y V R� Page 68 of 276 11 .91 nmj PRIVATE RESIDEACE 10 LANGTON DRIVE COVERED CANOPY A2.2 GROUND FL0O R PL AN Proposed Canopy and Deck Plan Page 69 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 70 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 71 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 72 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 73 of 276 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-324 SUBJECT: Minor Variance Application A 2022-074 - 240 Chapel Street Owner: Michael Addai- Dwomoh Applicant: Saba Al Mathno RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-074 for 240 Chapel Street, requesting relief from Section 5.22 i) i) of Zoning By-law 85-1, to permit the principal dwelling to have a right side yard setback of 0.42 metres instead of the minimum required 1.2 metres to facilitate the construction and development of an Additional Dwelling Unit (ADU) (Detached), generally in accordance with drawings prepared by QBS Architects, dated May 12, 2022 (attached to Report DSD -2022-324), in accordance with the Site Plan Application SP22/100/C/TZ, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is this report is to review a minor variance application to facilitate the development an Additional Dwelling Unit (ADU) (Detached) on the subject property. • The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of the Record and signage placed on the property. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 74 of 276 Location Map of 240 Chapel Street (subject property). BACKGROUND: The subject property is located on the north side of Chapel Street, close to the intersection of Chapel Street and Melrose Avenue, and Chapel Street and Dumfries Avenue. The subject property contains a two-storey building proposed to be a duplex dwelling under Zoning By-law 85-1. A building permit was issued in June of 2002 for interior alterations to covert the triplex dwelling to a duplex dwelling. The property also contains an attached garage, and deck area in the rear yard. The area is predominantly a low-rise low-density residential neighbourhood. The subject property is designated `Low Rise Conservation A' on Map 20 — Central Frederick Neighbourhood Secondary Plan in the City's 1994 Official Plan. The property is zoned `Residential Five Zone (R-5)' with Special Use Provision 129U in Zoning By- law 85-1. The purpose of the subject minor variance application is to facilitate the development and construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard. Specifically, the variance is as follows: - Permit a reduced side yard setback of 0.42 metres for the principal dwelling instead of the minimum required 1.2 metres. Planning staff note that the development of the ADU requires site plan approval and that a site plan application has already been submitted and is currently under review. Through the review and approval of the site plan application, Planning staff will ensure that the proposed ADU and the subject property as a whole will meet zoning requirements and that the proposal is accurately reflected on the approved site plan. Planning staff conducted a site inspection on June 24, 2022. Page 75 of 276 yy,lyIMS;k"i W -4—k, I - I 14, 1 J. '47 fit rd 4s, IV I'M IL 11, am -EEK ML 7701 L� { F. M or., r— = ••• 1 tlli I" z I• ��_ it .. � a11..9 HIM I l L WT/ SmL rom C@S uS 1 I I � se yS- =rlt I I I I � _L__j LL rum rm � F l i:'.• 'I IIJi E:V Slgl^u - .5l!SI41 '3 ra po, rv� I it I 4p i>• �' w ' LO, 'h1 01 ^! - Site Plan showing existing principal building and attached garage, along with the proposed ADU. Page 78 of 276 1111Stlii p I IIAlu c NET sJla l..iii I 1 I I � se yS- =rlt I I I I � _L__j LL rum rm � F l i:'.• 'I IIJi E:V Slgl^u - .5l!SI41 '3 ra po, rv� I it I 4p i>• �' w ' LO, 'h1 01 ^! - Site Plan showing existing principal building and attached garage, along with the proposed ADU. Page 78 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The City's Official Plan supports the development of additional dwelling unit(s), attached and detached, on residential lots, where desirable and appropriate unless otherwise limited by the policies of this Plan, and in accordance with the City's Zoning By-law, in order to provide other housing options to Kitchener homeowners and residents. The City also encourages residential intensification and/or redevelopment, including adaptive re -use and infill opportunities, including additional dwelling units, attached and detached, in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs by minimizing land consumption and making better use of existing community infrastructure. The proposed ADU will not change the existing massing, height, or other design characteristics of the property, because it will be established within the rear yard. Therefore, it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback, for the principal dwelling, is to ensure an appropriate access to the rear yard, particularly to the ADU and to provide adequate space for the owner to maintain their property and dwelling. The rear yard is accessible from the other side yard. This side yard is 1.3 metres in width and is proposed to provide the required 1.1 -metre -wide unobstructed walkway to the ADU. This entrance is wide enough to permit the movement of both people and the maintenance equipment such as wheelbarrows or lawn mowers. It should be noted that the principal building and existing side yard setback has existed since the building was constructed in approximately 1957. Is/Are the Effects of the Variance(s) Minor? The requested variance can be considered minor since it is not anticipated to cause any unacceptably adverse impacts on adjacent properties. The deficient side yard of the principal dwelling is an existing condition. The variance will allow for the creation of an ADU in the rear yard that is compatible with the existing residential use of the property and will not negatively impact neighbouring lots. Appropriate rear yard access continues to be accommodated on the other side of the principal dwelling and the separation between the adjacent dwellings remains sufficient. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable for the appropriate development and use of the land as it will recognize the location of the principal dwelling on the lot and facilitate the development of an ADU in the rear side yard. It is desirable as it will the permit a gentle form of residential intensification on the subject property. Environmental Planning Comments: The ADU location may need to be adjusted to retain the tree. The location of the ADU will be reviewed through Site Plan Application SP22/100/C/TZ. Heritage Planning Comments: There are no heritage planning concerns associated with the application. Page 79 of 276 Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the ADU is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 ATTACHMENTS: Attachment A — Plans included with Application Form Page 80 of 276 -L SURVEY PART OF LOT 10 01 �'RT OF LLT 'r G1STEREO PLAN NO. 768 '.�ClTY OF KITCHENER SCALE 10<14 a 20 FEE ME TZ a 'LORENTZ• LTD. r9a�5 60.00 Mm1L4I 46" E p• } � 4 Y j i�l r �� 1� I Sit IL, p- a fo `It � e = t L 0 T w �' i, 40 1 i • qt F a Y1 w L6y d.rT i d LQ 6f.6Y1 I0a0M w w I 4 fi ! BTSOR �11Lt a$7,809a µ w p;L V f + Y S' IQ r H I••R G N �• R w • — 3 fNE�t.I #0.00 f1MST aP. 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Page 8 nftrf-1 � LLI / @ |\ age 89 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 90 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 91 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 92 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 93 of 276 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 12, 2022 REPORT NO.: DSD -2022-362 SUBJECT: Minor Variance Application A2022-075 - 50 Otterbein Road Owner: Hallman Construction Limited c/o Paul Grespan Agent: Al Allendorf RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-075 for 50 Otterbein Road requesting relief from Section 42.2 of Zoning By-law 85-1, to permit a multiple dwelling to have a Floor Space Ratio (FSR) of 2.45 instead of the maximum permitted maximum 2.0, in accordance with Site Plan Application SP22/064/0/LT, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-075 for 50 Otterbein Road requesting relief from Section 7.3, Table 7-6, of Zoning By-law 2019-051, to permit a multiple dwelling to have a Floor Space Ratio (FSR) of 2.45 instead of the permitted maximum 2.0, in accordance with Site Plan Application SP22/064/0/LT, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. BACKGROUND: The subject property is located at the intersection of Otterbein Road and Lackner Boulevard in the Grand River North area. The property is currently vacant, in anticipation of a new multiple dwelling to be constructed. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 94 of 276 The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Medium Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. GOM3 COMA OnPoint Image of Property The property is zoned `Residential Eight Zone (R-8)' in Zoning By-law 85-1 and "Low Rise Residential Six Zone (RES -6)" and `Natural Heritage Conservation Zone (NHC-1)' in Zoning By-law 2019-051, which is currently under appeal. The minor variance application has been submitted as the result of the zoning review of the proposed development, where it was identified that a section of the below grade parking structure is exposed above -grade based on the City's definition of grade. This requires the entire area of the parking garage to be added to the total area of the building. The addition of the total floor area of the parking garage resulted in the increase to the FSR of 2.45 rather than the maximum permitted 2.0. Page 95 of 276 Site Plan — 8 -storey 194 -unit Multiple Dwelling Area Where Garage is Exposed Above Grade Appearance of "Above -grade" Portion of Garage REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: Page 96 of 276 General Intent of the Official Plan The subject property is designated as Medium Rise Residential in the Official Plan, and the proposed development of an 8 -storey 194 unit multiple dwelling is supported by this designation. Policy 15.D.3.19 states: "No building will exceed 8 storeys or 25 metres in height, whichever is the lesser, at the highest grade elevation. Relief from the building height may be considered for properties with unusual grade conditions and for buildings and/or structures with increased floor to ceiling heights and architectural features provided the increased building height is compatible with the built form and physical character of the neighbourhood." As the increase in FSR is not due to an increase in massing and building height, the intent of the Official Plan will be maintained. General Intent of the Zoning By-law The subject property is zoned `R-8' in Zoning By-law 85-1 and `RES -6' in Zoning By-law 2019-051. Both of these zones permit a maximum FSR of 2.0 and a maximum building height of 24 metres in 85-1 and 25 metres in 2019-051.The proposed development will exceed the allowable FSR, however, the increase to the FSR does not add to the overall massing of the building. The building will meet the maximum building height in both by-laws. Is the Effects of the Variance Minor? Due to the grading of the property and the abutting community trail, the rear fagade of the underground parking garage is exposed, and therefore the entire area of the parking garage must be included in the FSR calculation. The addition of the parking garage floor area pushed the overall FSR to 2.45, rather than the maximum of 2.0. Staff consider the requested variance to be minor as the increase in FSR is not adding to the overall building massing, but rather is a result of grading. The FSR overage will not be visually apparent with the development of the multiple dwelling. The location of the exposed parking garage is not visible from the public realm and can therefore be considered minor. Is the Variance Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? Staff consider the requested variance both desirable and appropriate for the development of the 194 - unit multiple dwelling as in all other aspects the development complies with the zoning regulations and official plan policies. The minimal increase in FSR will not be visually apparent, and the supply of additional dwelling units is very much needed. The location of the development and area of exposed parking structure will not have any impact on abutting properties or the public realm. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: No comments. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Page 97 of 276 Transportation Planning Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and Zoning By-law 2019-051 Page 98 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 99 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 100 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 29, 2022 REPORT NO.: DSD -2022-335 SUBJECT: Minor Variance Application A 2022-076 95 Patricia Avenue Owner: FLH CORP Applicant: Jason Price RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-076 for 95 Patricia Avenue requesting relief from Section 6.1.1.1b) i) of Zoning By-law 85-1, to permit the required parking spaces for a duplex dwelling to be setback 2.8 metres from the street line instead of the minimum required setback of 6.0 metres, and relief from Section 6.1.1.1b) ii) e) of Zoning By-law 85-1 to permit a driveway width of 6.5 metres instead of the maximum permitted driveway width of 6.09 metres (maximum 50% of the total lot width) , BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-076 for 95 Patricia Avenue requesting relief from Section 5.3.3a) i) of Zoning By-law 2019-051, to permit the required parking spaces for a duplex dwelling to be setback 2.8 metres from the street line rather than the required setback of 6.0 metres, and relief from Section 5.4,Table 5-3 of Zoning By- law 2019-051 to permit a driveway width of 6.5 metres instead of the maximum permitted driveway width of 4.8 metres (40% of the total lot width), BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: The purpose of this report is to provide recommendations for the approval of Minor Variance Application A2022-076. There are no financial implications. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 101 of 276 • This report supports the delivery of core services. BACKGROUND: The subject property is a corner lot located at the intersection of Highland Road West and Patricia Ave. The subject property is identified as `Neighbourhood Node' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1 and is proposed to be zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is to create a second parking space for a duplex on the subject property. Currently there is one legal non -complying parking space located in a carport on the subject property. This parking space is located 2.9 metres from the exterior side lot line. The applicant would like to create a second parking space adjacent to the carport. This parking space would also be located 2.9 metres from the exterior side lot line. In order to accommodate the second parking space minor variances are required to permit the parking space within 6 metres of the street line and to permit a wider driveway to accommodate the side by side parking arrangement. The applicant is intending on maintaining the existing curb cut so as not to impact the existing mature street tree. City Planning staff conducted a site visit on June 30th, 2022. 17 177 7 R-6 21WJ RES- 11, 25j max, RES -4 RES -5 13317 R-6 1R ,45R 9L 77 fi 7s Ambah :, Figure 1: Location Map: 95 Patricia Avenue Page 102 of 276 - �;" � to°ro°ao•�'+Nm, " r6o °o•ge'e i'HC I; n d i4ac°<eI °r rn rrr 59 �� pR M rc IC I,Ea«� ~ xi - k ' m ®s ❑ Tv Tex fn ' ry �• I �n cn 9 n c =2 '9 _ c {METRE LLOTHES F v mma 5c (lip ' _ - T — -X It Z`rn Rg z LOT 4631 ti<[I� - Pn v G i§gi9Bve ..� fo F "" a p l d*1 O x N 52 pa 50 E 4 1vLf 79 T IrEns .[7 1 �" x� l 14.W• Ix ML599 °a celTI � I+I 39 B9 ISA O<•I r s O Y n8n y --IxG ccCiN4T10+ r 1 C FI )i. w a F IMN° el •n Z v@i=s 5c q;m =o e11°C1°TE' 160 ;a T .a. _s�C m_ INST .a w...... Figure 4: Survey with yellow line to indicate driveway location Figure 5: Applicant sketch to propose driveway dimensions Page 104 of 276 `�/ 1lYJCfij� �-3r I dfLL Y r( Jc I I Figure 5: Applicant sketch to propose driveway dimensions Page 104 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' in the City's Official Plan. The intent of this land use designation is to permit a variety of low-density residential uses. Official Plan Policy 4.C.1.8 specifies criteria that should be considered where a minor variance is requested. Subsection `e' is of relevance to the requested variance and specifies that the variance should be reviewed to ensure that "the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site." The proposed new parking space will function similar to the existing parking space and allow for the duplex use of the existing building on the subject property. The increase in driveway width along this frontage of the property is appropriate and as the street tree will remain and not be impacted, the streetscape will not be negatively impacted. As the proposed variances will not create unacceptable adverse impacts for adjacent properties, the proposed variances will meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the zoning regulation requiring a 6 -metre setback to a parking space is to ensure a vehicle can be safely parked on the driveway without affecting the City right-of-way and surrounding properties. One (1) parking space currently exists in the driveway, under the carport, without any issues. Staff are of the opinion that the requested variance to allow the second parking, adjacent to the carport, to be setback 2.8 metres instead of the minimum required 6 metres meets the general intent of the Zoning By-laws. The intent of the zoning regulation requiring maximum driveway widths to be 50% and 40% of the lot is to maintain neighbourhood aesthetics and maintain property softscapes. The subject property is a `corner lot' with an existing singular driveway on the exterior side yard having a lot length of 38.5 metres. Staff are of the opinion that the requested variance to allow a driveway width of 6.5 metres instead of the maximum permitted 6 metres in Zoning By-law 85-1 and 4.8 metres in Zoning By-law 2019-051 meets the general intent of the Zoning By-laws. Is/Are the Effects of the Variance(s) Minor? The requested variances are considered minor as the required off-street parking spaces can be accommodated within the existing driveway, under the carport, and in the extension of the driveway adjacent to the carport, in a safe manner, without impacting the streetscape Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the proposed variances are desirable and appropriate in that they will facilitate the widening of the driveway, in its current location, to accommodate two (2) unobstructed parking spaces, side by side, and recognize/legalize the parking arrangement for the duplex on the subject property. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: No concerns. Page 105 of 276 Building Division Comments: The Building Division has no objections to the proposed variance Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 and 2019-051 Page 106 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 107 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 108 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 109 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 110 of 276 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 19, 2022 REPORT NO.: DSD -2022-344 SUBJECT: Minor Variance Application A2022-077 - 211 Pioneer Tower Road RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2022-077 requesting permission under section 45(2)(a)(i) of the Planning Act to permit the enlargement or extension of a legal non -conforming use to facilitate the construction of a one -storey storage shed, having a building floor area of 100 square metres, for the storage of landscape maintenance equipment (tractors and attachments) in conjunction with the Pioneer Sportsmen Club use, in the location as shown on the Key Plan and Part Site Plan, prepared by John MacDonald Architect, dated May 31, 2022, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to make recommendations with respect to the requested application for permission for 211 Pioneer Tower Road. • Staff recommend that the application be approved. • This report supports the delivery of core services. BACKGROUND: The subject property is located north of the Grand River and south of Pioneer Tower Road. The subject lot contains an abundance of green spaces that provides outdoor recreational uses such as archery, camping, and firearms for the existing business. The proposed extension of the one -storey shed is located south of the 115 acre property adjacent to an existing building and shipping container. The applicant intends to use the shed to store landscape maintenance equipment for the existing Pioneer Sportsmen Club. The subject property is identified as `Green Areas' on Map 2 — Urban Structure and is designated `Natural Heritage Conservation' on Map 3 — Land Use in the City's 2014 Official Plan. The property is split zoned `Natural Heritage Conservation Zone (NHC-1)' with site-specific provision (114)' and `Open Space: Greenways Zone' (OSR-2)' with site-specific provision (114) in Zoning By- law 2019-051. The proposed storage shed is proposed to be located within the portion of the site *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 111 of 276 that is zoned `NHC-1(114)'. The applicant is seeking permission under s 45(2)(a)(i) of the Planning Act to permit the construction of the shed to assist the business in maintaining the landscaping of the subject property. The applicant will submit the necessary site plan application pending approval of the minor variance. City Planning staff conducted a site visit on June 30, 2022. FIGURE 1: Site location of subject property Green indicates proposed location A e FIGURE 2: Proposed One Storey Shed Page 112 of 276 FIGURE 3: Front view of subject property FIGURE 4: Proposed One Storey Shed beside the existing building and shipping container REPORT: Planning Comments: Case law sets out the tests to be applied by the Committee of Adjustment in considering applications under Section 45(2)(a)(i). It should be noted that the test to be applied is not the four-part test for minor variances under Section 45(1) but rather whether the approval of the application: 1. Is in the public interest; and 2. Creates unacceptable or adverse impact upon abutting properties. Is Approval in the Public Interest? Staff is of the opinion that approval of this application is in the public interest because it will result in a new accessory structure that will help to support the existing use on site. The proposed shed, is proposed to be located outside of any treed area on the property (outside the Regionally Significant Woodland) and will not pose a health and safety hazard to a sensitive use being accessory to the Pioneer Sportsman Club. It will provide a safe location to store equipment and materials, needed for the maintenance of the use and property, out of public view and without disturbing or negatively impacting the environmental features on the site. The increased storage space will help visitors enjoy the natural landscape and does not negatively impact surrounding vegetation or existing use of the site. Page 113 of 276 Any Adverse or Unacceptable Impacts? Policy 6.C.2.10 of the City's Official Plan states: 6.C.2.10. Further to Policy 6.C.2.9 and except as prohibited in Policies 6.C.2.4 and 6.C.2.6, development, redevelopment or site alteration may be permitted in those portions of natural hazardous lands and hazardous sites where the effects and risk to public safety are minor could be mitigated in accordance with the Province's standards, and where all of the following are demonstrated and achieved: a) development, redevelopment or site alteration is carried out in accordance with floodproofing standards, Protection Works Standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during the times of flooding, erosion and other emergencies; c) new hazards are not created and existing hazards are not aggravated; d) no adverse environmental impacts will result; and, e) a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit (Pursuant to Ontario Regulation 150/06) is issued by the Grand River Conservation Authority. Policy 6.C.2.10 permits development, redevelopment or site alteration in hazardous lands, the `Floodway', subject to a) to e).The location of the proposed accessory building is appropriate, as it will be located outside of the environmental feature, and similar in size with the other existing accessory structures on the site (i.e. shed and shipping container). The proposed accessory shed will be 11 metres in length, 9.1 metres in width, 5.75 metres in height and 100 square metres in area. Staff is of the opinion that as the one -storey shed will comply with a) to e) of Policy 6.C.2.10, there will not be any adverse or unacceptable impacts with its development on the subject lands. Environmental Planning Comments: Zoning By-law 2019-051 zones the floodplain (both Grand River and the unnamed tributary from north of Pioneer Tower Road) and woodland (Regionally Significant Woodland) portions of this property NHC-1 ("Natural Conservation"). As part of the comprehensive review of the City's zoning bylaw leading to 2019-051, the GRCA requested that the City zone all floodplain / floodway lands NHC-1, wherever possible. Because the concept location is outside of any treed area on the property (Regionally Significant Woodland) and the GRCA supports the proposal, in this specific instance staff can also support the minor variance. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A building permit application has been made for the new storage building and it is currently under review. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: No comments. Page 114 of 276 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 115 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 116 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 117 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: A 2022-077 - 211 Pioneer Tower Road Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA(a-) Kitchener. ca Dear Sarah Goldrup, Re: Minor Variance Application A 2022-077 211 Pioneer Tower Road, City of Kitchener Pioneer Sportsmen Club via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor variance application. Recommendation GRCA has no objection to the above -noted minor variance application. Documents Reviewed by Staff GRCA staff have reviewed the following documents submitted with this application, received on June 23, 2022 from the City of Kitchener: • Application for Minor Variance (City of Kitchener, June 6 2022) • Key Plan and Part Site Plan (John MacDonald Architect Inc., May 31 2022) GRCA Comments GRCA has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of Waterloo and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains provincially significant Grandview Wetland, watercourses, floodplain, slope hazards, and the associated regulated allowances to these features. A copy of our resource mapping is attached. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 118 of 276 Due to the presence of these resource features, the majority of the subject property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject property will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. We understand the property currently contains a recreational club and campground. The purpose of the application is to permit the enlargement/extension of a legal non- conforming use (the Pioneer Sportsman Club) to facilitate the construction of a one - storey storage shed with a floor area of 100 square metres for storage of landscape maintenance equipment. GRCA has no objection to this minor variance application. A GRCA permit is required prior to construction of the shed. GRCA has already received the related permit application. Consistent with GRCA's 2022 approved fee schedule, this application is considered a `minor' minor variance and the applicant will be invoiced in the amount of $290 for the GRCA's review of this application. A separate fee applies for the associated GRCA permit application. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Enclosed: GRCA Resource Map Copy: Pioneer Sportsmen Club — Owner (via email) Page 119 of 276 N (7 Z lLJ •i p Q O N `LL p U Q o E C) N 7 N fB O Q O O O fl € "> a mas - oNI Q Q U U_ m N -m od 2 CTYn (7 v L Q Q o f Y E- - E a .. L Q �? 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L z (l(lst( Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-330 SUBJECT: Minor Variance Application A 2022-330 — 125 Uplands Drive RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-330 for 125 Uplands Drive requesting relief from Section 37.2 of Zoning By-law 85-1, to permit an interior side yard setback of 1 metre instead of the required 1.2 metres to facilitate the conversion of the existing carport to an attached garage, generally in accordance with drawings prepared by Elle3 Design & Interiors Inc., dated May 19, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-330 for 125 Uplands Drive requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit an interior side yard setback of 1 metre instead of the required 1.2 metres to facilitate the conversion of the existing carport to an attached garage, generally in accordance with drawings prepared by Elle3 Design & Interiors Inc., dated May 19, 2022, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application requesting relief from Section 37.2 of Zoning By-law 85-1 and Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit an interior side yard setback of 1 metre to facilitate the conversion of the existing carport on the single detached dwelling to an attached garage. • The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. • There are no financial implications. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 121 of 276 BACKGROUND: The subject property is located on the southerly side of Uplands Drive within the Forest Hill Neighbourhood, comprised predominantly of low-rise residential and institutional uses. Location Map — 125 Uplands Drive � T � ,r Location of Requested Minor Variance Photo of Subject Property The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1 and `Residential Two Zone (RES -2)' in 2019-051, which is currently under appeal. The purpose of the application is to permit a 1 metre side interior side yard setback to facilitate the conversion of the existing attached carport into an attached garage rather than the minimum required 1.2 metres for an attached garage. Page 122 of 276 The applicant intends to convert the existing attached carport into a fully enclosed attached garage, with the existing roof to remain. A new foundation will be poured, and walls will be built in line with the existing posts supporting the roof. City Planning staff conducted a site visit on June 29th, 2022. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types while maintaining the low density character of the neighbourhood. Official Plan policy 4.C.1.8 details criteria that should be considered where a minor variance is requested. Subsections `c' and `e' specify that any modifications to existing structures are compatible in scale, massing, design, and character to adjacent properties and the streetscape, and allow the lands to "function appropriately and not create unacceptable adverse impacts for adjacent properties by providing ... an appropriate number of parking spaces...". Staff are of the opinion that the existing carport siting to the side of the property is compatible in scale and massing with the adjacent property (121 Uplands Drive) and that the proposed attached garage and side yard setback is comparable to those of the surrounding properties and will be a compatible use. The requested variance will not infringe on the exterior areas of the adjacent properties and will still maintain an appropriate number of parking spaces for the subject property. The requested variance will not affect the low rise residential streetscape and therefore maintain the intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback requirement in both Zoning By-laws 85-1 and 2019- 051 is to ensure adequate separation and privacy between abutting properties and allow for access to the rear yard. Staff note that the existing carport structure will not be used for habitation and that there are no windows in the proposed garage elevations on the east fagade abutting the adjacent property; therefore, and adequate level of separation and privacy will be maintained. A deficiency of 0.2 metres is not discernible from the public realm and access to the rear yard will be maintained through the western side yard and the rear door of the proposed garage. The requested variance will facilitate the creation of an attached garage, maintaining an appropriate configuration for parking on the subject property. Staff are of the opinion that the requested variance meets the intent of the zoning by-law. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the effects of the requested variance are minor as the approval of an existing side yard setback deficiency of 0.2 metres will not be distinguishable and will not have a significant impact on the adjacent properties or neighbourhood. Is/Are the Variance Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance is desirable for the appropriate development and use of the land and building as the proposed attached garage is consistent with the low rise characteristics of similar structures in the surrounding neighbourhood. The setback deficiency is located to the side of the subject property and not discernable from the public realm and will not affect access to the rear yard. As Page 123 of 276 such, the requested variance is considered desirable in order to facilitate the conversion of the existing carport to an attached garage. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit to enclose the carport is obtained prior to construction. Please contact the Building Division at building(o-)-kitchener.ca with any questions. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Based on the submitted drawings, the garage would meet the standard width for a garage entrance. Therefore, Transportation Services have no concerns with the proposed application Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) Page 124 of 276 • Zoning By-laws 85-1 and 2019-051 ATTACHMENTS: Attachment 1: Site Plan and Survey of 125 Uplands Drive Attachment 2: Existing Carport and Proposed Attached Garage Renderings Page 125 of 276 ATTACHMENTS: ----------- ------------ n3 n K G rES1 OE NC iA n �MTNG C-GVERED P -MCA X K,1 1757 I AZ� —. - --F— - — - — -T-- —F UPLAN)$ clkr.lc ,tea w ELLE Site Plan and Survey of 125 Uplands Drive hal li. 'I R,3. M ff 71w n,03 CP R"C-LIL L -j Page 126 of 276 Existing Carport and Proposed Attached Garage Renderings Page 127 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 128 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 129 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 130 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 131 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-336 SUBJECT: Minor Variance Application A 2022-079 - 31 Monterey Road Owner: Miriam and Sean Browne Applicant: Carole Boucher RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-079 for 31 Monterey Road requesting relief from Section 6.1.1 b) i) of Zoning By-law 85-1, to permit the required off-street parking space to be located 3.2 metres from the street line instead of the required 6 metres, to facilitate the partial conversion of the existing attached garage into a personal home office, for the exclusive use of the resident, generally in accordance with drawing prepared by Carole Boucher Architect, dated June 1, 2022 (attached to Report DSD - 2022 -336, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-079 for 31 Monterey Road requesting relief from Section 5.33 a) i) of Zoning By-law 2019-051, to permit the required off-street parking space to be located 3.2 metres from the street line instead of the required 6 metres, to facilitate the partial conversion of the existing attached garage into a personal home office, for the exclusive use of the resident, generally in accordance with drawing prepared by Carole Boucher Architect, dated June 1, 2022 (attached to Report DSD -2022-336), BE APPROVED, subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of a minor variance to facilitate the partial conversion of the existing attached garage into a personal home office by use of the resident, with an off-street parking setback of 3.2 metres from the street line. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 132 of 276 • The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of the Record and signage placed on the property. • This report supports the delivery of core services. BACKGROUND: Location Map of 31 Monterey Road (subject property). The subject property is located south of Monterey Road close to the intersection of Monterey Road and Applewood Avenue. The subject property contains an existing 2 storey, side -split brick and siding house, with an attached garage. The area is predominately a low-rise low-density residential neighbourhood. The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1, and `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is to permit an appropriately sized parking space in the driveway, for the existing single detached dwelling. As per the application and applicant's intent, they have stated that they intend to partially convert a rear portion of their attached garage to accommodate a home office, for personal use of the resident. This partial conversion of the garage has reduced the length of the parking space in the garage to 4.3 metres whereas the by-law requires 5.5 metres. This has eliminated the parking space in the garage from being considered the required parking space. The intent of the application is to be able to recognize the parking space in the driveway as the required parking space, however it is only located 3.2 metres from the street line, instead of the required 6 metres. Page 133 of 276 1 Site Visit Photo of 31 Monterey Road (subject property). Page 134 of 276 a E Monterey Road 551-0- 16.8 s•-0-16.8 m - PM jW North N A4- y in+ 2.0 m ! : a P t ra ,lane ,1, 2022 Site Plan showing existing building and garage, and location of the resident's personal home office in the garage. Page 135 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a 2 -storey, single detached dwelling. The proposed home office inside a portion of the existing attached garage, and the reduced setback of off-street parking to the lot line will not significantly change the existing massing, height, or other design characteristics of the property. Therefore, it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the by-law requirement for an off-street parking to be setback 6 metres from the street line is to ensure that the streetscape is not dominated with the presence of vehicles and that a vehicle is located a safe and protected distance from the sidewalk and street. The distance of 3.2 metres between the off-street parking space and front lot line will be sufficient and will still provide an adequate buffer to the sidewalk and will not reduce or limit movement or accessibility across the driveway. Is/Are the Effects of the Variance(s) Minor? The requested variance can be considered minor since it is not anticipated to cause unacceptably adverse impacts on adjacent properties. The variance will allow the parking space on the driveway to be recognized as the legal parking space for the dwelling unit as the partial conversion of the garage to a home office, will eliminate the legal parking space within the garage. The use of a portion of the garage for an office is compatible with the existing residential use and the use of existing driveway for the legal parking space will not negatively impact the neighbouring properties or the streetscape. The existing driveway is more than long enough to accommodate a legal parking space and sufficient buffer from the sidewalk. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land. Building and/or Structure? The requested variance to permit a reduction in the off-street parking setback is desirable in that it will allow a portion of the existing attached garage to become habitable living space and to be used for a home office. It will also recognize an appropriately sized parking space on the driveway as the legal parking space for the dwelling to accommodate a home office in the attached garage. Further, there will be no change to the visible scale and massing of the house. There are no anticipated negative impacts as a result of the requested variance to adjacent properties, or the streetscape and surrounding neighbourhood. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Page 136 of 276 Building Division Comments: The Building Division has no objections to the proposed variance provided building permit application for renovations to the garage is obtained prior to construction. Please contact the Building Division at building(ukitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 and 2019-051 ATTACHMENTS: Attachment A — Plan included with Application Form Page 137 of 276 55. - d` We m l _ I I I I 41'- 3 1r2" 126m I C f I v - 8 tri" o Existing 2 Storey. i Side -split Erick d 2.0 m , ,. 0) A t '$ldrnp House f &nLI r� -- —ti M I X& b I € I nr rr, �: I 4.6 m to I e L t - EI n Cb '00ssogo� A HITT e / Zl'ir cA�>ar� �,.�,�� z Ll 06 �f Monterey RnaJ E a rmd�-% Carola Souther Architect Mimi $ Sean Browne 443 Louisa St. N`2 3 ON 31 Monterey 5194197-9737 Rd, Kitchener caro4e0cbarch.ca Site Layout Project number 2288 pate June 1, 2022 Gramm by Checked by Al .0 C8 MME Scale 1 .200 Page 138 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 139 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 140 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 141 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 142 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-337 SUBJECT: Minor Variance Application A2022-080 - 64 Wilhelm Street Owner: Stephen Preece Applicant: Jason Doerbecker RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-080 for 64 Wilhelm Street requesting relief from Section 6.1.1 b) i) of Zoning By-law 85-1, to permit the required off-street parking to be located 0 metres from the street line instead of the minimum required 6 metres to recognize the two (2) side by side parking spaces in the existing driveway, for the existing single detached dwelling and to facilitate the development of an Additional Dwelling Unit (ADU) (Detached), generally in accordance with drawings prepared by Interior Design Hub, dated May 11, 2022 (attached to Report DSD -2022-306), in accordance with Site Plan Application SP22/072/W/TZ, BE APPROVED. Zoning By-law 2019-051 A. That Minor Variance Application A2022-080 for 64 Wilhelm Street requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit the required off-street parking to be located 0 metres from the street line instead of the minimum required 6 metres to recognize the two (2) side by side parking spaces in the existing driveway, for the existing single detached dwelling and to facilitate the development of an Additional Dwelling Unit (ADU) (Detached), generally in accordance with drawings prepared by Interior Design Hub, dated May 11, 2022 (attached to Report DSD -2022- 306), in accordance with Site Plan Application SP22/072/W/TZ, BE APPROVED, subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 143 of 276 REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to recognize the existing parking location and configuration to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) on the subject property. • The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of the Record and signage placed on the property. • This report supports the delivery of core services. BACKGROUND: Location Map of 64 Wilhelm Street (subject property). The subject property is located on the north side of Wilhelm Street, at the intersection Wilhelm Street and Hett Avenue. The subject property contains a two-storey single detached dwelling with a paved area in the exterior side rear yard. The area is predominantly a low-rise low-density residential neighbourhood. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1, and `Low Rise Residential Four Zone (RES -4) in Zoning By-law 2019-051, which is currently under appeal. The purpose of the subject minor variance application is to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear side yard and recognize the two (2) side by side parking spaces on the existing driveway. Specifically, the variance is as follows: - to permit the required off-street parking to be located 0 metres from the street line, instead of the required 6 metres to recognize the two (2) side by side parking spaces in the existing driveway for the existing single detached dwelling and to facilitate the development of an Additional Dwelling Unit (ADU) (Detached). City Planning staff conduced a site inspection on July 7, 2022. Page 144 of 276 Subject property's existing paved driveway located in the side rear lot from Hett Avenue. Page 145 of 276 =mow f � �r�111LLOP Wflylr� u ` i 11itlK�l10NXA1syprg�plMl r LOT 27, RE-ISTEF�ED PLAN 328 I LT' ' E el EEE -3 fJ THI 119 E-..,EcLL ElE E �-LL FE E F1 E L -P �jj111... 4 t E LOT 28, 1 Ia E t, o HE REGISTERED FEE PLAN 328 48 4 g. I E. I — H E !� m G E L,flF3 I — LT a ,E. E LT �i 1 h w n Ij tY (f} FE E rt c FE E H -LT I ET WILHELM STREET EE [_ `C?PENED &Y @Y -LAW 405, INET. Na AM" { 12192rn 441[]E} I — LT LT - E- IL I FL - E- F - IT1 -L EI E I TE E LET-- LT E - E F -LL- E i IL THF LUIT TT -LLT E - E -1 H E+ - Site Plan showing existing principal building, along with the proposed ADU and parking. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: Page 147 of 276 General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a 2 -storey residential dwelling. The proposed ADU, like a detached garage, will not change the existing massing, height, or other design characteristics of the property, because it will be established within the rear side yard. Additionally, the City's Official Plan also supports the development of additional dwelling unit(s), attached, within a residential unit, where desirable and appropriate unless otherwise limited by the policies of this Plan, and in accordance with the City's Zoning By-law, in order to provide another housing option to Kitchener homeowners and residents. The City also encourages residential intensification and/or redevelopment, including adaptive re -use and infill opportunities, including additional dwelling units, attached and detached, in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs by minimizing land consumption and making better use of existing community infrastructure. Therefore, it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the Zoning By-law requiring parking spaces to be located a minimum distance of 6 metres from the street line, is to ensure the presence of vehicles do not dominate the streetscape and that vehicles can exit the property in a safe manner. The existing driveway is located on the exterior side yard, meets the minimum required distance from the intersection and has functioned appropriately for many years without a history of complaint. Accordingly, it is staff's opinion that the general intent of the zoning by-law will be maintained. Is/Are the Effects of the Variance(s) Minor? The requested variance can be considered minor as the continuation of the parking in this location is not anticipated to cause unacceptably adverse impacts on the streetscape or adjacent properties. The parking area has existed several years without incident. Appropriately located parking spaces and access can continue to be accommodated in this location. Accordingly, it is staff's opinion that the effects of the variance are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable for the appropriate development and use of the land as it will recognize the location of the existing side by side parking in the driveway and facilitate the development of an ADU in the rear side yard. It is desirable as it will the permit a gentle form of residential intensification on the subject property. Environmental Planning Comments: It is noted that the applicant proposes to remove two trees on site and having the ADU within the dripline of the neighbour's tree. The proposed location of the ADU should be adjusted to be outside of the dripline and/or we need an arborist report. Planning staff note that the development of the ADU requires site plan approval and that a site plan application has already been submitted and is currently under review. Through the review and approval of the site plan application, Planning staff will ensure the ADU is situate on the property to minimize the impacts of the ADU on the existing trees. This will require locating the ADU outside of the dripline of the neighbour's tree or requiring an arborist report. Heritage Planning Comments: No comments. Page 148 of 276 Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the ADU is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Due to the fact that the back of sidewalk aligns with the property line, the driveway should measure 5.5m long at its shortest point to ensure vehicles can park within the driveway without encroaching into the sidewalk. The plan submitted with this application does not appear to reflect this and should be adjusted to ensure 5.5m length is met across the entire driveway. Transportation Services can support the proposed variance as long as the condition above is met and reflected in the drawings. Planning staff note that the development of the ADU requires site plan approval and that a site plan application has already been submitted and is currently under review. Through the review and approval of the site plan application, Planning staff will ensure that the parking spaces meet zoning requirements and that they are accurately reflected on the approved site plan. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 ATTACHMENTS: Attachment A — Plans included with Application Form Page 149 of 276 Ld :13 E Lu LU U) gN E LU -LU U -J 0-) iii uj 0 < L _j U -J NOE w Page 150 of 276 DO z or. 0 F - z LL (1) LLI 0 LU JZ �v Ck -i s m u Ld :13 E Lu LU U) gN E LU -LU U -J 0-) iii uj 0 < L _j U -J NOE w Page 150 of 276 T IL° I i x G urrt " G G L T E I TE E L- 1 II I1 III 11 I I II L T 27. J E I TE E L'` :522 SUMYOFM REAL PROPERTY RE r°U1°I hAN OF 9URAY OF LOT 28 REGISTERED PLAN 328 CITY OF KITCHENER REGIONAL MMICIPAUTY OF VV.4.T E F. L' -PO 1FE INTENDED PLO -WE C -I IN W UFH BY 457 m N WJCf ME- .['UTTED A; A M6LE OF 7.TSO REPORT. 'L .T TM G I'i c- i E FG I ..EF E I EG - THE INC - 1E e 1n r eT, LT EITEE L. R, FIR K E I LT E ll d T 11R Tc - C G G "T -UM -G T- F F nc m F E, ET H x EF x - u _E - 11 G I I -L - R I P I um K P° G T E1L- IE I T - II LI EEi11 -TK E1 mE E E- E TE ml TIC E- E IT- E TE ml ' I, TIC - I T TIC E I E. x - x! E- 1 1 -11 THE E -E E T !F I CIT I IFIE I — LT, L.EGE*1r, ETE E, E T ET 'I E TE E, E TF I E TE T- - I - J [R eL . I I TE L- I E TE I - E ET -11. .-IL .'ETE 11 E TE EI I 1X E e ET 'ET -r f-. nE TE - n- TE Ed I L u " I� G TG R L P T LT L . ... LL- [ I �F G TG I L LT L R E � E -1-E 1 L-1 -E E1E r E -n - ! [R E T TIC T GTI E - - - TGT PL E ° FG T 6 . I T- GH m L- TiI - TG LI £ LST �} I T- G. - P G G T I IT - L1 T- G LppV, 7-. L7 LJ ,- -E-E IE -IE REGISTERED 4 F I I -L rE I Fm L. - E I PLAN 328 i ... F 111 I F -1I -I GI m G I E° x- G GG T -t T T F I li . `y E'1 n r I : :; LT: ; *- g ,y T E, 7," � � •. I ua, LT 9} 9F M1"L 4pap��e . {rf3D I- 1 i II { I �'t rte - M. E LT EP ' I- E F ILHELM STREET r I 10KNED ErY aY-L6A 414 ry37. Ns A?OW4j I G- I1217bn WOE) I I I — LT L I_n G T- I N I ,. - F° 11-T--:-:-I^A'E i i1 S i l- I I F I I I I EI I I I I mE, - L- - I IT- I- - E Ill TK I I - rile G -T - 7C E L-1 -E E TK I I li I„ ri 1 ,jl_ 1 ,. it GG G I I i -TE- -I L T - E I TE E L- n 11. T,I~I'nEIETlL L -I T-1 1- E, Page 151 of 276 R. IF Page 152 of 276 in I I mj NMI= ■ R. IF Page 152 of 276 Page 153 of 276 Page 154 0 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 155 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 156 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 157 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 158 of 276 From: Sent: July 7, 2022 6:41 AM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Subject: [EXTERNAL] Re: Application No. A 2022-080 - 64 Wilhelm Street Dear Committee Members, I would like to submit my comments on the referenced application for the Committee's consideration. I assert that the current illegal driveway and future additional detached dwelling unit will prevent access to conduct future repairs to the retaining wall between our two properties which supports my driveway. Without access to conduct these repairs my driveway will be rendered unusable and could negatively impact the foundation of my dwelling unit. I recommend that this application to legalize the subject driveway to support the construction of a future additional detached dwelling unit be rejected. I would also like to comment that construction of the future additional detached dwelling unit not be approved. Yours truly, Irmgard Urbach Sent from Mail for Windows Page 159 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-354 SUBJECT: Minor Variance Application A2022-081 149-151 Ontario Street North and 21 Weber Street West Owner: 2851519 Ontario Inc, Melissa Carter Applicant: Reema Masri, Masri O Architects RECOMMENDATION: That Minor Variance Application A2022-081 for 149-151 Ontario Street North and 21 Weber Street West requesting relief from Section 6.1.2 a) of Zoning By-law 85-1 to permit a minimum parking requirement of 0 parking spaces per dwelling unit instead of the minimum parking requirement of 1 parking space per dwelling unit and 0.165 parking spaces per dwelling unit (for dwelling units less than 51 square metres in area), in accordance with Site Plan Application SP22/041/0/ES, BE APPROVED. REPORT HIGHLIGHTS: • The applicant is requesting a minor variance to reduce the required parking to 0 spaces per dwelling unit for a 27 storey, 230 -unit mixed-use development. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located at the corner of Ontario Street North and Weber Street West. The subject property is identified as `Urban Growth Centre' on Map 2 — Urban Structure and is designated `City Centre District' on Map 4 — Urban Growth Centre in the City's 2014 Official Plan. The property is zoned `Office District Zone (D-4)' in Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 160 of 276 Figure 1: View of Subject Property (149-151 Ontario Street North and 21 Weber Street West) The subject property contains a semi-detached brick residence, constructed in 1876, that is listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The subject property received Approval in Principle to construct a 21 -storey building overtop of the existing heritage dwelling under Site Plan Application SP19/137/0/GS in April 2020. The Committee of Adjustment approved the associated Minor Variance application A2019-050 on August 20, 2019, to allow for residential parking rate of 0 parking spaces per unit. In 2022, a new property owner has applied for a new site plan application (SP22/041/0/ES) to construct a 27 -storey mixed use building overtop of existing heritage dwelling on the subject lands. A new minor variance is required to request a parking rate of 0 spaces per unit for the new updated concept. A total of 230 residential units is proposed. Page 161 of 276 ONTARIO STREET ------- ` 0 F1 L— Figure 2: Proposed Site Plan SP22/041/0/ES (2022) [!a LU a� uj w LU co w m LLi Figure 3: View of Existing Site (July 7, 2022) Page 162 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated City Centre District within the Urban Growth Centre in the Official Plan. The Urban Growth Centre is the primary intensification area within the city. The intent of the City Centre District is to provide a pedestrian oriented environment characterized by ground floor commercial uses, while supporting large scale development and redevelopment. The proposed site plan concept achieves these objectives by proposing a large scale multi use building with pedestrian oriented commercial units on the ground and podium floors. The requested variance for reduction to 0 parking spaces per residential unit encourages a pedestrian oriented development and encourages uses of the nearby high order transit. Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires 0.165 spaces per unit less than 51 square metres and 1 space per unit greater than 51 square metres (134 total spaces) is to provide for adequate vehicle storage on site. The proposed application for redevelopment envisions a transit -oriented, pedestrian first development that proposes 0 parking spaces overall. The subject lands are within 175 metres of the Kitchener City Hall LRT Ion Station. The Urban Growth Centre is to give pedestrian, cycling, and rapid transit modes of transportation the priority over vehicular circulation within the overall transportation system. Should future users of the site require vehicular parking, off site parking is available at the city -operated Duke and Ontario parking garage located 100 metres from the subject lands. Staff are of the opinion that the provision of a transit and active transportation oriented development within the Urban Growth Centre induces a reduced demand for vehicle storage and that any required parking storage can be provided in nearby city operated downtown parking garages. Staff are of the opinion that the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The provision of 0 parking spaces is expected to attract future residents that do not own a personal vehicle. As the development proposes no parking area overall, it is expected that future users will be aware of the site conditions and make alternative arrangements for any vehicle storage needs, such as city operated downtown parking garages. The City's downtown contains an established network of 2 -hour temporary on street parking for visitors and short term site users. Planning staff do not expect any adverse impacts as a result of the requested variance, and therefore the effects can be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land. Building and/or Structure? The location of the lands within the Urban Growth Centre and 175 metres to an LRT Ion station stop is conducive to a transit and pedestrian oriented development with less priority on vehicular movements. Staff are of the opinion that the variance allows for a desirable and appropriate for the use of the land. Environmental Planning Comments: No natural heritage or tree management policy concerns. Page 163 of 276 Heritage Planning Comments: The subject property municipally addressed as 149-151 Ontario Street North is listed as a non- designated property of cultural heritage interest or value on the City's Municipal Heritage Register. There is currently a site plan application under consideration by staff which has not yet been given approval. With regards to this application, there are no heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: Parks/Operations has no comment. Transportation Planning Comments: Transportation Services has reviewed the justification report provided by Paradigm Transportation Solutions Ltd. and can support the request for zero parking spaces based on the following: • 238 Class A and 2 Class B bicycle parking spaces are being provided on site and approved through the site plan approval process. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Minor Variance application A2019-050 • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 ATTACHMENTS: No attachments. Page 164 of 276 Page 165 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 166 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 167 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 168 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 169 of 276 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-353 SUBJECT: Minor Variance Application A2022-082 - 544 Bridgeport Road Owner: Dan Driedger, Menno Homes Applicant: Brian Torrens, Edge Architects RECOMMENDATION: That Minor Variance Application A2022-082 for 544 Bridgeport Road requesting relief from Section 5.6 of Zoning By-law 2019-051, to permit a minimum parking requirement of 0.75 parking spaces per dwelling unit (72 parking spaces) instead of the minimum required 0.9 parking space per dwelling unit (87 parking spaces) generally in accordance with drawings prepared by Edge Architects Ltd, dated June 9, 2022, in accordance with Site Plan Application SP/19/135/B/GS, BE APPROVED. REPORT HIGHLIGHTS: • The applicant is requesting a minor variance to reduce the amount of required parking for a 96 - unit affordable housing development. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located at the corner of Bridgeport Road and Lancaster Street West. The subject property is identified as `Urban Corridor' on Map 2 — Urban Structure and is designated `Mixed Use' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Mixed Use Two (MIX -2)' with site specific provision (41) in Zoning By-law 2019-051. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 170 of 276 Figure 1: View of Subject Property (544 Bridgeport Road) The Committee of Adjustment approved minor variance application A2020-013 in February 2020 to facilitate the construction of a 5 -storey building with a height of 17.4 metres instead of the maximum permitted height of 13.5 metres on the subject site. The associated Site Plan Application SP19/135/B/GS was approved in 2020 and the building (Building A on approved site plan) has been constructed. The applicant is seeking to commence construction of the second building (Building B) on site as per the approved site plan to also be used for affordable housing. 12 additional units are proposed to be added to the original site plan for a total of 96 units. The applicant has reviewed the parking demand in the first stage of occupancy of Building A and determined that the demand is very low. Therefore, the necessity to build the amount of parking spaces listed on the original site plan is diminished. The applicant is now seeking to reduce the overall residential parking rate to react to this demand. The purpose of this application is to allow for the development of Phase II of the 96 - unit affordable housing multiple dwelling development with a residential parking rate of 0.75 parking spaces per dwelling unit (72 spaces) instead of the minimum required 0.9 parking space per dwelling unit (87 parking spaces). Overall, the original site plan had 119 parking spaces provided. The revised plan contains 114 parking spaces. Standard parking spaces have been converted to Barrier Free parking spaces which has caused the small reduction. The site requires 42 parking spaces for the associated non- residential space on site (institutional and commercial space). Page 171 of 276 ,•:�: , :_ II Ip v y L Lwl� h WFRVvp,Iµ TI.rR+ � �T �t:I I I Imo. Figure 2: Approved Site Plan SP19/135/B/GS (2020) � _ I I� PFIRSE 11 i INEW CONSTRUCTION) D J► r, \' Y�P5g i i / EPSt L'f tR°�v o 4p4 E Figure 3: Proposed Site Plan Page 172 of 276 .. I I S4.d 3RIOGE RT RIDAD a INce I PROfIOW34 S➢QREY MIXED-USE 90. INNG 4 I I 4 1. FM' l [7,773 ria f ----------- r ,•:�: , :_ II Ip v y L Lwl� h WFRVvp,Iµ TI.rR+ � �T �t:I I I Imo. Figure 2: Approved Site Plan SP19/135/B/GS (2020) � _ I I� PFIRSE 11 i INEW CONSTRUCTION) D J► r, \' Y�P5g i i / EPSt L'f tR°�v o 4p4 E Figure 3: Proposed Site Plan Page 172 of 276 Figure 4: View of Existing Building A (July 7, 2022) lli � i i*IVI4, �:.3,+._. u '@'r{ Figure 5: View of Existing Parking Area (July 7, 2022) Page 173 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Mixed Use' in the 2014 Official Plan. The Official Plan encourages development within mixed use lands to be transit -supportive and cycling and pedestrian friendly. An objective in this land use designation is to be walkable and interconnected with other areas of the city. The requested variance for a reduction in vehicle parking will allow the site to function in a transit -supportive manner and encourage transit and active transportation for future users of the site. Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires 0.9 parking spaces per dwelling unit in Mixed Use zones is to provide adequate vehicle storage on site. Through occupancy of phase 1 of the building, the applicant has determined that demand for vehicle parking spaces for the affordable housing units is much lower than the minimum parking rate requires. Planning staff acknowledges that through discussion with the Region of Waterloo affordable housing staff that demand for parking spaces for affordable housing units is typically significantly lower than market housing. Staff are of the opinion that the proposed rate of 0.75 parking spaces per residential unit will be sufficient to provide vehicle storage for the proposed use. Staff are of the opinion that the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The provision of 114 total parking spaces (72 residential, 42 non-residential) is expected to exceed demand for parking on site. Planning staff do not expect any adverse impacts as a result of the requested variance, and therefore the effects can be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The use of the land as an affordable housing development creates a parking demand that is lower than the required minimum rate in the Zoning By-law. Staff are of the opinion that the variance is appropriate for the use of the land. Environmental Planning Comments: No environmental planning concerns. The City's Tree Management Policy has been addressed through the Site Plan application. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: Parks/Operations has no comment. Page 174 of 276 Transportation Planning Comments: Given the use of the property is affordable housing, and evidence of low parking utilization for the first phase of the development, Transportation Services can support the increase in the number of units and thus, a reduction in the rate of parking provided. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Minor Variance application A2020-013 • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: No attachments. Page 175 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 176 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 177 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 178 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 179 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-355 SUBJECT: Minor Variance Application A2022-083 - 99 Becker Street Owner: 2523365 Ontario Inc. Applicant: Shaddi Fahel RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-083 for 99 Becker Street requesting relief from Section 6.1.2 a) and Section 6.1.1.1 d) i) of Zoning By-law 85-1, to permit a parking requirement of 1.15 parking spaces per dwelling unit (14 parking spaces) instead of the minimum required 1.5 parking spaces per dwelling unit (18 parking spaces), and to permit parking to be located between the fagade and the front lot line, 0 metres from the street line, generally in accordance with drawings prepared by Chris Fernandes Design Corp, dated March 3, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-083 for 99 Becker Street requesting relief from Section 5.3.3 c) of Zoning By-law 2019-051, to permit parking located between the fagade and the front lot line, 0 metres from the street line, generally in accordance with drawings prepared by Chris Fernandes Design Corp, dated March 3, 2022, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for minor variances to permit the owner to construction an additional (1) dwelling unit within the existing 11 -unit multiple dwelling. • There are no financial implications. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 180 of 276 BACKGROUND: Front view of property and view of existing parking spaces Page 181 of 276 The subject property is located on Becker Street, between Krug Street and Frederick Street. The current use of the building is a multiple dwelling with 11 residential units. The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Six Zone (R-6)' in Zoning By-law 85-1 and zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019-051, which is currently under appeal. The applicant is requesting relief from Section 6.2.1 a) of Zoning By-law 85-1 to permit a parking requirement of 1.15 parking spaces per dwelling unit (14 parking spaces) instead of the minimum required 1.5 parking spaces per dwelling unit (18 parking spaces), relief from Section 6.1.1.1 d) i) of Zoning By-law 85-1 to permit required parking to be located between the facade and the front lot line and to be located 0 metres from the street line instead of the minimum 3 metres, and relief from Section 5.3.3 c) i) of Zoning By-law 2019-051 to permit required parking spaces to be located within the front yard and to be located within 3 metres of the front lot line, to recognize the existing parking configuration to allow the creation of an additional dwelling unit within the existing 11 unit multiple dwelling. X PUBLIC b, WSFPUS M u3., AD40 LANE Proposed concept site plan Page 182 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential within the City's Official Plan. This designation permits low density forms of housing such as low-rise multiple dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variance for a parking reduction and parking locations meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the required minimum parking in By-law 85-1 is to ensure adequate parking for the multiple dwelling which includes visitor parking. The proposed parking rate of 1.15 spaces per unit is the required parking rate within the 2019-051 By-law which is currently under appeal. The intent of the parking location to not be within the front yard and the specified distance of 3 metres from the front lot line for both By-laws is to ensure adequate front yard separation and clear visibility from the street, without vehicles interfering with the aesthetic of the streetscape. The proposed parking is an existing condition and the existing parking area is not located directly in front of the multiple residential building. The parking has existed without issue and does not negatively impact adjacent properties nor the streetscape. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The variances can be considered minor, as it is the opinion of staff that the reduced parking rate meets the proposed 2019-051 Zoning By-law parking rate, and the location of the parking spaces are an existing condition that has had no impacts to the neighbourhood. The variances will not present any significant impacts to adjacent properties and the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are appropriate for the development and use of the land. The variances will allow the gentle intensification of an existing multiple residential building. Environmental Planning Comments: No natural heritage planning concerns. Heritage Planning Comments: No Heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made for the new residential unit and it is currently under review. Engineering Division Comments: No Engineering concerns. Page 183 of 276 Parks/Operations Division Comments: No Parks planning concerns. Transportation Planning Comments: The current number of spaces provided as per a site visit equal 16, which is less than what is required (18 required). This application would reduce the number of spaces provided from 16 to 14 in order to provide a standard barrier -free space on site. Given that the site proposes to have a total of 12 units, there is enough spaces for 1 space per unit, plus several visitor spaces. It should be noted that there is plenty of on -street parking available for visitors should the parking lot be at capacity already. Transportation Services can support the proposed reduction in parking for this site. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 184 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 185 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 186 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 187 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 188 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-338 SUBJECT: Minor Variance Applications A2022-084 to 088 (inclusive) 26, 28, 30, 32 and 34 Pony Way Owner: David Freure, Freure Promontory Inc. Applicant: Nick Bogaert, MHBC Planning Ltd. RECOMMENDATION: Minor Variance Application A2022-084 — 26 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-084 for 26 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-084 for 26 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the required 4.0 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 189 of 276 Minor Variance Application A2022-085 — 28 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-085 for 28 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-085 for 28 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4.0 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Minor Variance Application A2022-086 — 30 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-086 for 30 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-086 for 30 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Page 190 of 276 Minor Variance Application A2022-087 — 32 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-087 for 32 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-087 for 32 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Minor Variance Application A2022-088 — 34 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-088 for 34 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-088 for 34 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Page 191 of 276 REPORT HIGHLIGHTS: • The purpose of this report is to review minor variance applications to facilitate the construction of rear decks onto the rear of street townhouse dwelling units under construction where individual patios at grade were originally proposed. • The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of the Record and signage placed on the property. • This report supports the delivery of core services. BACKGROUND: Location Map of 26, 28, 30, 32 and 34 Pony Way (Subject Properties) The subject properties are located north of Pony Way, close to the intersection of Pony Way and Roper Place, and the intersection of Pony Way and Shedrow Place. The subject properties will contain a two-storey building classified as a street townhouse dwelling unit under Zoning By-laws 85-1 and 2019-051. The properties also contain an attached garage accessed from Pony Way. The area is predominantly a low-rise low-density residential neighbourhood. The subject properties are identified as `Community Areas' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Residential Six Zone (R-6)', with Special Regulation Provision 698R in Zoning By-law 85-1, and `Low Rise Residential Five Zone (RES -5)', with Site -Specific Provision 315 in Zoning By-law 2019-051, which is currently under appeal. With regards to the purpose of the application, the applicant stated that their intent is to facilitate the construction of a deck in place of the previously identified patio for each of the units in question, a minor variance is required related to the rear yard setback. The lots have a shallower depth in recognition of the landscape buffer which was put in place to provide additional screening towards Page 192 of 276 760 Huron Road (located to the north). The 3.0 -metre buffer was brought into a common element block for the condominium, which resulted in a reduced depth for the lots in question. Due to the resulting grades, the decks are also required to be located greater than 0.6 metres above grade, resulting in the need for the variance. City Planning staff conduced a site inspection on June 24, 2022. 'tel Site Visit Photo of the Townhouse Block Page 193 of 276 Rear yard where proposed decks will be constructed. 3 SKETCH OF BLOCK 45 REGISTERED PLAN 58M-644 CITY OF KITCHENER !� REGIONAL MUNICIPAM OF WATERLOO Sc..ale 1:7517 1 t•—"}1 Stantec Geomotics Ltd. 4� �� N� ,ti 1i P .�oernw.aev nanr Mloo,lx,aw� � � ,�. i n�r�nlnl }rmq[GowwMLW.NSMC11Yrpp}iIB11W � .L� REGI "I I PLAN 5iM-644 BLACK .. 45 ea:A zf BE.r N lwa » uar u ua Ar 1111FF.—Jure iC .FJ,—JFJLre 11­111111 ri. �lA?.BA T,!—J 1lW 1.F.-3fTAA I.�—J4Y.N 14 I \ . ur-J4x.n ur-J46J3 ur. -J�a Bs ur -JIRJ3 ur -sAa.0 I 3 I Grapa F cbm � w F�— %"M1�ti I l I l�M1`I { n T . SII• 7R1 _-------�Sr——}� F —fir. — ` 'S � Y ` "i � '3 'rh i� ON WA Y NOTES i. o+le;errweee 1. aal ,,. wer,=ice rct+wae}_u Nu�Yw[v 8 ".7[FItx FRBPnkFd FDR; iP#IKE NLMJ� �FAOPQSBO 9�Y[ANG3llvT1:JN@lY CI1fWAWNN6t BY.FGtLL�L54RVF'. SIN»o7rwres.xoNzeoeewl�a 5lantec GeomaHcs M. .IwP,PPI ❑BNC+R UB+�xG RNx ECEWfAOM � -.. Stantec Olrinr.CfS+ O Gi;016w61£t {NL�JMN QV tlwi M1eN 6pf IN+ti4TBF5 P.ia6 C+3'NVFsrEP 19 F3:F BY [HNpINc By 6.:XNB G GN6F 1 Survey Plan of the Cluster Townhouse and setback reduction. Page 194 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The lands are currently being developed with a block of 2 storey street -fronting townhouses, Rear yard decks are a common amenity area and are permitted subject to zoning requirements. Therefore, it is the opinion of staff that the requested variance, to permit a reduced, but still appropriate, rear yard setback, meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the by-law requirement for a deck that is greater than 0.6 metres in height to be a minimum setback of 4.0 metres ensures an appropriate amount of softscape rear yard amenity area and maintaining privacy between adjacent properties. With regards to Special Regulation Provision 698R and Site -Specific Provision 315, the townhouse dwellings on the subject properties require a minimum setback of 7.5 metres from the property addressed 760 Huron Road. The townhouse dwellings are actually located 8.5 metres from the rear lot line of 760 Huron Road. If the 3 -metre buffer were to be included in the calculation of the setback for the deck, the deck would be located 5.5 metres from the rear lot line and would exceed the 4 -metre required setback. Additionally, there is intent to retain the existing trees and install new plantings and construct a 1.8 metre (6 foot) fence along the property line with 760 Huron Road, ensuring an appropriate buffer is maintained between the adjacent properties. Therefore, it is the opinion of staff that the requested variances, to permit a reduced rear yard setback for a rear deck, meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variances can be considered minor as they are not anticipated to cause unacceptably adverse impacts on adjacent properties. The variances will allow for the construction of slightly raised decks attached to the rear of the townhouse dwellings which are compatible with the existing residential use of the properties and will not negatively impact neighbouring lots. The decks will be located 5.5 metres from the property line with 760 Huron Road and with the landscape buffer, plantings, and visual barrier (1.8 metre high fence), it is staff's opinion that the effects of the variances will be minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances to facilitate the construction of rear decks, with level access to the patio door at the rear of the townhouse dwelling units, instead of the originally planned patios at grade, are desirable and appropriate. The proposed decks will be located 5.5 metres from the property line with 760 Huron Road and with the 3 metre planned buffer, there will be minimum impacts to the adjacent property. The requested variances to allow a reduced rear yard setback to facilitate a deck instead of a patio are desirable and appropriate. Page 195 of 276 1 CULTIS OCCIDENTALIS 22 THUJA OCCIDENTALIS 'NIG 1 QUERCUS RUBRA 1 CELTISOCC FOR BUFFER PLANTING DETAILS EXISTING TREES TO REMAIN —ZA REFER Til TMP DRWAINOS BY STANTEC TYP, ale ss '-.qT --�- REFER 0 DETAIL 15;1-3 FOR �PLANTIIdG DETAIL �-z r�rmmk Page 196 of 276 Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variances. Applications have been made for building permits for dwellings and decks and are currently under review. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 ATTACHMENTS: Attachment A — Plans included with Application Form Page 197 of 276 a MIN EE z W 9111 yp m W {} a [3 N � c I � 1g3y $S� •iQ� 4 g uy E E EW �A W a u9 J S5 ate, _ NM w P C -i :L !R Qi m -cd w U) w "C OL co ti Q LA #r w o ua m r -v J. d; 17 - �1 d• yrs a. (�+� ,5 } 5.R r O_ Cq s • �� der .,� � + � ia� pp �; c y `0`ca�r L � �• �(i" 1. O i r; ytif LLcr Of 4`1fy — cr Of W Z 0 ° loe sr C -)W CC LU CC m w Ztr0 58CC W C' - LL m Page 198 of 276 N as u - .. 04 a = IE 99919 00 OVOM ra a.rs.rsw � I V �OYI � ��- r rr �jJ 1 g J xr � tL r�J rsk. ti. s vs zrc) ( ■ps► � r g -MZL:_ AOL ,r�J�4»:� 3 sar°a+El� L 47, lit (CS_s — t } — — — — — — — — — — J— W Ql fI � M I 1 c Yn �' 4 t R G co LO � Y -6� y z w t - -6 A{_ Lu _n.. m [ LLI li iu r �,J 0 Di n_ RES Lf) V F C V`o c 4/ u—aW D ui5 e a �� F li'yl lift �}. -w t[�ii�a�4VFpR4MM��MM '�Yei`�iFv�l \I•N�y/W llM6� � Wcry im Lu oa:e W 2Ln a ,v, Ntfld 510018 8001� 1SSH 9•l� S11Nn 9510019 m° m All °" ui a. LLLLZ: W 0 in__ 3snOHNMOlO©NOO ego J N `sNMOivcinW3a OC via _ io. NO`a3N3HO1151 LL 4A4 P+31 q m S a Lei grH u § 1 m Fes-- ti 77 V p R 4 LL i Y � qqq J „ J Y tl W 51 y O e h_ Chi FSIR � C L k � • L .ar.r � 4 zr6o-sr .ire, � 4 .va3i � .S.OS Pa e 200 f � r Staff Report I _N I il R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-339 SUBJECT: Minor Variance Application A 2022-085— 28 Pony Way RECOMMENDATION: Refer to Report No. DSD -2022-338. REPORT CONTENTS: Refer to Report No. DSD -2022-338. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 201 of 276 r Staff Report I _N I il R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-340 SUBJECT: Minor Variance Application A 2022-086— 30 Pony Way RECOMMENDATION: Refer to Report No. DSD -2022-338. REPORT CONTENTS: Refer to Report No. DSD -2022-338. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 202 of 276 r Staff Report I _N I il R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-341 SUBJECT: Minor Variance Application A 2022-087— 32 Pony Way RECOMMENDATION: Refer to Report No. DSD -2022-338. REPORT CONTENTS: Refer to Report No. DSD -2022-338. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 203 of 276 r Staff Report I _N I il R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-342 SUBJECT: Minor Variance Application A2022-088 — 34 Pony Way RECOMMENDATION: Refer to Report No. DSD -2022-338. REPORT CONTENTS: Refer to Report No. DSD -2022-338. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 204 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 205 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 206 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 207 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 208 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-352 SUBJECT: Minor Variance Applications A2022-089 to 094 (inclusive) 3, 11, 13, 21, 23 and 29 Shaded Creek Drive Owner: Activa Holdings Inc. Applicant: Rachel Wolff, MHBC Planning RECOMMENDATION: Minor Variance Application A2022-089 Zoning By-law 85-1 A. That Minor Variance Application A2022-089 for 3 Shaded Creek Drive requesting relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 70%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-089 for 3 Shaded Creek Drive requesting relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum 60%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Minor Variance Application A2022-090 Zoning By-law 85-1 A. That Minor Variance Application A2022-090 for 11 Shaded Creek Drive requesting relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 70%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 209 of 276 Zoning By-law 2019-051 B. That Minor Variance Application A2022-090 for 11 Shaded Creek Drive requesting relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 60%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Minor Variance Application A2022-091 Zoning By-law 85-1 A. That Minor Variance Application A2022-091 for 13 Shaded Creek Drive requesting relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 70%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-091 for 13 Shaded Creek Drive requesting relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 60%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS ,BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Minor Variance Application A2022-092 Zoning By-law 85-1 A. That Minor Variance Application A2022-092 for 21 Shaded Creek Drive requesting relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 70%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-092 for 21 Shaded Creek Drive requesting relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 60%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS BE APPROVED, subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Page 210 of 276 Minor Variance Application A2022-093 Zoning By-law 85-1 A. That Minor Variance Application A2022-093 for 23 Shaded Creek Drive requesting relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 70%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-093 for 23 Shaded Creek Drive requesting relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 60%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Minor Variance Application A2022-094 Zoning By-law 85-1 A. That Minor Variance Application A2022-094 for 29 Shaded Creek Drive requesting relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 70%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-094 for 29 Shaded Creek Drive requesting relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum garage width of 78% of the width of the front fagade instead of the maximum permitted 60%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to facilitate the development of 6 row townhouse end units, municipally addressed as 3, 11, 13, 21, 23 and 29 Shaded Creek Drive, which are currently being reviewed as part of Site Plan Application SP22/096/S/TS. There are no financial implications. This report supports the delivery of core services. Page 211 of 276 BACKGROUND: M 35 3:3 29 GS L? 2:3 1'I 1517 I :3 I'I 7 �' S�Ap�Q �grG�K prz 4 im Location Map — 3, 11, 13, 21, 23 and 29 Shaded Creek Drive View of subject properties The subject properties are located at 3, 11, 13, 21, 23 and 29 Shaded Creek Drive, in close proximity to the intersection of Stauffer Woods Trail and New Dundee Road. The subject properties are identified as `Community Areas' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Residential Six Zone (R-6)' with special regulation provisions 685R, 687R, 689R in Zoning By-law 85-1. The properties are zoned `Low Rise Residential Five Zone (RES -5)' with site-specific regulations 306, 308 and 310 in Zoning By-law 2019-051, which is currently under appeal. The applicant is requesting relief from Section 5.5C.1 of Zoning By-law 85-1 and Section 5.4, Table 5-2, of Zoning By-law 2019-051 to allow a maximum garage width percentage of 78% of the front Page 212 of 276 T4 CS3 i7 5 0 0 4 N 7 M 35 3:3 29 GS L? 2:3 1'I 1517 I :3 I'I 7 �' S�Ap�Q �grG�K prz 4 im Location Map — 3, 11, 13, 21, 23 and 29 Shaded Creek Drive View of subject properties The subject properties are located at 3, 11, 13, 21, 23 and 29 Shaded Creek Drive, in close proximity to the intersection of Stauffer Woods Trail and New Dundee Road. The subject properties are identified as `Community Areas' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Residential Six Zone (R-6)' with special regulation provisions 685R, 687R, 689R in Zoning By-law 85-1. The properties are zoned `Low Rise Residential Five Zone (RES -5)' with site-specific regulations 306, 308 and 310 in Zoning By-law 2019-051, which is currently under appeal. The applicant is requesting relief from Section 5.5C.1 of Zoning By-law 85-1 and Section 5.4, Table 5-2, of Zoning By-law 2019-051 to allow a maximum garage width percentage of 78% of the front Page 212 of 276 fagade rather than the permitted maximum of 70% of the front fagade in Zoning By-law 85-1, and the permitted maximum of 60% in Zoning By-law 2019-051. The applicant has also submitted Site Plan Application SP22/096/S/TS for these properties, which is currently under review. Fi Proposed elevation renderings for townhouse blocks REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject properties are designated `Low Rise Residential' within the City's Official Plan. This designation permits low density forms of housing such as street townhouse dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variance for garage width meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum permitted garage width in both By-laws is to ensure that the garage doesn't dominate the streetscape. The proposed townhouses incorporate specific design features such as different architectural forms, different building materials and colours, and windows to maintain the streetscape aspect of the neighbourhood. The variances are for the end units which are typically a wider lot that can accommodate a wider garage width without dominating the streetscape. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The variances can be considered minor, as it is the opinion of staff that the increase in garage width will continue to accommodate an adequate streetscape fagade, and the increase of the garage width, from 70% to 78% is approximately one metre. Overall, the garage width increase is only being requested for the end townhouse units, which are larger than the middle units and have adequate landscaping on the side yard to reduce the impact of the garages. The increase in garage width will not present any significant impacts to adjacent properties and the overall neighbourhood. Page 213 of 276 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are appropriate for the development and use of the land. The variances will facilitate the construction of a wider garage on the end units. The scale, massing and height of the new townhouses including the slight increase in garage width facades will not negatively impact the streetscape or the surrounding neighbourhood. Environmental Planning Comments: No natural heritage concerns. Tree management policies will be addressed through the site plan. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit application for townhouse blocks are obtained prior to construction. Please contact the Building Division at building(d)-kitchener.ca with any questions. Engineering Division Comments: No engineering concerns. Parks/Operations Division Comments: Parks and Cemeteries has previously commented on Site Plan Application SP22/096/S/TS and indicated that street trees are a requirement of the Subdivision Application 30T-08203 and the proposed driveways and building layout appear to accommodate the planned trees. Please be aware of approved root pathway infrastructure under adjacent sidewalks. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan Page 214 of 276 • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 215 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 216 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 217 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 218 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 219 of 276 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-351 SUBJECT: Minor Variance Application A2022-095 - 165 Courtland Avenue East Owner: RG Boyer Holdings Ltd Applicant: Evan Wittman, GSP Group RECOMMENDATION: That Minor Variance Application A2022-095 for 165 Courtland Avenue East requesting relief from Section 6.1.2 a) of Zoning By-law 85-1, to permit a parking requirement of 0.76 parking spaces per dwelling unit (23 parking spaces) instead of the minimum required 1.25 parking spaces per dwelling unit (38 parking spaces), generally in accordance with drawings prepared by Edge Architects Ltd, dated March 16, 2022, in accordance with Site Plan Application SP20/064/C/ES, BE APPROVED. REPORT HIGHLIGHTS: • The applicant is requesting a minor variance for a reduction in required parking for a 4 -storey, 30 -unit multiple dwelling development. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of Courtland Avenue East between Madison Avenue South and Cedar Street South. The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Low Density Commercial Residential' on Map 12 — Mill Courtland Woodside Park Neighbourhood Plan for Land Use in the 1994 Official Plan. The property is zoned as `Commercial Residential One (CR -1)' in Zoning By-law 85-1. Site Plan Application SP20/064/C/ES has been submitted and is currently under review, to facilitate the development of the subject property with a 4 storey multiple residential building having 30 dwelling units. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 220 of 276 t :13 197 201 1151 153 155 2 204 o0 `.E I.—.�Ilti•. .9aUfi 146 [2 -15.1 Q "rye "Ilk ©>� t Irl r� 1 e -3 188 1 6 I If)S I.41 v0� 16 1 P 173 e 177 18 1 I ;I;a 183 203 187 2 I t14 T a3 Mike Wagner Green (Courtland Ir I i:,rseToI Figure 1: View of Subject Property (165 Courtland Avenue East) The Committee of Adjustment granted approval of Minor Variance Application A2021-089 in August 2021 to reduce the required parking rate from 1.25 parking spaces per dwelling unit to 0.9 parking spaces per dwelling unit. During detailed design, geotechnical and hydrogeological investigations revealed a high water table which resulted in the removal of the underground level that was proposed to be used for bicycle storage. This area has been relocated to ground floor, which results in a loss of vehicle parking spaces. This requires a new request for a minor variance to further reduce the parking rate to 0.76 spaces per unit. The purpose of this application is to allow for the development of a 4 -storey, 30 -unit multiple dwelling with a rate of 0.76 parking spaces per dwelling unit (23 parking spaces instead of 38 parking spaces). Figure 2: Rendering of Proposed Building Page 221 of 276 T56 y t. f 170 I` 17-1 h 171; P 17 0 �' 1is2 171,1 186 I63 192 187 t :13 197 201 1151 153 155 2 204 o0 `.E I.—.�Ilti•. .9aUfi 146 [2 -15.1 Q "rye "Ilk ©>� t Irl r� 1 e -3 188 1 6 I If)S I.41 v0� 16 1 P 173 e 177 18 1 I ;I;a 183 203 187 2 I t14 T a3 Mike Wagner Green (Courtland Ir I i:,rseToI Figure 1: View of Subject Property (165 Courtland Avenue East) The Committee of Adjustment granted approval of Minor Variance Application A2021-089 in August 2021 to reduce the required parking rate from 1.25 parking spaces per dwelling unit to 0.9 parking spaces per dwelling unit. During detailed design, geotechnical and hydrogeological investigations revealed a high water table which resulted in the removal of the underground level that was proposed to be used for bicycle storage. This area has been relocated to ground floor, which results in a loss of vehicle parking spaces. This requires a new request for a minor variance to further reduce the parking rate to 0.76 spaces per unit. The purpose of this application is to allow for the development of a 4 -storey, 30 -unit multiple dwelling with a rate of 0.76 parking spaces per dwelling unit (23 parking spaces instead of 38 parking spaces). Figure 2: Rendering of Proposed Building Page 221 of 276 G------ ---•- ' -- TT i 1VV 'l\ � � I I mrvnzaY, rrxaw�rt • : rreow� �rmwYl �, xm,enaa�s rim Ell 3H �IiY�IIf------- ---- ------ AYd mill X01vid-OUNQUe T� ----- ---- ------------ 5nm,-7 ------------ --------- I --------------------------- fti yY V' OTOG% 20M9 rmha r.J&GWI ....... .. 12MNG Figure 3: Site Plan Drawing with 23 Parking Spaces Figure 4: View of Vacant Site (July 7, 2022) Page 222 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Density Commercial Residential in the Mill Courtland Woodside Park Secondary Plan in the Official Plan. This designation intends to recognize areas of small-scale commercial development and residential development with a maximum Floor Space Ratio (FSR) of 1.0. The proposed development is for 30 units with a proposed FSR of 0.98. The request for a parking reduction does not interfere with the intent of the Low Density Commercial Residential designation in the Mill Courtland Woodside Park Secondary Plan. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires 1.25 parking spaces per dwelling unit is to ensure that there is adequate vehicle storage on site. This property is located in a Major Transit Station Area and is walking distance from Route 6 GRT bus stop on Courtland Avenue as well as the Kitchener Market LRT Station. The development is also proposing 35 Class A (indoor, secured) bicycle parking spaces in a dedicated storage room within the building. This represents more than one secure indoor bicycle parking space per unit whereas none are required as per the current zoning by-law. Given the provision of alternative transportation options proposed with this development, and its location in an MTSA, staff is of the opinion that 23 parking spaces (0.76 per unit) is adequate for vehicle storage on site. Therefore, staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposal represents a small reduction in required vehicle parking that is not expected to cause adverse impacts. Therefore the requested variance is considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The subject property is within the Central Neighbourhoods and is within walking distance from downtown amenities. Staff is of the opinion that the reduction in required vehicle parking is appropriate within a Major Transit Station Area. Environmental Planning Comments: Natural heritage and tree management policy concerns have been addressed through the Site Plan application SP20/064/C/ES. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 165 Courtland Ave E. is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill/Schneider Creek area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Page 223 of 276 Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: Parks/Operations has no comment. Transportation Planning Comments: Given the TDM measures that the development is providing as part of the development (37 Class A, 8 Class B, 5 EV ready spaces) and that the site is located within a Major Transit Station Area, Transportation Services can support a reduced parking rate of 0.76 parking spaces per dwelling unit. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Minor Variance Application A2021-089 • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (1994) • Mill Courtland Woodside Park Secondary Plan • Zoning By-law 85-1 ATTACHMENTS: No attachments. Page 224 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 225 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 226 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-346 SUBJECT: Minor Variance Application A2022-096 - 247 Glasgow Street Owner: Madeleine Karabela Agent: Katherine Hurley, Bankside Design Studio Inc. RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-096 for 247 Glasgow Street requesting relief from Section 38.2.1 of Zoning By-law 85-1, to permit a minimum side yard abutting a street of 3.6 metres instead of the minimum required 4.5 metres, to facilitate the construction of an addition to the existing single detached dwelling, generally in accordance with drawings prepared by Bankside Design Studio Inc., dated May 20, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-096 for 247 Glasgow Street requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a minimum exterior side yard of 3.6 metres instead of the minimum required 4.5 metres, to facilitate the construction of an addition to the existing single detached dwelling, generally in accordance with drawings prepared by Bankside Design Studio Inc., dated May 20, 2022, BE APPROVED. This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: The applicant is requesting a minor variance to facilitate the construction of an addition to an existing single detached dwelling with a 3.68 metre side yard setback abutting a street. There are no financial implications. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 227 of 276 BACKGROUND: The subject property at 247 Glasgow Street is located at the corner of Marina Road and Glasgow Street. The subject property is currently developed with a single detached dwelling with its front yard along Glasgow Street and exterior side yard located along Marina Road. y 6s�a 201 Subject 2'lProperty " 217 207 x544 +' ,5:1 x544244 225 221 233 `'20 13)� 272 239 o t;51 143 � 278 247 2� 2n4 XA IN 1 2':1(] q 5 4( 261P �1t ' rt'I6 78 216;a 13 '.` r 3 C�` J 27:1 t,14 13 Cad279r - 2t 116 12 ! 2$7 62 23' �1$ r BdMant 61i �'' 241 i 70 26 1 20 ¢ 74 27 Bdroant lAinar345 f W 7 yp 76 365 a.p7 $ 82 Pyr 9� 30 `1, I1�I � 86 5� ✓� 31� + 99 �F. fy 33 747 ^•=35 Location map: 247 Glasgow Street The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1 and `Low Rise Residential Three Zone (RES -3)' in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is to permit the construction of an addition to an existing single detached dwelling with a side yard setback abutting a street 3.68 metres instead of the minimum required 4.5 metres. The proposed addition will align with the existing 3.68 metre setback of existing the single detached dwelling. Page 228 of 276 MARINA ROPJP IESTABLI3HED BY REGISTERED PLAN 3R jA.12 WIDE) r__.__—_ 1 I I I --------`------- I I I I I I I L____-- I I I I q�.lrcxrnlu>amr. our.a, Iv I` IL YIDn IOBIRNll4! -1IT1YW a% 1Y f 1F -f PR(WEA1Y r Rry SY -[RIVEWAY D NEW CCATARKINGEm5____n .- _- - - - ` ___- - ___ - - - -___- - - - - -__-- -_-_________1 I � I f %'i13 I O.IiP _ i5 �k ________.I t��tr I ry i i 3' I 4 i® I PIBSP y .: AMT � ppI SINGIE FAMILY i - EIRSTING DWEWNG I [mairtnrx 36]GLASGAW s e,c I w�'" I d - ---- f. � I � , I assn N - y.xez I I 0 I I ------------- dA ff r. 8- �__—_ _-- s. PRWERTN LAZE 43814'40IN 39.70 Proposed site plan for the addition to the existing single detached dwelling. F --T ,_,I Existing single detached dwelling at 247 Glasgow Street. Page 229 of 276 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City of Kitchener's Official Plan. The intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a single detached residential dwelling. The proposed construction of 2 storey addition and an attached carport is an appropriate use on residential properties and will be in line and compatible with the existing dwelling. Therefore, planning staff is of the opinion that the requested variance is appropriate and meets the general intent of the City's Official Plan. General Intent of the Zoning By-law The intent of the 4.5 metre exterior side yard abutting a street is to ensure that there is a consistent streetscape for dwellings along the exterior lot line frontage. The existing single detached dwelling is setback of 3.68 metres and the proposed addition will have the same setback which maintains a consistent setback. Staff are of the opinion that a 3.68 metre setback from the side lot line will continue to be an appropriate setback and meet the intent of the regulation. Therefore, staff is of the opinion that the reduction in the side yard setback being requested meets the general intent of the zoning by-law. Is the Effects of the Variance Minor? The requested variance to allow the side yard setback abutting a street of 3.68 metres is minor in nature. Staff is of the opinion that the requested reduction in setback will allow for the addition to the existing single detached dwelling that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. The deficiency of 0.8 metres (2.7 feet) will not be discernible and appropriate access will continue to be accommodated. Is the Variance Desirable For The Appropriate Development or Use of the Land? The variance is desirable and appropriate for the development and use of the land as it will allow an addition that will be in line with and setback the same distance from the street line as the existing dwelling. The request variance is not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the additional and carport is compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. Environmental Planning Comments: Environmental Planning Staff have no concerns. Heritage Planning Comments: Heritage Planning Staff have no concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit application for the addition to a single detached dwelling is obtained prior to construction. Please contact the Building Division at buildings-kitchener.ca with any questions. Engineering Division Comments: Engineering staff have no concerns. Page 230 of 276 Transportation Planning Comments: Transportation Planning staff have no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and Zoning By-law 2019-051 Page 231 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 232 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 233 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 234 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 235 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-357 SUBJECT: Minor Variance Application A 2022-097 — 296 Highland Road East RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-097 for 296 Highland Road East requesting relief from Section 7.2 of Zoning By-law 85-1, to permit a Health Clinic, having a unit gross floor area of 368 square metres, as a permitted use in one of the units in the existing commercial building in accordance with drawings prepared by Lakeland Engineering, dated April 22, 2022, BE APPROVED. Zoning By-law 2019-051 A. That Minor Variance Application A2022-097 for 296 Highland Road East requesting relief from Section 9.2, Table 9-1, Footnote (2), of Zoning By-law 2019-051, to permit a Health clinic to have a maximum gross floor area of 368 square metres in the existing commercial building instead of the maximum permitted 300 square metres, in accordance with drawings prepared by Lakeland Engineering, dated April 22, 2022, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application requesting relief from Section 7.2 of Zoning By-law 85-1, to permit a Health Clinic as a permitted use, and from Section 9.2, Table 9.1 of Zoning By-law 2019-051, to permit a Health Clinic to have a maximum unit gross floor area of 368 square metres rather than the maximum permitted 300 square metres. • The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. • There are no financial implications • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 236 of 276 BACKGROUND: The subject property is located at the intersection of Highland Road East and Mausser Avenue, south of Stirling Avenue South. The surrounding neighbourhood is predominantly comprised of low rise residential uses, as well as supporting commercial and institutional uses. Location Map of Subject Property Photo of Subject Property The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Convenience Commercial Zone (C-1)' in Zoning By-law 85-1 and `Local Commercial Zone (COM -1)' Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is to permit a Health Clinic as a permitted use in the `C-1' zone under Zoning By-law 85-1, and to permit a Health Clinic to have a maximum unit gross floor area of 368 square metres rather than the maximum permitted 300 square metres in the `COM -1' zone under Zoning By-law 2019-051. The applicant intends to open a dentist clinic in a ground floor unit with an administrative office in a separate basement unit. The 3 other existing units are to remain with no changes to the overall floor area of the commercial plaza; the applicant's work is limited to the interior fitting out of the unit. The prohibited use and unit gross floor area were flagged by City Staff during the building permit and Zoning Occupancy Certificate approval process. Planning Staff conducted a site visit on Friday, June 241H REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of the Community Areas designation, as specified in Section 3.C.2.50 of the Official Plan, is to provide both residential uses and supporting non-residential uses to the immediate residential areas, while the Low Rise Residential designation supports a diverse range of low rise housing types in Page 237 of 276 keeping with the low density character of the surrounding neighbourhood. Official Plan policy 15.D.3.14 further maintains that while the use of lands designated Low Rise Residential should predominantly be residential, complementary non-residential land uses may be permitted at an appropriate scale and location subject to Non -Residential Supporting Land Uses Policies 15.D.3.27 through 15.D.3.31 inclusive. Staff note that the use of a Health Clinic is permitted under Section 15.D.3.27 as a non-residential land use that is complementary to and will the serve the needs of the surrounding neighbourhood, facilitating the development of a walkable and complete community. The `C-1' zone in Zoning By-law 85-1 precedes the new Official Plan. The new `COM -1' zone in Zoning By-law 2019-051 implements Policy 15.D.3.27. Further, as the requested variance does not include increasing the overall floor area of the existing building, the low density residential character of the surrounding neighbourhood will not be affected. Staff are of the opinion that the requested minor variances meet the intent of the Official Plan. General Intent of the Zoning By-law Under Zoning By-law 85-1, permitted uses for lands zoned Convenience Commercial (C-1) include convenience retail, financial establishment, gas bar, health office, personal services, and restaurant. The intent of permitting these uses is to ensure that convenience commercial uses within the lands zoned `C-1' are supportive of the needs of residents in the immediate and surrounding communities while maintaining an appropriate level of traffic and activity in local areas. Staff note that permitting the use of a Health Clinic would further support the needs of the adjacent neighbourhoods without generating additional noise, high levels of traffic, or emissions not compatible with nearby residential uses, and would not place additional strain on municipal services, roads, or other uses permitted under the `C-1' zoning. Staff are of the opinion that the use of a Health Clinic would be consistent with the range of uses permitted in the `C-1' zoning, and complementary to the surrounding residential neighbourhood. As noted above, the new `COM -1' zone in Zoning By-law implements the 2014 Official Plan and permits a `health clinic' as a permitted use subject to the floor area limitations. Under Zoning By-law 2019-051, the intent of a maximum unit gross floor area of 300 square metres for lands zoned Local Commercial (COM -1) is to ensure that the use of a commercial unit remains a locally -oriented service that is complementary to and supports the needs of immediate and adjacent communities. An excess of unit gross floor area by 68 square metres is not discernable and will not significantly increase the number of residents the Health Clinic will serve, therefore maintaining the scale and reach of the Health Clinic and its services at a level that is appropriate to the immediate and surrounding residential neighbourhoods. Because the excess unit gross floor area is not visible from the exterior of the building, Staff are of the opinion that the use will be compatible with the surrounding community. Staff are of the opinion that the requested minor variances meet the intent of the Zoning By-laws. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the requested variances are minor as the proposed use of a Health Clinic is appropriately located within a commercial plaza, and will not generate excessive traffic, emissions, or noise that is not compatible with the immediate and surrounding residential neighbourhoods. Additionally, as the approval of a 368 square metre gross unit floor area rather than the maximum 300 square metres is insignificant in proportion to the total commercial plaza floor area, Staff are of the opinion that the proposed use and requested gross floor area will not affect the low density residential and commercial character of the `C-1 /COM -1' zone. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances are appropriate for the use of the land and building as they will facilitate the establishment of a Health Clinic, which will serve the needs of the immediate and surrounding residential neighbourhoods. The requested variances are compatible with the "community -oriented" character of the `COM -1' zone and Low Rise Residential designation and will not create additional Page 238 of 276 pressures on municipal services or adjacent commercial and residential uses. As such, the requested variances are considered desirable in order to facilitate the creation of a Health Clinic and to encourage the creation of a complete and walkable community. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variances. Application has been made for the dental office and is currently under review. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 239 of 276 ATTACHMENTS: Attachment 1: Proposed Site Plan Proposed Site Plan Page 240 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 241 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 242 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 243 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 244 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-343 SUBJECT: Consent Application B2022-039 - 63 Stanley Ave RECOMMENDATION: That Consent Application B2022-039 requesting consent to sever a parcel of land having a lot width of 13.7 metres, a lot depth of 45.5, metres and a lot area of 625 square metres, BE APPROVED subject to the following conditions: 1. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the 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 the City's Supervisor, Site Plans, and registered on title of the severed and rp_Wned lands, which shall include the following: a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed lands, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 245 of 276 b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 5. 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 unserviced. The said agreement shall be to the satisfaction of the Director of Engineering Services and the City Solicitor and shall be registered on title to the severed lands. 6. That the property owner shall: a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to $6,311.20. 8. That, prior to final approval, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a proposed consent application to create a new lot for a single detached dwelling. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located at 63 Stanley Ave. The lot is a double wide lot that contained a singled detached dwelling. The original dwelling has been demolished and a new single detached dwelling is currently under construction on the lands to be retained. All required permits and permissions including Demolition Control, Demolition Permit and a Building Permit have been obtained. The owner is seeking consent to sever a lot for a new single detached dwelling. Page 246 of 276 V82 ��✓0� 5�r �YYY •'� 'ttS 7 5'S 70 al 6 72.'318 3 13 X322 5 'as ki~ sx Z31 �24 78 �48 1 i I� 5k8. s 76`54X 5 5 + k { Image 1 — Location Map — 63 Stanley Ave 58 Image 2 — Photo of 63 Stanley Ave (June 17, 2022) Page 247 of 276 The subject property is identified as `Community Area' on Map 2—Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The lands are also included in the 1980 Bridgeport East Secondary Plan and is designated `Residential Infilling Low Density'. The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1. The purpose of the application is to sever the lot to allow the construction of a new single detached dwelling on the lands to be severed. PAR- OF' LOT 11 REGI'3TEREG PLAN 675 CITY OF K'ITCHENER RCG$,*&L WUNCPAUtT Of WAIEP oa a uaaaes .,� , .4.,UAX a _CT ACT. PtA% G" Image 3 — Severance Sketch REPORT: Planning Comments: J.D.86M ES w In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Page 248 of 276 Planning staff is of the opinion that the proposed application will facilitate a form of gentle intensification of the subject property with the creation of a lot for a future dwelling and is compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and density targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject lands are located within the City's delineated built-up area. The proposed development represents intensification and will contribute towards achieving the City's intensification density targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, and low-rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built form. The maximum net residential density for lands which are designated Low Rise Residential will be 30 units per hectare. The proposed severance is in accordance with this aspect of the plan and maintains the residential land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; Page 249 of 276 b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; C) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The lot widths and lot areas of the proposed severed and retained lands exceed the minimum `R-3' zone lot width and lot area requirements. Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable for the use of the lands and are compatible with the surrounding neighbourhood which is developed with low rise residential uses including single detached dwellings, semi-detached dwellings and low-rise multiple dwellings, having a variety of heights and setbacks, with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available in the right-of-way and must be connected to the severed lands prior to development. There are no natural heritage features that would be impacted by the proposed consent application. The lands are identified as `Residential Infilling Low Density' in the Bridgeport East Community Plan. Policies permit infilling with new single detached dwellings by way of severance on lots having a minimum width of 15.0 metres or 13.5 metres where the placement of existing buildings does not permit 15.0 metres. The dwelling under construction on the lands to be retained fully complies with zoning by-law setback regulations, however is placed so that the creation of a lot having a width of 15.0 metres is not possible. The proposed lot width of 13.7 metres complies with Community Plan policies and zoning by-law regulations and is appropriately sized for the construction of a new single detached dwelling. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan and Bridgeport East Community Plan. Zoning By-law 85-1/2019-051 The subject property is zoned as `Residential Three Zone (R-3)' in Zoning By-law 85-1, which primarily permits single detached and duplex dwellings. The `R-3' zone requires a minimum lot width of 13.7 metres and a lot area of 411 m2 for a single detached or duplex dwelling. Both the lands to be severed and lands to be retained comply with zoning by-law regulations. The dwelling under construction on the lands to be retained will comply with the setback regulations for the new lot, and staff is satisfied that the lands to be severed are appropriately sized to permit the construction of a new dwelling. At this time the applicant does not have an intended purchaser for the severed lands and therefore building plans and elevations are not available. However, like for the construction of any single detached dwelling, the building envelope and future setbacks are controlled by the zoning by-law and will result in a low-rise building that will be compatible with the existing mix of low rise dwellings in this neighbourhood. Staff note that there is an existing hydro pole in front of the lands to be severed. The location of any future driveway will need to consider the hydro pole. Page 250 of 276 Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. The future use of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, and is good planning and in the public interest. Environmental Planning Comments: Given the treed nature of the lands to be severed, an agreement should be registered on the severed lands requiring the owner to submit, obtain approval of, and implement a Tree Preservation/ Enhancement Plan prior to demo, grading, building permit etc. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the existing building(s) adjacent to this new property line shall addresses such items as: spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: That the Owner shall enter into an agreement 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 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. Parks/Operations Division Comments: Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $6,311.20. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (13.72m) at a land value of $9,200 per frontage meter. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Page 251 of 276 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 85-1 Page 252 of 276 N, r Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax:519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/22 KIT June 30, 2022 Re: Comments for Consent Applications B2022-039, B2022-040, and B2022-041 Committee of Adjustment Hearing July 19, 2022 CITY OF KITCHENER B2022-039 63 Stanley Avenue SSB Developments Ltd (Owners) The owner/applicant is proposing to sever the existing lot into two lots and create a duplex on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4111881 Page 253 of 276 B2022-040 and B2022-041 452 and 456 Prospect Avenue William Wirts (Owner) / Jeremy Krygsman (Agent) The owner/applicant is proposing to sever the rear yards of both 452 and 456 Prospect Avenue to create a new lot fronting on Broadview Avenue for the future construction of a single detached home. My understanding is that the existing dwellings on the lands to be retained will remain as is. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application ($350.00 x 2 applications = $700.00) prior to final approval of the consent. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbelKabregion ofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. Document Number: 4111881 Page 254 of 276 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 4111881 Page 255 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 256 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 257 of 276 Connie Owen From: Hall, Charleyne <charleyne.hall@bell.ca> Sent: June 24, 2022 3:53 PM To: Committee of Adjustment (SM) Subject: [EXTERNAL] Consent Application Comments - Bell Canada Good afternoon, Bell Canada has no concerns with the following Applications for Consent: 519-22-468 63 Stanley Avenue B2022-039 519-22-469 452 & 456 Prospect Avenue B2022-040, B2022-041 Thank you, Charleyne (she/her)DO Right of Way & Indigenous Relations Associate 140 Bayfield Street, Floor 2, Barrie ON L4M 3131 T: 705-722-2264 Toll Free: 1-888-646-4817 Recognizing traditional territory of Haudenosaunee and Anishnaabeg Peoples; part of the Upper Canada Treaties. Page 258 of 276 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-345 SUBJECT: Consent Application B2022-040 - 452 Prospect Avenue Consent Application B2022-041 - 456 Prospect Avenue Owners: William Wirtz (452 Prospect Avenue) William Wirtz & Megan Wirtz (456 Prospect Avenue) Agent: Jeremy Krygsman RECOMMENDATIONS: A. That Consent Application B2022-040 (452 Prospect Avenue) requesting consent to sever a parcel of land with an approximate lot width of 25.2 metres, a lot depth of 12.3 metres, and a lot area of 309.7 square metres, to be conveyed as a lot addition to the adjacent property at 456 Prospect Avenue, BE APPROVED subject to the following conditions: 1. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. That the property owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 259 of 276 the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That, prior to final approval, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 7. That prior to final approval, the owner/applicant must submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo B. That Consent Application B2022-041 (456 Prospect Avenue) requesting consent to create a new lot (Parcels 2 and 4 on the severance sketch) with a lot width of 25.2 metres, a lot depth of 24.4 metres, and a lot area of 617 square metres, BE APPROVED subject to the following conditions: 1. That Consent Application B2022-040 be approved. 2. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 4. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. 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 the City's Supervisor, Site Plans, and registered on title of the severed and retained lands, which shall include the following: a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed and retained lands, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 6. 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: Page 260 of 276 a) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following: i) That the owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City's Tree Management Policy, demonstrating protection and preservation of the City -owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City's Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks and Cemeteries. ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Director Parks and Cemeteries. iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation 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) That 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/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks and Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks and Cemeteries. ii) That the property owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks and Cemeteries. OR c) Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks and Cemeteries. 7. That the property owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to $$11,592.00 of the value of the lands to be severed. 8. That the property owner shall: a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the [severed or retained] parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to Page 261 of 276 the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations 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. 9. That the property owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the property owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 11. That the property owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 12. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 13. That the property owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need 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 City's Director of Engineering Services. 14. That, prior to final approval, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 15. That prior to final approval, the owner/applicant must submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report will allow 452 Prospect Avenue to sever a portion of the subject lands rear yard and add the severed portion to through a lot addition to 456 Prospect Avenue then simultaneously sever the rear yard of 456 Prospect Avenue, including the added portion, to create a new lot fronting on Broadview Ave. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject properties are located as the intersection of Broadview Avenue and Weber Street East in the Stanley Park Planning Community. Page 262 of 276 F'fnsper_IF'Ofl. 35 14 145 Isl4 2 1 Boo 4 5 132 _k4!3 IV } 7 42 30 ap 1s3 syuhq� QR p 2fi f }�/ C � 12`1 .3& 45 .14 3110 Subject Properties, �?T 125 341 34 30 3M 4(f21i1 g 6 )5 410 122 414 4 140 24 Ppo A j7 pfic�gl-u4 426 _ 432 4.31; 442 117 441' 4.4e 12' .4 tit I �4 451;"zz, 11a 4�L �w J/ 47ri I I ti 441 ft ro-` 47 471, -. 112 1 1 7 486 . .,. 4XI � 1021 491; Subject Properties at 452 and 456 Prospect Avenue. The subject properties are identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1 and zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051, which is currently under appeal. The applicant applied for minor variances and consent applications in 2019. (452 Prospect Avenue — Applications: B2019-030 & A2019-064 and 456 Prospect Avenue — Applications: B2019-031 & A2019-065). The minor variances were approved by the Committee of adjustment which recognized existing lot widths, building setbacks, and parking Iocations.The 2019 Consent applications have since lapsed, and the applicant is reapplying for the consent applications. The purpose of the applications is to sever the rear portion 452 Prospect Avenue, convey this portion to 456 Prospect Avenue as a lot addition to create a new flag shaped lot, and subsequently sever the flagged shaped lot to create a new lot with frontage on Broadview Avenue to be used for future residential development. The proposal is shown on the severance sketch submitted in support of the applications. The consent applications will result in 452 Prospect Avenue (retained parcel 1 on severance sketch) having a lot width of 12.2 metres, a lot depth of 38.2 metres and lot area of 466 square metres. 456 Prospect Avenue (Retained Parcel 3 on severance sketch) will have a lot width of 12.2 metres, a lot depth of 38.2 metres and lot area of 466 square metres. While the severed lot (Severed parcels 2 and 4 on the severance sketch) will have a lot frontage of 25.2 metres, a lot depth of 24.4 metres and an area of 617 square metres, The proposal is illustrated below. Page 263 of 276 Proposed new lot fronting Broadview Avenue Existing 452-456 Prospect Ave. Proposed new lot fronting Broadview Ave. REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as Page 264 of 276 accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed applications will facilitate a form of gentle intensification with the creation of a new lot and future residential dwelling that is compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in closer proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject lands are located within the City's delineated built up area. The proposed development represents intensification and will contribute towards achieving the City's intensification density targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. Official Plan The subject lands are designated `Low Rise Residential' (Map 3) in the 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low- rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built form. The maximum net residential density for lands which are designated Low Rise Residential will be 30 units per hectare. The proposed severances are in accord with this aspect of the plan and maintains the residential land use designation. Page 265 of 276 Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: 17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; C) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot width and lot areas of the proposed severed lot (with lot addition) will comply with the `R-3' zone of Zoning By-law 85-1 and the `RES -2' zone of Zoning By-law 2019-051. The resulting lot widths of the retained properties at 452 and 456 Prospect Avenue were approved through Minor Variance Applications 2019-064 and 2019-065. Planning staff is of the opinion that the size, dimension and shape of the proposed lot is suitable for the use of the lands and compatible with the surrounding neighbourhood which is developed with single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan. Zoning By-laws The properties are zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1 and zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051. Both the `R-3' zone of Zoning By-law 85-1 and the `RES -2' zone of Zoning By-law 2019-051 require a 13.7 metre lot width and 411 square metres of lot area. The proposed severed lot will exceed the minimum required lot area and lot width. The existing lot widths and resulting lot areas of the retained properties at 452 and 456 Prospect Avenue were approved through Minor Variance Applications 2019-064 and 2019-065. Planning Conclusions With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is Page 266 of 276 consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: The City's standard tree protection condition is required as a condition of approval, for both the severed and retained lands. A Tree Preservation/Enhancement Plan is required for the severed and retained lands in accordance with the City's Tree Management Policy, which must be submitted and approved before any building permit is issued. Heritage Planning Comments: Heritage Planning staff have no concerns. Building Division Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the existing building(s) adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Jason Brule (mason. brule(o-)-kitchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Division Comments: Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,592.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (25.22m) at a land value of $9,200 per frontage meter. There are City -owned trees along Broadview Ave that will be impacted by the proposed development and the owner shall fulfill one of the following three requirements: Page 267 of 276 W Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City -owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City's Director Parks & Cemeteries. c. The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. 2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Street Tree Planting Plan that shows the replacement of the City -owned tree to be removed with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks & Cemeteries. 3. Make arrangements regarding financial compensation for the tree(s) to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 268 of 276 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • 452 Prospect Avenue — Applications: B2019-030 and A2019-064 • 456 Prospect Avenue — Applications: B2019-031 and A2019-065 • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Attachments • Attachment A- Severance Sketch Page 269 of 276 n o �/� omm r.n m V J z<< CN a c f I 12.192 -2.95 m 52m m{ woz a m u �� c Il_I J J e,n 1.07 y D� I i 0 8 = o= 5 0 o cl n z= W PROSPECT 20.12 µ70E BY PLAN 307 A VENUE N 28 ArD ozna �Z0 I �o oFo " mZ f*1 m X0 11 0 oN z � n � N � m> AN66'48'50"W / 24 384 z O l� 1 zT.c m- a m �T r�D ro a a m N, z m-� { ti 8" C D /\ �V 2.9 � 1 mr7. ti nM. �� Z;uz o =zm �2 �n a.1 1.2 v Z a Ri -.. a U Ams m�� Z OO O r i� .T7N 8 a O oK-Z a O= rm 'm Imm O? pcn D 5mr T T T�^Z zv) Kc ~ zm� Z PC N r2� IQQQ�VVyJ ZG rlaf cm DZ y5u�i oIz l_ D���{ =N \ °� W W O O =fTl Z N{a so oa N OA z m cy Rl z a V ;Ju�� �� my fr1 � Z e9 _rn ow oN- mio0 o N� m ioa .F- oo 0.8 O m� EEs�s�'8 m D O W � N mcm�5 3 rm A _ 0o c4 - N M�A CA II �%� m W D- m D m D Z CN m -N= Ano �� no v x O No m o r � �Q 3m zmm OoA� 2Z cNZc (/) o ANm ���� z ITI 0 3 N N � v N �� c Z mQmm (Nn v zam n m U) y J D , 0 CNll > z ( I n c) N 3 J� °O N L O ° z 0 ZNO vozm� O00 or {No Z Z (Z/1 O 2O 2 O c to O � cpm N� Oo 0 0 011 `OU CA 1 12.257 oam oma m o _ D D O D r D' p N 00 24 Nor mN� �� Norm m O I\ /I A > n{� �Z�ooO Z�m 0p c m n(� mm Zam m 1 D n mnz9 n nao�70 II m�0 F Z x D m F§ ~ D c D Inv ammo w W 6.0Im {p �� D r m �< rmT r D m m Z { (/� min z { �n uai Z N w N � � C\ � / IfTI D n ].lz�J`Q c 3] z oT c N n� � M -moo m m is X� W ^� O� m ?a`� `z^ a q� °d �� in m � a ��a > ,v° �o wz I �m nO0V1p� Anl N n g� I A j3° mo {rmz mz"' m N 11 \ \ I�mz co�� lao 1 D o f O Z OZ m a O w N No oma I A �� \ I D = 4 z.� n 3 fTl (�7�'� N�i / 10.951 I / 3s'-�1'J m v I I / \ m D A N D A i nn D > m m I/ nm z Mn I/ �12299 1.192 N a 2 3° A m a (WD rH BY PLAN 1386) 22.1± OC 117.6 (µ101H BY PLAN 1386) y C �O �a �^ T\ r 1 ao mx - mai � - --=oo o� N N�n� o�=-z�z z,i O ti z m A N Z Z n Z_ O zmmm �maa c%ii m r Z 0 0 m� I � � N p n co c �Nz oN N m� D D ~ o � Z m 3 r3� Om v n ���a mmAm m "Mm ti3 3 2 N m N Mm�0 v �0 3mvv Z� �r v z 3 FN�� r$� z��n m �D o �Fe o Z ti x� zAm c� 0 O M 73° a9 V rnmN rn � D to m J N n -M � ^ .Zl — FF NMZ ti a ------------------- N66 39 00 W A — -- — r A N 6 0 T =_� I m o m PLAN �MI= 1386" v I Page 270 of 276 12.192 I 12.192 -2.95 Il_I J J e,n 1.07 � N 28 oFo " 2.9 � 1 a.1 1.2 v Z a Ri - � w zip Z PC N W V =N \ °� W W O O =fTl �� � Rl �� my fr1 � Z e9 _rn ow oN- mio0 o N� m ioa 0.8 O m� EEs�s�'8 c� c W � N mcm�5 3 rm A _ II �%� NZ No m o r � �Q 3m 0 3 N N � v Page 270 of 276 12.192 I 12.192 -2.95 Il_I J J e,n 1.07 � N 28 oFo " 2.9 � 1 a.1 1.2 v Z a Ri - � w zip Z PC N W V =N \ °� W W O O �� � Rl a 28 0.8 O ° � c� c W ZAX mZ m� V V DmD� DO mW��rn�IAI'IO II �%� NZ Pm UTI � �Q 3m Zr N 0.6 a.� v 3 J� °O N L O ° z O 2O 2 O c to O � 1 12.257 24 I\ /I �UImp '<oIZ� nao�70 II m�0 Inv ammo w W 6.0Im ��rf*1co NmN�N w N � � C\ � / IfTI is X� W ^� O� �I p �o wz I �m nO0V1p� N 11 \ \ I�mz co�� lao No oma I A �� \ I 3 fTl (�7�'� N�i / 10.951 I / 3s'-�1'J \ \ I I / \ 7.5 I/ I/ �12299 1.192 Page 270 of 276 N, r Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax:519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/22 KIT June 30, 2022 Re: Comments for Consent Applications B2022-039, B2022-040, and B2022-041 Committee of Adjustment Hearing July 19, 2022 CITY OF KITCHENER B2022-039 63 Stanley Avenue SSB Developments Ltd (Owners) The owner/applicant is proposing to sever the existing lot into two lots and create a duplex on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4111881 Page 271 of 276 B2022-040 and B2022-041 452 and 456 Prospect Avenue William Wirts (Owner) / Jeremy Krygsman (Agent) The owner/applicant is proposing to sever the rear yards of both 452 and 456 Prospect Avenue to create a new lot fronting on Broadview Avenue for the future construction of a single detached home. My understanding is that the existing dwellings on the lands to be retained will remain as is. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application ($350.00 x 2 applications = $700.00) prior to final approval of the consent. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbelKabregion ofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. Document Number: 4111881 Page 272 of 276 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 4111881 Page 273 of 276 July 4, 2022 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 274 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, )—'ea� cc�W-- Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 275 of 276 Connie Owen From: Hall, Charleyne <charleyne.hall@bell.ca> Sent: June 24, 2022 3:53 PM To: Committee of Adjustment (SM) Subject: [EXTERNAL] Consent Application Comments - Bell Canada Good afternoon, Bell Canada has no concerns with the following Applications for Consent: 519-22-468 63 Stanley Avenue B2022-039 519-22-469 452 & 456 Prospect Avenue B2022-040, B2022-041 Thank you, Charleyne (she/her)DO Right of Way & Indigenous Relations Associate 140 Bayfield Street, Floor 2, Barrie ON L4M 3131 T: 705-722-2264 Toll Free: 1-888-646-4817 Recognizing traditional territory of Haudenosaunee and Anishnaabeg Peoples; part of the Upper Canada Treaties. Page 276 of 276