HomeMy WebLinkAboutDSD-2022-345 - B 2022-040 and 041 - 452, 456 Prospect AveStaff 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
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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
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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
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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,
�La ccr,� Ga'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