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Home My WebLink AboutCA Agenda - 2022-11-15Committee of Adjustment Agenda Tuesday, November 15, 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, NOVEMBER 15, 2022, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. 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. MINUTES That the regular minutes of the Committee of Adjustment meeting held October 18th, 2022, as circulated to the members, be accepted. 3. UNFINISHED BUSINESS 3.1. A 2022-069 — 92 River Road East, DSD -2022-293 5 Requesting a minor variance to the Zoning By-law to demolish the existing single detached dwelling to construct a 5 -storey apartment building containing 14 units having a northerly yard setback of 3.5m rather than the required 6m; an easterly side yard setback of 1.5m rather than the required 6m; a lot width of 19.6m rather than the minimum required 30m; an off-street parking ratio of 1.14 parking spaces/unit (16 spaces total) rather than the required 1.75 spaces/unit (25 spaces total); and, a Floor Space Ratio (FSR) of 2.1 instead of the maximum permitted 2.0. 4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 4.1. A 2022-129 - 103 Peter Street, DSD -2022-471 17 Requesting a minor variance to the Zoning By-law to permit a minimum westerly interior side yard setback of 0.8m rather than the minimum required 1.2m, to facilitate the construction of a second storey addition onto the existing dwelling. 4.2. A 2022-130 - 252 Mountain Laurel Crescent, DSD -2022-469 31 Requesting a minor variance to the Zoning By-law from Zoning By-law 85-1 to permit a driveway with a maximum width of 6.5m rather than the maximum permitted 5.2m; and, a variance from Zoning By-law 2019-051 to permit a driveway with a maximum width of 6.5m rather than the maximum permitted 4.5m (50% of the lot width), to facilitate the widening of an existing driveway. 4.3. A 2022-131 -1388 Highland Road West, DSD -2022-468 40 Requesting a minor variance to the Zoning By-law from Zoning By-law 85-1 to permit 0.68 parking spaces per dwelling unit, inclusive of visitor parking, rather than the minimum required 1.5 parking spaces per dwelling unit with a minimum of 20% of the required parking allocated for visitor parking; and, a variance from Zoning By-law 2019-051 to permit 0.68 parking spaces per dwelling unit, inclusive of visitor parking, rather than the minimum required 1 parking space per dwelling unit with 0.1 parking spaces per dwelling unit allocated for visitor parking, to facilitate the construction of a 10 storey multiple residential building having 151 dwelling units, 40% of the units are proposed to be affordable housing units. 4.4. A 2022-132 - 85 Byron Avenue, DSD -2022-474 49 Requesting a minor variance to the Zoning By-law from Zoning By-law 85-1 to permit a multiple dwelling having 3 -units, whereas the By-law does not permit a triplex use; to legalize 2 off-street parking spaces between the front facade and front lot line, whereas the By-law does not permit parking between the front facade and the front lot line; and, to legalize parking in tandem whereas the By-law does not permit tandem parking; and, a variance from Zoning By-law 2019-051 to legalize a westerly side yard setback of 0.9m rather than the required 1.2m for an existing side yard condition, to facilitate the conversion of an existing single detached dwelling with 1 additional dwelling unit (attached) into a single detached dwelling with 2 additional dwelling units (attached); and, to permit two of the three required parking spaces to locate on the driveway within 6m of the front lot line, whereas only 1 parking space is permitted within 6m of the front lot line. Page 2 of 82 4.5. A 2022-133 - 130 Weber Street West, DSD -2022-473 63 Requesting a minor variance to the Zoning By-law to permit an increase to the "Maximum Floor Area Devoted to Retail where permitted as an Accessory Use" in the M-2 from 25% to 35% as per the illustration included in the application. 4.6. B 2022-057 - 193 Louisa Street, DSD -2022-470 71 Requesting permission to sever a parcel of land so each half of a semi- detached dwelling can be dealt with separately. The severed land at the corner of Louisa Street and Weber Street will have a width of 13.8m, a depth of 22.6m and an area of 237 sq.m. The retained land will have a width of 7.52m, a depth of 27.94m and an area of 190 sq.m. 5. ADJOURNMENT Page 3 of 82 6. 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 Marilyn Mills at marilyn.mills@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 Ontario Land 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 28th day of October, 2022. Marilyn Mills Secretary -Treasurer Committee of Adjustment Page 4 of 82 Staff Report I K Tc�i irrarR Development Services Department www.kitchener.co 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: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: June 10, 2022 REPORT NO.: DSD -2022-293 SUBJECT: Minor Variance Application A2022-069 92 River Road East Owner: Urbe Developments Inc. Agent: Dave Galbraith, IBI Group RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-069 for 92 River Road East requesting relief from: 1. Section 42.2.1 of Zoning By-law 85-1, to permit a Floor Space Ratio of 2.1 instead of the maximum permitted Floor Space Ratio of 2.0; 2. Section 42.2.6 c) of Zoning By-law 85-1, to permit a side yard setback (right) of 1.5 metres, and side yard setback (left) of 3.5 metres, instead of the minimum required 6.0 metre side yard setback for buildings that exceed 10.5 metres in height; and 3. Section 6.1.2 a) of Zoning By-law 85-1, to permit a parking requirement of 1.14 parking spaces per dwelling unit (16 parking spaces in total), instead of the minimum required 1.75 parking spaces per dwelling unit (25 parking spaces in total); to facilitate the development of a 5 -storey residential building having 14 dwelling units in accordance with Site Plan Application SP22/040/R/TS, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-069 for 92 River Road East requesting relief from: Section 7.3, Table 7-6, of Zoning By-law 2019-051: to permit a Floor Space Ratio of 2.1 metres instead of the maximum permitted Floor Space Ratio of 2.0; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 5 of 82 ii. to permit a lot width of 19.6 metres instead of the minimum required lot width of 30 metres; iii. to permit a side yard setback (right) of 1.5 metres, and a side yard setback (left) of 3.5 metres, instead of the minimum required side yard setback of 4.5 metres. 2. Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit a parking requirement of 1.14 parking spaces per dwelling unit (16 parking spaces) instead of the minimum requirement of 1.15 parking spaces per dwelling unit (17 parking spaces) to facilitate the development of a 5 -storey residential building having 14 dwelling units in accordance with Site Plan Application SP22/040/R/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 a 5 -storey residential building having 14 dwelling units on the property, municipally addressed as 92 River Road East, which is currently being reviewed as part of Site Plan Application SP22/040/R/TS. There are no financial implications. This report supports the delivery of core services. BACKGROUND: Location Map — 92 River Road East Page 6 of 82 Front view of subject property The subject property is located at 92 River Road, in close proximity to the intersection of Frederick Street and River Road East. The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Medium Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Eight Zone (R-8)' in Zoning By-law 85-1, and `RES -6' in Zoning By-law 2019-051, which is currently under appeal. The applicant is proposing to construct a 5 -storey multiple dwelling, having 14 dwelling units, that cannot meet the requirements of Section 42.2.1, and 42.2.6 of Zoning By-law 85-1. The applicant is requesting relief for following: a) A Floor Space Ratio (FSR) of 2.1, whereas a maximum FSR of 2.0 is permitted; b) A side yard setback (right) of 1.5 metres, and a side yard setback (left) of 3.5 metres instead of the required 6.0 metres. Further relief is being requested from Section 6.1.2a) of the Zoning By-law to permit a multiple dwelling to have a parking requirement of 1.14 spaces per dwelling unit, whereas a parking requirement of 1.75 spaces per dwelling unit is required. The applicant is also requesting relief from Zoning By-law 2019-051 for the following: a) A Floor Space Ratio (FSR) of 2.1, whereas a maximum FSR of 2.0 is permitted; b) A side yard setback (right) of 1.5 metres, and a side yard setback (left) of 3.5 metres instead of the required 4.5 metres; c) A lot width of 19.6 metres instead of the minimum lot width required of 30 metres. Further relief is being requested from Section 5.6, Table 5.2, of Zoning By-law 2019-051 to permit a multiple dwelling to have a parking requirement of 1.14 spaces per dwelling unit, whereas a parking requirement of 1.15 spaces per dwelling unit is required. Page 7 of 82 The applicant is in the process of obtaining site plan approval in principle (Site Plan Application SP22/040/R/TS) for the proposed multiple dwelling. ITIORLY A.PWirnaw::nnx Lac Or 64WN uw¢d M OW flflfY Ddi ��unoa li Po r Lm W7KM.,,,,,,.pm. E ; M Im MM°dlltll F°ILCaClIIhMlli IF'ROM, .a-Q"I"IQN 61 .2(1 WHICH STATES "NRNP' OFT— k;VREU F"AFT'K"40 RATIO IS F.'J.i Sr'P,'J,,'5 FIE:R UNI r; M'4EY"RI;.AS IJ4, ",.,PM;E'F.;.SPi'R UNIT IS HE:QCIREE:M REPORT: Planning Comments: RFLVCrFW E'MC:a)UIRED FROM ,Slr,,C'i'E0N 42.2.1 WHICH STATE'°S °I"HL MAXIMUM Pr'M.G'7(; R SPX.,;E RA'VIO 6'1',4:1„ MM'HE;:RE:AS 2,11 JS 'RIF"XPIH"V. D, rtB;4r,^NuaoI "; h".N'4AT nSJLVC.— ....... — rr77',5 5r 7 ADJACENTR� ZONING Proposed Site Plan REUEM f ECIO.Y RE U FROM SI t _HUN q2,2 6(o) WHIV HIArE.S OHt MF11NIIMUIV ;SIDE YARD SE SACK SHAILL BE 6.0 IAE Er4ES" tndfl-kE FM'AS I, 5 BME`EEMlF S IMA RE..Qp,IRFI1) �. 0 rr t Ui REILIEF MYE 4.M1. IRE D FROM 5k::4:;'FbON 42.2.6(,-) M41HIC:H STATES THE V411^ NI YMM SIUE YARD utiAU BE 60 MI TIRE. YYIMEfILAS.' :'r PSE Clip IS 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 Medium Rise Residential in the City's Official Plan, which contains a number of policies related to density in the medium rise residential areas. The Medium Rise Residential land use designation accommodates a full range of medium density housing types including townhouse dwellings in a cluster development, multiple dwellings and special needs housing. The City also encourages and supports the mixing and integrating of innovative and different forms of housing to achieve and maintain a medium rise built form. The permitted Floor space ratio increase is a result of the cantilevered building over the drive aisle. The City includes this space in the FSR calculation, however there is no liveable area and the FSR calculation is closer to 1.7 when eliminating the drive aisle space. Staff is satisfied that the increase in FSR, meets the general intent of the policies of the Official Plan. Staff is also satisfied that the requested variances will maintain the medium density character of the property and surrounding neighbourhood. Staff is further satisfied that urban design considerations will be addressed to ensure the development is compatible. Page 8 of 82 General Intent of the Zoning By-law The R-8 zone permits a range of housing types, and the intent of the 2.0 FSR maximum allowance is to ensure development occurs at a scale which is compatible with other medium -rise housing forms within the neighbourhood. As noted previously the City includes cantilevered drive aisle space within the FSR calculation, but the area is not used for liveable area. When eliminating the ground floor drive aisle space, the FSR calculation is closer to 1.7, which is under the maximum of 2.0. As such, staff is satisfied the requested variance to increase the maximum FSR from 2.0 to 2.1 meets the general intent of both Zoning By-laws. The intent of the side yard setbacks is to ensure adequate separation from adjacent properties and reduce the impact by providing adequate landscaping and buffering around the property. Zoning By- law 2019-051 proposed the minimum setback of 4.5 metres be provided, and the proposed side yard setback (left) is slightly smaller at 3.5 metres. The smaller of the setbacks is adjacent to a drive aisle on the neighbouring property and the 1.5 metre setback will still provide adequate space for increased landscaping. The intent of the lot width regulation in Zoning By-law 2019-051 is to ensure that properties with higher RES zoning designations can sustain larger developments at a scale appropriate to the neighbourhood. It is noted that the By-law 85-1 has a minimum lot width requirement of 15 metres which the property currently exceeds at 19.6 metres. The general intent of the zoning is maintained through this variance for the side yard setbacks and lot width reduction. The intent of the 1.75 parking spaces per dwelling unit parking requirement is to ensure that there is adequate parking spaces available for the residents and for visitors to the property. The reduction to 1.14 parking spaces per dwelling unit aligns with the future direction for parking requirements in the City's new Zoning By-law 2019-051(1.15 spaces per unit). Furthermore, alternative transportation options are provided on site, as the property is located adjacent to an existing GRT bus stop. Adequate bicycle parking will also be provided in the new development. Staff is of the opinion that the reduction in parking meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the reduced side yards, reduced parking rate and increased FSR will not present any significant impacts to adjacent properties or the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are appropriate for the development and use of the land as the proposed multiple dwelling use is a permitted use in both Zoning By-laws. The scale, massing and height of the proposed multiple dwelling will not negatively impact the existing character of the subject property or surrounding neighbourhood. Environmental Planning Comments: No natural heritage concerns. Tree management will be addressed through the Site Plan application. Heritage Planning Comments: Heritage Planning has no concerns with this application. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the apartment building is obtained prior to construction. Please contact the Building Division at buildinpkitchener.ca with any questions. Page 9 of 82 Engineering Division Comments: The Engineering Division has no concerns with this application. Parks/Operations Division Comments: The Parks/Operations Division has no concerns with this application. Transportation Planning Comments: After reviewing the Parking Justification Brief submitted on January 6, 2022, by IBI Group as part of their Site Plan Review Committee meeting held in April 2022, Transportation Services offered the following comments. The applicant is proposing to construct a 5 -storey residential apartment building containing 14 units with a parking supply of 16 spaces. The current zoning by-law requires 25 parking spaces, which equates to a nine parking space shortfall or a 36% parking reduction. The future zoning by-law parking would require 1.15 parking spaces per unit, where the applicant is proposing a parking rate of 1.14 space per unit, which is reasonable and consistent with the future zoning by-law parking rate. Visitor parking will be provided on-site and represent 2 (12.5%) parking spaces. There will also be 7 Class A secure bicycle parking spaces provided. The Parking Justification Brief notes two existing Grand River Transit (GRT) routes. First, Xpress Route 204 located less than 250m from the site and GRT Route 20, located less than 100m from the site. Route 204 has AM and PM peak hour headways of 15 minutes and Route 20 has 30 minute headways in the peak hours. In addition to the existing GRT routes, it should be noted that the site is located near a number of existing and planned cycling/active transportation routes in the area (Victoria Street North, River Road). These active transportation connections (GRT and cycling) will support the viability of active forms of transportation to and from the site and will support the reduced parking rate proposed. Therefore, based on the analysis and recommendations within I BI's report, Transportation Services can support the proposed parking rate of 1.14 spaces per 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. Page 10 of 82 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 11 of 82 May 30, 2022 Sarah Goldrup PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (2) / 04 URBAN/ 83 ELMSDALE DRIVE NOVACORE DEVELOPMENTS INCORPORATED (12) / 06 BENTON/ 17 BENTON STREET HANS HAUS Subject: Committee of Adjustment Meeting June 21, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 060 — 1680 Victoria Street North — No Concerns. 2) A 2022 - 061 — 15 Palace Street — No Concerns. 3) A 2022 - 062 —619 Stirling Avenue South — No Concerns. 4) A 2022 - 063 — 145 Byron Avenue — No Concerns. 5) A 2022 - 064 — 79 Stanley Avenue — No Concerns. 6) A 2022 - 065 — 5-305 Briarmeadow Drive — No Concerns. 7) A 2022 - 066 — 10 Castlebay Street — No Concerns. 8) A 2022 - 067 — 58 Brubacher Street — No Concerns. 9) A 2022 - 068 — 49 Queen Street North — No Concerns. 10) A 2022 - 069 — 92 River Road East — No Concerns. 12) A 2022 - 071 — 17 Benton Street — 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 Document Number: 4088953 Page 1 of 2 Page 12 of 82 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 2 Page 13 of 82 A wu Admrfls rado n Ceir tire: 400 Clyde Coad, R0. /29 C ar [nldce, C::31U IU'I R .'M6 Phoir"IIe-I 19 451"I-1/01 1CoH fireerr8,(50 UUU-4/22 Faxr ` '19 2 1 - 48,4 4 ww w, g r a r i d r veirca June 3, 2022 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 'con rove -gra ndriver.ca or 519- 621-2763 ext. 2230. M(,rnb(.r of On irin, 01')lariw':)`a 36 C.c)nsc,rvai_iw'.)ii A(..i l'nri(ies I I)c, C,i`ancl A Cdna(-,Iiaii l Ic,ri L a(J(I (3iv( r Page 14 of 82 Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 15 of 82 86 River Road Kitchener ON. June 15, 2022 Re; Committee of adjustment meeting on June 21, 2022 Item A2022-069 - 92 River rd east The property in this application presently has a bungalow rented by a family and is apparently in good condition. We are not opposed to apartments on this portion of River Rd however a 5 story building in this location on a small lot seems excessive. We now have 1, 2, 3 and 6 story houses and apartments on this portion of River Road. All have nice landscaping, green space and adequate parking. The proposed new apartment building will require a major variance of zoning bylaws particularly in regard to the lot size. The bylaw requires a lot width of 30 m and this lot is only 19.6 m. That is short of the requirement by over 40%. The proposal will require the removal of 2 fifty foot tall walnut trees, 2 30 foot pine trees, a 50 foot willow tree and over 60 small cedar trees. No trees will be replaced on the property as the lot will be almost 100% covered by the building, asphalt and fencing. The present property produces almost no stormwater runoff. The proposal will result in almost 100% stormwater runoff. The bylaws require 25 parking spaces for this proposal but the drawings shows only 13 spaces and 2 visitor parking spots. This is again 40% less than required. This proposal requires major variances to the zoning building bylaws and seems to take intensification to a very extreme level. We would respectfully suggest a somewhat smaller building more suited to the lot size be considered for this property. Mr & Mrs Ron Heim el Page 16 of 82 Staff Report I K Tc�i irrarR Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: November 15, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: November 4, 2022 REPORT NO.: DSD -2022-471 SUBJECT: Minor Variance Application A2022-129 - 103 Peter Street RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2022-103 for 103 Peter Street requesting relief from Section 39.2.1 of Zoning By-law 85-1, to permit an interior side yard setback of 0.8 metres instead of the minimum required 1.2 metres to recognize the setback of a third storey addition, currently under construction, to facilitate the conversion of a two storey single detached dwelling to a duplex dwelling, generally in accordance with drawings prepared by Nuovo Engineering Services, dated July 15, 2022, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to recognize the setback of a third storey addition, currently under construction, which will facilitate the conversion of a single detached dwelling to a duplex dwelling. • 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 property is located on the Southeast side of 103 Peter Street and is located near the intersection of Peter Street and Martin Street. The subject property currently contains two-storey single detached house, with a partially constructed third story, and a detached garage. The area is predominately low-rise low-density residential neighbourhood. The subject property is identified as `Low Rise Conservation' on Map 12 — Mill Courtland Secondary Plan and is designated `Major Transit Station Area' on Map 2 — Urban Structure in the City's 2014 Official Plan. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 17 of 82 Location Map of 103 Peter Street (subject property). The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1. A Building permit was issued on July 15, 2022, for a third storey addition to facilitate the conversion of the two-storey single detached dwelling into a duplex dwelling. After building permit issuance it was determined that although the third storey would be maintaining the existing setbacks of the two- storey single detached dwelling, the existing interior side yard setback is deficient. The purpose of the minor variance application is to recognize the existing interior side yard setback to legalize the location of the third storey addition, currently under construction, to facilitate the conversion of the single detached dwelling into a duplex dwelling. Specifically, the variance is as follows: • To permit an interior side yard setback of 0.8 metres instead of the minimum required 1.2 metres. Planning staff conducted a site inspection on October 27, 2022. Page 18 of 82 Front view of 103 Peter Street (subject property). Driveway located at 103 Peter Street (subject property). Page 19 of 82 i M h t'.. U / u ern. I ur,*,,t°,ft oNn,,, b, , W 10, sI t x y r t r SfRer a "I lar ar.., lA r"y..lavv (IvYo-^cil 'li fi,, app,;.Ui11, 0"� YIP'Oenl pBar Inw .?Y pro Il final VV Y I;, hI IY'c A'. It, Ntf h off a0Iw A",".d 'f r+,l 11" n� I Y • t}�n rM vyl 111 Y u.r tara; ire i17Yt nix 1O,kat l .r. .,.4. N CYC r t r , C T F i,11y p Y t Jtt1' .,mt TI 0( r FIJI I Trott'all t FlFiF: Fn .1,1'V" w: 41 k 1111 J -r M, — Ilh t1. Q,rf.�AfJV I1f, IVr vn[nl,. I4M1 b.. Ail P1 P, 7, 1: 1 d f Y Yr hd YM4 <1 L [ IC JI 1 YY YI I f ( 11 h11 r II I> J I Pff TA '. PI f k fbl u� I f I r 1 r td w r r r n, tun m r a i t msn 1 v iad r 1 Rfl Fl A•• x r�nn r rl + 1 �rl �rv� rr F 1 rra R r r r V RIX 1. rr J r 1 If., nm�,Fu., IraaSt anti ri"� Site Plan submitted with application. REPORT: Planning Comments: 1 I F( 4 a f _AI,Pf Il d t ,.d (:rht4 �"-Clt4tiuFrJr'Vt91f �d'ryTYfyf4'� fw4PnWarA9SfwIfPo I a YY,�r °d*arH P rv' �,mmll aI only t y r�9fC, !'WYLVJ wEAS "u1 .acro M�f .SN'tf 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 third storey addition will facilitate a use of the property permitted by the land use designation. 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 requested variance can be considered minor since it is not anticipated to cause unacceptably adverse impacts on adjacent properties. The variance will allow for the continued construction of a third storey on the existing building that will allow a proposed duplex use of the property while not negatively impacting neighbouring lots. Appropriate rear yard and side entrance access continues to be accommodated and the separation to the adjacent dwelling remains sufficient. Page 20 of 82 Is/Are the Effects of the Variance(s) Minor? The deficient side yard of the existing two-storey dwelling is an existing condition and the third storey will be inline with the existing two-storey dwelling and be maintaining the existing condition. The variance will allow for the continued construction of the third story on the existing building that is compatible with the existing residential use of the property and will not negatively impact neighbouring lots. 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 a second residential unit within the third storey addition. It is desirable as it will the permit a gentle form of residential intensification on the subject property. Environmental Planning Comments: No natural heritage or tree management concerns. The applicant is advised to protect the root zone of tree(s) in rear yard through fencing to prevent grade changes or materials storage in root zone. Heritage Planning Comments: There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 103 Peter Street 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. Building Division Comments: The Building Division has no objections to the proposed variance provided revision to the issued building permit is obtained prior to construction. Please contact the Building Division building6-kitchener.ca with any questions. Engineering Division Comments: No comments. GRCA Comments: 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. 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. Page 21 of 82 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 and Drawings submitted with application. Page 22 of 82 Cr sm J'4 a ,'+u v - L, 'n k 00 vam! I Page 23 of 82 er �L J'4 a ,'+u v - L, 'n k 00 vam! I Page 23 of 82 �.rco Page 24 of 82 Page 24 of 82 M � o J.) lowr mil.Zll 0% r4 d pawdoIli LO C)o.qlaww IIUPA..�^ V) 4 7R 7:1 _lD 8 M � o J.) lowr mil.Zll 0% r4 d d pawdoIli C)o.qlaww IIUPA..�^ V) 4 7R 7:1 _lD 8 2 0 0 pm, 0 ILI Ll MaN -ID 1 ,07 "I 0 LL 0 H (D U) d d pawdoIli V) 4 7R 7:1 _lD 8 2 0 0 pm, 0 ILI Page 25 of 82 V) 4 7R 7:1 _lD 8 2 0 0 OL 0 Page 25 of 82 ll�,Nll MhX E") piV,v✓of II.Ky w w L JX n Page 26 of 82 co A ll�,Nll MhX E") piV,v✓of II.Ky w w L JX n Page 26 of 82 m 7 7V ..................... .......................... dui a Ylld.,i, M,e qV dV YxN PW V-610 P� A! m 7 7V ..................... .......................... dui a Ylld.,i, M,e Nil 'Ar V_Q qV dV YxN PW V-610 un Nil 'Ar V_Q qV dV YxN PW V-610 III ,I, Page 27 of 82 dV Baa Pimm FF III ,I, Page 27 of 82 October 31, 2022 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) 06 HIGHLAND, 1388 HIGHLAND ROAD WEST REGION OF WATERLOO (5) 08 WEBER KIT, WEBER STREET WEST AND WELLINGTON STREET NORTH 1361959 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting November 15, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 129 — 103 Peter Street — No Concerns. 2) A 2022 - 130 — 252 Mountain Laurel Crescent — No Concerns. 3) A 2022 - 131 — 1388 Highland Road West — No Concerns. 4) A 2022 — 132 Byron Avenue — No Concerns. 5) A 2022 - 133 — 130 Weber Street West — 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. Document Number: 4213147 Page 1 of 2 Page 28 of 82 Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Page 29 of 82 A wu Admrfls rado n Ceir tire: 400 Clyde Road, R0. /29 C ar [nldce, C::31U IU'I R .'M6 Phoir"IIe-I 195), /01 1CoH fireerr8,(50 UUU-4/22 Faxr ` '19 2 I - 48,4 4 ww w, g r a r udrveir ca October 28, 2022 GRCA File- November 15, 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 — November 15, 2022 Applications for Minor Variance A 2022-129 103 Peter Street A 2022-130 252 Mountain Laurel Crescent A 2022-131 1388 Highland Road West A 2022-132 85 Byron Avenue A 2022-133 130 Weber Street West A 2022-057 193 Louisa Street via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. 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 'con rove -gra ndriver.ca or 519- 621-2763 ext. 2230. Sincerely, C'-� Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority M(,rnb(._r of ('r;rrr ,rrrrirr(k-) i Orr( irin, r('l.)r('a(,nI-hng Unark,)'s 36 C c)nar,ry/aI-k,)n A(..i l nri(iw a I I)c, C,rancl A C rrrracfan I Iori(arr:, f3ivr r Page 30 of 82 Staff Report I K Tc�i irrarR Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: November 15, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: November 4, 2022 REPORT NO.: DSD -2022-469 SUBJECT: Minor Variance Application A2022-130 - 252 Mountain Laurel Crescent RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-130 for 252 Mountain Laurel Crescent requesting relief from Section 6.1.1.1 b) ii) d) and vi) of Zoning By-law 85-1 to permit a driveway to have a maximum width of 6.5 metres instead of the maximum permitted 5.2 metres to recognize the existing concrete driveway and concrete pathways as the permitted driveway, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-130 for 252 Mountain Laurel Crescent requesting relief from Section 5.4, Table 5-2, and e) of Zoning By-law 2019-051 to permit a driveway to have a maximum width of 6.5 metres instead of the maximum permitted 4.6 metres (50% of the lot width) to recognize the existing concrete driveway and concrete pathways as the permitted driveway, 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 requesting relief from Section 6.1.1.1 b) ii) d) and vi) of Zoning By-law 85-1 to permit a driveway to have a maximum width of 6.5 metres instead of the maximum permitted 5.2 metres, and relief from Section 5.4, Table 5-2, and e) of Zoning By-law 2019-051 to permit a driveway to have a maximum width of 6.5 metres instead of the maximum permitted 4.6 metres (50% of the lot width) to recognize the existing concrete driveway and concrete pathways as the permitted driveway. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 31 of 82 • The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the northerly side of Mountain Laurel Crescent, in the Laurentian West neighbourhood. The Laurentian West neighbourhood is predominantly comprised of low rise residential and commercial/retail uses. Location Photo — 252 Mountain Laurel Cres. Page 32 of 82 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), 286R' 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 relief from Section 6.1.1.1 b) ii) d) and vi) of Zoning By-law 85-1 to permit a driveway to have a maximum width of 6.5 metres instead of the maximum permitted 5.2 metres, and relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051 to permit a driveway to have a maximum width of 6.5 metres instead of the maximum permitted 4.6 metres (50% of the lot width) to recognize the existing concrete driveway and concrete pathways as the permitted driveway. The applicant is seeking a variance to permit an increase in the width of a driveway, in order to permit the existing driveway, and the adjacent pathways (for a total width 6.5 metres), to use the existing concrete area, as the legal driveway. The requested width would also legalize the widened driveway apron on the city boulevard being the same width as the driveway on the subject property. The applicant requires the additional width, the adjacent concrete pathways, to accommodate barrier free access on the subject property and to the curb for GRT MobilityPLUS services. 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 `Low Rise Residential' land use designation permits the use of the property for residential use, which includes a driveway to provide access and parking to the dwelling. The City's Official Plan encourages `Universal Design' by encouraging new sites to be designed, existing sites to be redeveloped, the public realm and community infrastructure to be planned to be barrier -free and universal accessibility by all citizens. Staff are of the opinion that the requested variances to have a widened driveway meet the intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum driveway width of 5.2 metres in Zoning By-law 85-1 and 4.6 metres in Zoning By-law 2019-051 is to maintain the streetscape and character of the surrounding neighbourhood and ensure adequate landscaping and soft scaping on the property. Staff note that brushed concrete portion of the driveway leading to the garage, excluding the concrete pathways, is 4.5 metres in width, which is within the zoning regulations of both Zoning By-laws 85-1 and 2019- 051. The applicant would like to be able to consider and use the adjacent concrete pathways as part of the driveway to assist with providing barrier free access on the subject property and to allow access to the street to access GRT MobilityPLUS services. The Zoning By-laws require that the driveway be comprised of a material that is consistent throughout and is distinguishable from other surfacing, including landscaping and walkways. The existing driveway and walkways are comprised of concrete, a consistent material, however the concrete pathways are distinguishable as they are stamped concrete rather than brushed concrete. Page 33 of 82 Staff are of the opinion that the intent of the Zoning By-law will be maintained as the variances will recognize the width of the driveway at the curb while maintaining the appearance of a 4.5 metre concrete driveway which meets zoning regulations. As the current state of the property is comparable to the front yards of other properties in the neighbourhood, Staff are of the opinion that the requested variances meet the intent of the Zoning By-laws. Is/Are the Effects of the Variance(s) Minor? The effects of the requested variances are minor as they are existing conditions that are proposed to be legalized and do not impact the ability of the subject property to function appropriately. Staff note that there are a number of properties along Mountain Laurel Crescent with comparable driveway widths to the subject property (for example: 244 and 260 Mountain Laurel Crescent); legalizing the existing width of the concrete surface would not impact the streetscape of the surrounding neighbourhood or impact the functioning of the subject or adjacent properties Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances are desirable for the appropriate use of the land and building as they would permit both the concrete driveway and pathways to be considered the legal driveway and facilitate barrier free access in the driveway and from the building to the street to access GRT MobilityPLUS services. Environmental Planning Comments: No natural heritage or tree management concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering (Christine Goulet) had provided commentary to Planning concerning the cutting of the curb on June 13, 2022. A curb cut can only be as wide as the driveway plus a 0.4m flare. It does not include walkways adjacent to driveways. Planning Comments The applicant is requesting the minor variances to permit a driveway to have a maximum width of 6.5 metres instead of the maximum permitted 5.2 metres and 4.6 metres to recognize the existing concrete driveway and concrete pathways as the permitted driveway. Parks/Operations Division Comments: No comments. Transportation Planning Comments: The proposed driveway width does not have any impact on any legal on -street parking spaces. Transportation Services can support the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services Page 34 of 82 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 — Survey of Subject Property Page 35 of 82 0 0 1 Q, LAJ < WA a. Ct (DJJ Q° d Cr cc a. UJ CL z < 0 z LJ 9: ........... ... . ...... .. . ................ Z7 10 e O's - ir hrp Xt, I ,. ': t ILL LA- 0 Z C �2! 0 W> z '% -j xw w zx� 10 Is . —0, O"m xf ew I Survey of Subject Property Page 36 of 82 October 31, 2022 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) 06 HIGHLAND, 1388 HIGHLAND ROAD WEST REGION OF WATERLOO (5) 08 WEBER KIT, WEBER STREET WEST AND WELLINGTON STREET NORTH 1361959 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting November 15, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 129 — 103 Peter Street — No Concerns. 2) A 2022 - 130 — 252 Mountain Laurel Crescent — No Concerns. 3) A 2022 - 131 — 1388 Highland Road West — No Concerns. 4) A 2022 — 132 Byron Avenue — No Concerns. 5) A 2022 - 133 — 130 Weber Street West — 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. Document Number: 4213147 Page 1 of 2 Page 37 of 82 Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Page 38 of 82 A wu Admrfls rado n Ceir tire: 400 Clyde Road, R0. /29 C ar [nldce, C::31U IU'I R .'M6 Phoir"IIe-I 195), /01 1CoH fireerr8,(50 UUU-4/22 Faxr ` '19 2 I - 48,4 4 ww w, g r a r udrveir ca October 28, 2022 GRCA File- November 15, 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 — November 15, 2022 Applications for Minor Variance A 2022-129 103 Peter Street A 2022-130 252 Mountain Laurel Crescent A 2022-131 1388 Highland Road West A 2022-132 85 Byron Avenue A 2022-133 130 Weber Street West A 2022-057 193 Louisa Street via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. 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 'con rove -gra ndriver.ca or 519- 621-2763 ext. 2230. Sincerely, C'-� Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority M(,rnb(._r of ('r;rrr ,rrrrirr(k-) i Orr( irin, r('l.)r('a(,nI-hng Unark,)'s 36 C c)nar,ry/aI-k,)n A(..i l nri(iw a I I)c, C,rancl A C rrrracfan I Iori(arr:, f3ivr r Page 39 of 82 Staff Report I K Tc�i irrarR Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: November 15, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: November 4, 2022 REPORT NO.: DSD -2022-468 SUBJECT: Minor Variance Application A2022-131 - 1388 Highland Road West RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-131 for 1388 Highland Road West requesting relief from Section 6.2.1 a) and 6.2.1 b) iv) of Zoning By-law 85-1 to permit a parking requirement of 0.68 spaces per dwelling unit, inclusive of visitor parking, instead of the minimum required 1.5 parking spaces per dwelling unit and minimum of 20% of the required parking to be visitor parking, to facilitate the development of the property with a 10 -storey multiple residential building, having 151 dwelling units, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-131 for 1388 Highland Road West requesting relief from Section 5.6, Table 5-5 of Zoning By-law 2019-051, to permit a parking requirement of 0.68 parking spaces per dwelling unit, inclusive of visitor parking, instead of the minimum required 1 parking space per dwelling unit and 0.1 visitor parking spaces per dwelling unit, to facilitate the development of the property with a 10 -storey multiple residential building, having 151 dwelling units, 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 review minor variances requesting relief from the minimum parking requirements of Zoning By-laws 85-1 and 2019-051 to facilitate the development of the property with a 10 storey multiple residential building. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 40 of 82 • The key finding of this report is that the requested variances meet the four tests of the Planning Act. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the northerly side of Highland Road West, between Ira Needles Boulevard and Westforest Trail. The subject property is located within the Highland West neighbourhood, which is comprised of a mix of low and mid -rise residential, commercial, and institutional uses. Location Map — 1388 Highland Road West The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `High Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Nine Zone (R-9), 7HSR' in Zoning By-law 85-1, and `High Rise Residential Seven Zone (RES -7) (339), (35H), (27H)' in Zoning By-law 2019-051, which is currently under appeal. Page 41 of 82 Photo of subject property The applicant is requesting relief from Section 6.2.1 b) iv) of Zoning By-law 85-1 to permit a parking requirement of 0.68 spaces per dwelling unit, inclusive of visitor parking, instead of the minimum required 1.5 parking spaces per dwelling unit and minimum of 20% of the required parking to be visitor parking, and from Section 5.6, Table 5-5 of Zoning By-law 2019-051, to permit a parking requirement of 0.68 parking spaces per dwelling unit, inclusive of visitor parking, instead of the minimum required 1 parking space per dwelling unit and 0.1 visitor parking spaces per dwelling unit, to facilitate the development of the property with a 10 storey multiple residential building. The development is intended to have 151 dwelling units, 40% of which are proposed to be affordable housing units. The applicant notes that the submitted site plan is `Conceptual Only', prepared by ABA Architects Inc., for the Region of Waterloo, to show how the site could be development for multiple residential use. Staff conducted a site visit on November 3, 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 designated `Community Areas' on Map 2 — Urban Structure and `High Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of this designation is to accommodate high density multiple dwellings to achieve a high intensity of residential use. Policy 13.C.8.2 in the City's Official Plan states that the City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. Page 42 of 82 The applicant has provided a study provided by Paradigm Solutions Ltd. which supports the reduced parking requirement. The requested minor variances, are supported by the Paradigm Solutions Ltd. Study and will facilitate the development of a high rise residential use consistent with the land use designation of the subject property, therefore meeting the intent of the Official Plan. General Intent of the Zoning By-law The intent of a minimum parking and visitor parking requirement is to ensure that the development is able to provide an appropriate number of parking spaces for both residents and visitors to the site. Residents are becoming increasingly less car -dependant and reducing the number of required spaces will allow more units and amenity space to be provided on site. Staff note that the proposed development provides an adequate number of Class A and B bicycle parking spaces and will have direct access to the new multi -use trail along Highland Road West. Staff are of the opinion that the requested minor variances meet the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the requested minor variances are minor in nature. As stated in the site statistics submitted with the minor variance application, 82 Class A and B bicycle parking spaces will be provided on site. Staff also note that the subject property is serviced by GRT bus route 204 at the intersection of Westforest Trail and Highland Road West, which connects to the Boardwalk, Downtown Kitchener, and a number of amenities and services along the route. The reduced number of resident and visitor parking spaces will not impact the functioning of the subject or adjacent properties. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested minor variances are desirable for the appropriate development and use of the land as they will facilitate the development of a 10 -storey, 151 -unit high rise multiple dwelling consistent with the land use designation and compatible with the built form and scale of the surrounding neighbourhood. With 40% of the 151 units proposed to be affordable housing units, the development will further contribute to affordable intensification in this higher density residential neighbourhood. Environmental Planning Comments: No natural heritage or tree management concerns. Heritage Planning Comments: The subject property was reviewed for the Heritage Kitchener Inventory in 2014 and determined to have no cultural heritage value or interest. 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: No comments. Transportation Planning Comments: Transportation Services can support the proposed parking rates for the proposed affordable and market rate housing development based on the study provided by Paradigm Solutions Ltd. Page 43 of 82 Region of Waterloo Comments: No comments. GRCA 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 — Conceptual Site Plan Page 44 of 82 M�S�TE PLAPA (,WjI'TUA Conceptual Site Plan Page 45 of 82 October 31, 2022 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) 06 HIGHLAND, 1388 HIGHLAND ROAD WEST REGION OF WATERLOO (5) 08 WEBER KIT, WEBER STREET WEST AND WELLINGTON STREET NORTH 1361959 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting November 15, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 129 — 103 Peter Street — No Concerns. 2) A 2022 - 130 — 252 Mountain Laurel Crescent — No Concerns. 3) A 2022 - 131 — 1388 Highland Road West — No Concerns. 4) A 2022 — 132 Byron Avenue — No Concerns. 5) A 2022 - 133 — 130 Weber Street West — 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. Document Number: 4213147 Page 1 of 2 Page 46 of 82 Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Page 47 of 82 A wu Admrfls rado n Ceir tire: 400 Clyde Road, R0. /29 C ar [nldce, C::31U IU'I R .'M6 Phoir"IIe-I 195), /01 1CoH fireerr8,(50 UUU-4/22 Faxr ` '19 2 I - 48,4 4 ww w, g r a r udrveir ca October 28, 2022 GRCA File- November 15, 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 — November 15, 2022 Applications for Minor Variance A 2022-129 103 Peter Street A 2022-130 252 Mountain Laurel Crescent A 2022-131 1388 Highland Road West A 2022-132 85 Byron Avenue A 2022-133 130 Weber Street West A 2022-057 193 Louisa Street via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. 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 'con rove -gra ndriver.ca or 519- 621-2763 ext. 2230. Sincerely, C'-� Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority M(,rnb(._r of ('r;rrr ,rrrrirr(k-) i Orr( irin, r('l.)r('a(,nI-hng Unark,)'s 36 C c)nar,ry/aI-k,)n A(..i l nri(iw a I I)c, C,rancl A C rrrracfan I Iori(arr:, f3ivr r Page 48 of 82 Staff Report Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: November 15, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: November 4, 2022 REPORT NO.: DSD -2022-474 SUBJECT: Minor Variance Application A2022-132 - 85 Byron Avenue RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-132 for 85 Byron Avenue requesting relief from: 1) Section 37.1 of Zoning By-law 85-1, to permit a multiple dwelling having 3 dwelling units as a permitted use; 2) Section 4 of Zoning By-law 85-1 to permit two (2) of the required three (3) parking spaces to be in tandem; and 3) Section 6.1.1.1 d) i) of Zoning By-law 85-1 to permit 2 parking spaces between the fagade and the front lot line; in accordance with Site Plan Application SP22/137/B/TZ, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-132 for 85 Byron Avenue requesting relief from: 1) Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit an interior side yard setback of 0.9 metres instead of the minimum required 1.2 metres; and 2) Section 5.3.3 ii) to allow two (2) of the three (3) required parking spaces to locate on the driveway within 6 metres of the front lot line, whereas only one (1) parking space is permitted within 6 metres of the front lot line; in accordance with Site Plan Application SP22/137/B/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 49 of 82 REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the conversion of the duplex dwelling on the subject property into a multiple dwelling having 3 dwelling units (triplex)(single detached dwelling with two (2) attached dwelling units). • 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. Location Map of 85 Byron Avenue (subject property). BACKGROUND: The subject property is located South of Byron Avenue, near the intersection of Byron Avenue and Maywood Road. The subject property currently contains a duplex dwelling and an attached garage. The area is predominately a low-rise low-density 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 minor variances are required to facilitate the conversion of the attached garage into a third attached dwelling unit. Specifically, the variances are as follows: • to permit a multiple dwelling having 3 dwelling units as a permitted use; • to permit two (2) parking spaces between the fagade and the front lot line; • to permit two (2) of the required parking spaces to be in tandem; Page 50 of 82 • to permit an interior side yard setback of 0.9 metres instead of the required 1.2 metres; and • to allow two (2) of the three (3) required parking spaces to locate on the driveway within 6 metres of the front lot line, whereas only one (1) parking space is permitted within 6 metres of the front lot line Site Plan Application SP22/137/B/TZ to facilitate the conversion is currently under review by Planning Staff. Planning staff conducted a site inspection on October 27, 2022. Site visit photo of 85 Byron Avenue (subject property). Page 51 of 82 Site Plan of 85 Byron Avenue (subject property) submitted with application. 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 1 -storey duplex dwelling. The proposed dwelling unit will not change the existing massing, height, or other design characteristics of the property, because it will be established within the existing attached garage. 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 While three (3) dwelling units are not permitted in the `R-3' zone in Zoning By-law 85-1, new Zoning By-law 2019-051, when it comes into effect, will allow properties zoned `RES -2' to have up to three (3) dwelling units on one (1) lot. Page 52 of 82 ... _--.-,_ — - l„IES a^,HAII"JLIIhFNf FEIN^e�E P'RQPE'R LY ILIN I 41 M , I I Eh. a.HIEO IEX 11 ST EIN DUPLE 'HOU E I 1'WNNIT'I ; I MI ,UW2 I S�C.OPE OF WORK � E,M`TR � MA ^" U&d. �Wlllll 'T i 1A.Eh_MEMT EX. 3 T dTR 1p GE LA I IWlpk — CL fK' I ., ..,�-----SAGSAG � E:%. GMEWdAY s �, EX. T sE �- � E CNVEfit[M,INTO =VNIIT a d !A. .% �y'�d . �J'"r ,3W":^�N'' N, r"TA ElpI R:N P'R PE'RTY (LINE 30.48 Ml EX BOARD IFENr'IE'E Site Plan of 85 Byron Avenue (subject property) submitted with application. 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 1 -storey duplex dwelling. The proposed dwelling unit will not change the existing massing, height, or other design characteristics of the property, because it will be established within the existing attached garage. 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 While three (3) dwelling units are not permitted in the `R-3' zone in Zoning By-law 85-1, new Zoning By-law 2019-051, when it comes into effect, will allow properties zoned `RES -2' to have up to three (3) dwelling units on one (1) lot. Page 52 of 82 The conversion of the attached garage will contribute and provide an appropriately sized living space for a third unit, which use of the property will meet the intent of Zoning By-law 2019-051. 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, that parking spaces should not be located between the fagade and the front lot line, and that 2 parking spaces cannot be in tandem, 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 in the front yard, and all three cars fit appropriately in the designated spaces. Many of the properties on the street utilize their driveways to park and accommodate vehicles. The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback, is to ensure an appropriate access to the rear yard, that there is adequate buffering and minimal impacts between buildings, and to provide adequate space for the owner to maintain their property and dwelling. The rear yard is accessible from the other side yard, which is 1.2 metres in width. It should be noted that the principal building and existing side yard setback has existed since the building was constructed. 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 variances can be considered minor since they are not anticipated to cause unacceptably adverse impacts on adjacent properties. A single detached dwelling, with 2 attached dwelling units, is a permitted use in Zoning By-law 2019-051. Both the parking configuration and deficient side yard of the attached garage are existing conditions which have functioned appropriately since the dwelling was constructed in 1957. The parking area or existing driveway will allow each dwelling unit to have a parking space and the 0.3 metre deficiency in the interior side yard is not discernible. 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 variances are desirable for the appropriate development and use of the land as they will recognize the parking configuration in the existing driveway and the location of the attached garage which will enable conversion of the existing duplex dwelling into a multiple dwelling having 3 dwelling units. The variances are also desirable as they will allow a gentle form of residential intensification on the subject property. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the change of use to a triplex. Engineering Division Comments: No comments. Parks/Operations Division Comments: Through SP22/137/B/TZ Parks and Cemeteries advised that there was an existing street tree that should be protected in place throughout all construction. No Tree Protection and Enhancement Plan was required at that application based on the scope of work proposed and is not required now. Page 53 of 82 Transportation Planning Comments: Transportation Services can support the proposed application as the proposed site layout adequately services three (3) parking spaces without impacting the sidewalk. NOTE: If the applicant is seeking to widen the driveway and modify the curbing, they must obtain a curb cut permit that can be initiated by the Planning team. GRCA Comments: 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. Hydro One Comments: We are in receipt of your Application, A2022-132 dated October 25, 2022. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. 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 and drawings submitted with application. Page 54 of 82 Mill 0 W, Al Cl);i ss 00 T avv Oc (—Fww� M.OV,S' Lf i'N ......... Q. I.., APN�J 5lNQ,NiVHl vy 4min y QQ to AP yr cr ) "4 UL C'3 12< LJ 9 Lx i�rmv. i L cn Ll FZ 0 Oo LLI LLL 3 Cy. > If] 9'U' 40 CA- m 0-' < 6 'J Ica im z z Lul Y ai u., 5-' rru < MHA, 0- n Al x UI LLJ > V) < z F p (ld) N Koz.gi.m. V, 01� a, n 7D< 0 z I P 1 V —j n :7 z Uji 0 g Mill 0 W, Al Cl);i ss 00 T avv Oc (—Fww� M.OV,S' Lf i'N ......... Q. I.., APN�J 5lNQ,NiVHl vy wq�l QQ to AP cr ) "4 UL C'3 12< CD a 4y i 0 6 Ll FZ 0 0 C' > If] 40 fx z z ai u., 5-' < OWN �Y- 66 . , 1 (ld) N Koz.gi.m. z I P 1 UMY Uji 0 g p P, p p p p p p p p Q000boo 0 CYCDoc C 00 w� F, N z 6 E I FS ej 66 E EL 6 LAJ ................ Lai Off.9%) –j a ------------ ------------ - ---- — - — - — -- -- Mill 0 W, Al Cl);i ss 00 T avv Oc (—Fww� M.OV,S' Lf i'N ......... Q. I.., APN�J 5lNQ,NiVHl vy Page 55 of 82 wq�l QQ AP cr ) "4 UL C'3 CD <w o -'v I di) Ll 0 > If] 40 OWN �Y- . , 1 (ld) N Koz.gi.m. 1 R ------------ ------------ - ---- — - — - — -- -- (5 6 1 1 0 LLJ "0 10? 001 ..1.01 c v , Od (JO1110M)"M Page 55 of 82 p 4 0 cr Vj try wa, L2 it T v, ij 1w W VZ'.TW 31.II AINU08d Iw 6z 777 '41 uA 110 06 ul oil d 0 .. ................................................... . C6 z `P 4r— W V Z Jt;717-1 7INJ Z w ZO 9 gnNaAv Noaxs Page 56 of 82 October 31, 2022 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) 06 HIGHLAND, 1388 HIGHLAND ROAD WEST REGION OF WATERLOO (5) 08 WEBER KIT, WEBER STREET WEST AND WELLINGTON STREET NORTH 1361959 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting November 15, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 129 — 103 Peter Street — No Concerns. 2) A 2022 - 130 — 252 Mountain Laurel Crescent — No Concerns. 3) A 2022 - 131 — 1388 Highland Road West — No Concerns. 4) A 2022 — 132 Byron Avenue — No Concerns. 5) A 2022 - 133 — 130 Weber Street West — 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. Document Number: 4213147 Page 1 of 2 Page 57 of 82 Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Page 58 of 82 A wu Admrfls rado n Ceir tire: 400 Clyde Road, R0. /29 C ar [nldce, C::31U IU'I R .'M6 Phoir"IIe-I 195), /01 1CoH fireerr8,(50 UUU-4/22 Faxr ` '19 2 I - 48,4 4 ww w, g r a r udrveir ca October 28, 2022 GRCA File- November 15, 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 — November 15, 2022 Applications for Minor Variance A 2022-129 103 Peter Street A 2022-130 252 Mountain Laurel Crescent A 2022-131 1388 Highland Road West A 2022-132 85 Byron Avenue A 2022-133 130 Weber Street West A 2022-057 193 Louisa Street via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. 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 'con rove -gra ndriver.ca or 519- 621-2763 ext. 2230. Sincerely, C'-� Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority M(,rnb(._r of ('r;rrr ,rrrrirr(k-) i Orr( irin, r('l.)r('a(,nI-hng Unark,)'s 36 C c)nar,ry/aI-k,)n A(..i l nri(iw a I I)c, C,rancl A C rrrracfan I Iori(arr:, f3ivr r Page 59 of 82 From: LANDUSEPLANNING To: Committee of Adiustment (SM) Subject: Kitchener +o Byron Ave Azuzz 132 Date: Monday, October 31, zuzzz:z*:zupM Attachments: mamL001 n� Hello, We are in receipt of your Application, A 2022-132 dated October 25, 2022. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: P|easese|ect"Search"and|ucateaddressinquestiunbyenteringtheaddressurbyzuuminginand out ufthe map N: ? �°� //y.�xu~~ MENUmELP SEARCH0 llcl! Customers Affected: 0`5000 5*11'50010 051,500 10r1'50 0=20 0 muun*o ()orew --mwniceAre V1 Montreal~�: r1��_~ �N�u�� ' ��0� ` 0 14 W ~ v 41 f 40 1YpRQ10, Toronto ,� � a=ie=ter ' ~ If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664- g376ure-mail CustomerCommunica ne.com tubeconnected tuyour Local Operations [entre Thank you, Page 60 of 82 Hydro One Networks Inc. 1.85 Clegg Road Markham, ON l L6G 1.87 Email: landuse.olanninar@hvdroone.com From: mail@sf-notifications.com <mail@sf-notifications.com> Sent: Tuesday, October 25, 2022 1:02 PM To: LANDUSEPLANNING <LandUsePlanning@HydroOne.com> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. ** IC rcise caUtbll � lils is an IC ..1 rnaill. IIDO " 0 ..1... open attachirrients or chck hinks Froin UirlIl llMlri senders 011'Unexpected rnaill. *** Clerks II Ihas allured the follder CoIrmirnittee ofAdjustiment Applications with you. Note From Clerks: Please be advised that we are only recirculating the application for A 2022-132 - 85 Byron Avenue for revised parking variances. Please remember, your email address is your username to log in. If you are unable to log in select & quot;Forgot my Password". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA .kitchener.ca Page 61 of 82 Thank you. ShareFile is a toolfor sending, receiving,and orga. your business files online. easy way to send files that are too large o. ',swer!!ac ay Cutirrix Spar ll: aIle 20 This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email Page 62 of 82 Staff Report I K Tc�i irrarR Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: November 15, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Joanne McCallum, Coordinator, Planning & Zoning, 519-741-2200 ext. 7075 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: November 4, 2022 REPORT NO.: DSD -2022-473 SUBJECT: Minor Variance Application A2022-133 - 130 Weber Street West RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2022-133 for 130 Weber Street West requesting relief from Section 20.3.1 of Zoning By-law 85-1 to permit 35 percent of the gross floor area of the permitted `Repair Service' (Cycling Repair Service) to be used for accessory retail instead of the maximum 25 percent, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to permit an increase in the amount of gross floor area that can be used for accessory retail purposes. • The key finding of this report is that the requested minor variance meets the four tests of the Planning Act. • There are no financial implications. • Community engagement included circulation of the application via mail, notification by way of The Record and signage placed on the property. • This report supports the delivery of core services. BACKGROUND: The subject property is located at the northeast corner of Weber St W and Breithaupt St. The subject property is identified as `Urban Growth Centre (Downtown)' on Map 2 — Urban Structure. The property is designated `Urban Growth Centre (Downtown)' on Map 3 — Land Use and designated `Innovation District' on Map 4 — Urban Growth Centre (Downtown) in the City's 2014 Official Plan. The property is zoned `General Industrial Zone (M-2)' in Zoning By-law 85-1. The purpose of the application is to increase the gross floor area for a cycling service and repair business to permit accessory retail uses from a maximum of 25% to a maximum of 35%. *** 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 82 City staff conducted a site visit of the property on October 28th, 2022. Figure 1: Location Map - 130 Weber St W Figure 2: Street view of 130 Weber St W - south elevation Page 64 of 82 Figure 3: Street view of 130 Weber St W - west elevation spxv� 130 Weber St W, Kitchener, ON SI-op-A.&6 7 07, 7,IGda a o 4 Nia. r 42 6, 1 Z x A&Y'vP14"O L]1111' 4 4� Figure 4: Floor Plan showing proposed uses including accessory retail REPORT: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.0, 1990 Chap. P 13, as amended, Planning staff offers the following comments: Page 65 of 82 General Intent of the Official Plan The subject property is designated `Urban Growth Centre (Downtown)' on Map 2 — Urban Structure, `Urban Growth Centre (Downtown)' on Map 3 — Land Use and `Innovation District' on Map 4 — Urban Growth Centre (Downtown) in the City's 2014 Official Plan. The primary uses permitted in the Innovation District include complementary commercial uses which include specific types of retail. Staff is of the opinion that the accessory retail component of the cycling service and repair business would be compatible with the specific types of retail that are permitted in the Innovation District designation of the Official Plan. The minor variance to allow an increase in the gross floor area to be used for accessory retail purposes is consistent with the land use designation and intent of the Official Plan. General Intent of the Zoning By-law Although the subject property is zoned `General Industrial Zone (M-2)', the zoning has not been updated to reflect the `Innovation District' land use designation in the Urban Growth Centre. The intent of the limit on accessory retail use, in the City's `Industrial Employment Areas' is to ensure that the industrial function of the `M-2' zone is maintained. Industrial uses do not incorporate a large amount of retail uses. The gross floor area of the cycling service and repair business will comprise of a repair service, warehouse, office and accessory retail. The increase of accessory retail from 25% to 35% maintains the retail portion of the business as accessory to the rest of the business. Industrial areas require a lower ratio of parking. The subject property has 36 parking spaces on site and has access to an additional 60 spaces at 282 Duke Street West, through an off-site parking agreement, for a total of 96 parking spaces. The cycling service and repair business proposing to operate at this location will require 13 parking spaces which can be accommodated through the available parking. The increase of accessory retail from 25% to 35% demonstrates that retail will remain accessory to the other permitted uses and meet the intent of the Zoning By-law. Is the Effect of the Variance Minor? Staff is of the opinion that the effect of the requested variance is minor as the increased ratio of accessory retail will not negatively impact traffic or parking, and the retail portion of the business will remain accessory to the overall business. Is the Variance Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance is appropriate for the subject property as the business will only draw patrons who are in search of the specific repair service offered by the business. There will not be a significant increase in traffic or parking demands based on the proposed increase in accessory retail. Staff is of the opinion that the variance is appropriate for the subject property, use of the property and compatible with the surrounding uses. Environmental Planning Comments: No natural heritage or tree management issues. Heritage Planning Comments: The subject property is listed as a non -designated property of cultural heritage value or interest on the Municipal Heritage Register. There are no heritage concerns associated with the proposed variance. The property municipally addressed as 130 Weber Street West is also located within the Warehouse District CHL. 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 Page 66 of 82 establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the interior alternation is obtained prior to construction. Please contact the Building Division buildincikitchener.ca with any questions. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Grand River Conservation Authority: GRCA has no objection to the approval of this application. Region of Waterloo 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-law 85-1 Page 67 of 82 October 31, 2022 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) 06 HIGHLAND, 1388 HIGHLAND ROAD WEST REGION OF WATERLOO (5) 08 WEBER KIT, WEBER STREET WEST AND WELLINGTON STREET NORTH 1361959 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting November 15, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 129 — 103 Peter Street — No Concerns. 2) A 2022 - 130 — 252 Mountain Laurel Crescent — No Concerns. 3) A 2022 - 131 — 1388 Highland Road West — No Concerns. 4) A 2022 — 132 Byron Avenue — No Concerns. 5) A 2022 - 133 — 130 Weber Street West — 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. Document Number: 4213147 Page 1 of 2 Page 68 of 82 Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Page 69 of 82 A wu Admrfls rado n Ceir tire: 400 Clyde Road, R0. /29 C ar [nldce, C::31U IU'I R .'M6 Phoir"IIe-I 195), /01 1CoH fireerr8,(50 UUU-4/22 Faxr ` '19 2 I - 48,4 4 ww w, g r a r udrveir ca October 28, 2022 GRCA File- November 15, 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 — November 15, 2022 Applications for Minor Variance A 2022-129 103 Peter Street A 2022-130 252 Mountain Laurel Crescent A 2022-131 1388 Highland Road West A 2022-132 85 Byron Avenue A 2022-133 130 Weber Street West A 2022-057 193 Louisa Street via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. 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 'con rove -gra ndriver.ca or 519- 621-2763 ext. 2230. Sincerely, C'-� Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority M(,rnb(._r of ('r;rrr ,rrrrirr(k-) i Orr( irin, r('l.)r('a(,nI-hng Unark,)'s 36 C c)nar,ry/aI-k,)n A(..i l nri(iw a I I)c, C,rancl A C rrrracfan I Iori(arr:, f3ivr r Page 70 of 82 Staff Report I K Tc�i irrarR Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: November 15, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: November 4, 2022 REPORT NO.: DSD -2022-470 SUBJECT: Consent Application B2022-057 — 193 Louisa Street RECOMMENDATION: That Consent Application B2022-057 requesting consent to sever a parcel of land having a lot width of 13.1 metres, a lot depth of 22.6 metres, and a lot area of 237 square metres BE DEFERRED, until such time as Consent Application B2022-057 is updated to include a request for an Easement for Servicing. BACKGROUND: The subject property is located on the corner of Louisa Street and Weber Street West, in the Mount Hope Huron Park neighbourhood. The neighbourhood is comprised of a mix of low and mid -rise residential uses, and commercial/retail uses. The purpose of the application is to request consent to sever the new semi-detached dwelling, currently under construction, so that each half of the semi-detached dwelling can be dealt with and conveyed separately and independently of one another. To facilitate redevelopment, the existing single -detached dwelling has been demolished. Applications for Consent and Minor Variances (132019-063, A2019-104, A2019-105) were considered by the Committee of Adjustment in September of 2019. Although the applications were approved, the conditions of Consent Application B2019-063 were not fulfilled with the prescribed 2 - year time frame. At the time of report preparation and finalization it was brough to Planning Staff's attention that a Servicing Easement is required. This was not identified in 2019 approval and it was not identified on the most recent submission of Consent Application B2022-057 for the November 2022 meeting. Consequently, this Consent Application will need to be updated to include a request for consideration of a Servicing Easement and the Reference Plan will also need to be updated to show the Easement as a Part on the Draft Reference Plan. The Consent Application will also need to be readvertised at such time as it is ready to be considered by the Committee at a future meeting. Accordingly, Planning Staff are recommending that this application be Deferred. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 71 of 82 Photo of Subject Property Location Map — 193 Louisa Street Page 72 of 82 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 and 2019-051 • 82019-063, A2019-104, A2019-105 ATTACHMENTS: Attachment A — Reference Plan Attachment B — Servicing Easements Plan Page 73 of 82 A A Z If HIM is i fox L4 LI)IL11— -W�J91v 101,�m 00, mm h0" - M-Gg.–N . ................. . (,,q, rvy w Pva d "J'Ar, Wsm,"'TA ,v MM �IVO�M, IVNOV�AA HOW Reference Plan Page 74 of 82 Servicing Easement Plan Page 75 of 82 Region of Waterloo Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Coirnmunity Planning 150 Frederick Street 8th Flow Kitcheiier Ontario N2G 4A Canada Telephc� en 515-575-4405 TOY: 519 515-46DB Fax: 519-575-4466 vvww. i egio nafwate r1 cxt.ca Peter Ellis 519-503-2536 D20-20/22 KIT October 31, 2022 Re: Comments for Consent Application B2022-057 Committee of Adjustment Hearing November 15, 2022 CITY OF KITCHENER B2022-057 193 Louisa Street Mohammad Gohari (Owner) The owner/applicant is proposing to sever the semi-detached dwelling (under construction) into two separate lots. Regional Staff note that this application was previously commented on as Kitchener Consent Application B2019-063 on September 10, 2019. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Access Permit: Regional Staff advise that an Access Permit application, with the required $230.00 fee, will be required for the proposed access onto Weber Street West (RR #08). Applications for the permit are available at the following link - Payment -for -an -Access -Permit Environmental Noise: The proposed development is likely to have impacts from road traffic noise from traffic on Weber Street West (RR #08) and rail noise / vibration from adjoining Region of Waterloo railway line. Document Number- 4209868 Page 76 of 82 Regional Staff acknowledge that based on discussions with the City of Kitchener and CN Railway that all parties are agreeable to waiving the requirement for a detailed noise and vibration study. The owner/applicant may choose to undertake and implement a noise and vibration study, however Regional Staff are recommending that the following noise attenuation measures and warning clauses be implemented through a development agreement with the Region, registered on title, indicating that: 1. The owner agrees that the following noise mitigation measures will be provided in the subject development: a) All exterior walls of the building/dwelling units will be constructed with brick veneer (EW5) or higher acoustical equivalent with STC 54 or higher; b) All building/dwelling units will be installed with windows and doors with STC 37 or higher; and c) All building/dwelling units will be installed with a forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. 2. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building / dwelling units: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Weber Street and Region of Waterloo Railway may occasionally 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. This dwelling 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 Ministry of the Environment, Conservation and Parks (MECP). ii. "Purchasers / tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally 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)." iii. "Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to Document Number: 4209868 Page 77 of 82 or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, an agreement between the owner/applicant and the Region of Waterloo, 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, deeds, and lease/rental agreements: a) The owner agrees that the following noise mitigation measures will be provided in the subject development: All exterior walls of the building/dwelling units will be constructed with brick veneer (EW5) or higher acoustical equivalent with STC 54 or higher; ii. All building/dwelling units will be installed with windows and doors with STC 37 or higher; and iii. All building/dwelling units will be installed with a forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b) The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building / dwelling units: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Weber Street and Region of Waterloo Railway may occasionally 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. This dwelling has been designed with the provision of adding Document Number: 4209868 Page 78 of 82 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 Ministry of the Environment, Conservation and Parks (MECP). "Purchasers / tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally 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). " iii. "Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of- way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 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 Senior Planner Document Number: 4209868 Page 79 of 82 A wu Admrfls rado n Ceir tire: 400 Clyde Road, R0. /29 C ar [nldce, C::31U IU'I R .'M6 Phoir"IIe-I 195), /01 1CoH fireerr8,(50 UUU-4/22 Faxr ` '19 2 I - 48,4 4 ww w, g r a r udrveir ca October 28, 2022 GRCA File- November 15, 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 — November 15, 2022 Applications for Minor Variance A 2022-129 103 Peter Street A 2022-130 252 Mountain Laurel Crescent A 2022-131 1388 Highland Road West A 2022-132 85 Byron Avenue A 2022-133 130 Weber Street West A 2022-057 193 Louisa Street via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. 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 'con rove -gra ndriver.ca or 519- 621-2763 ext. 2230. Sincerely, C'-� Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority M(,rnb(._r of ('r;rrr ,rrrrirr(k-) i Orr( irin, r('l.)r('a(,nI-hng Unark,)'s 36 C c)nar,ry/aI-k,)n A(..i l nri(iw a I I)c, C,rancl A C rrrracfan I Iori(arr:, f3ivr r Page 80 of 82 Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 October 28, 2022 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 E-mail Only: Committee of Adjustment Subject: Application for Consent B2022-057 193 Louisa Street Kitchener ON Bell File: 519-22-731 Thank you for your correspondence. 705-722-2264 Fax: 705-726-4600 .•- 1fI 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 orange line indicates the approximate location of active, critical infrastructure. Located on the property known municipally as 193 Louisa Street, 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, Charleyne Hall Right of Way Associate Page 81 of 82 Page 82 of 82