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Home My WebLink AboutCA Agenda - 2022-12-13Committee of Adjustment Agenda Tuesday, December 13, 2022, 9:00 a.m. - 12:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 (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 in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on TUESDAY, DECEMBER 13, 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 attend in support of the application. This is a public meeting, anyone having an interest in any of these applications may make oral submission at the meeting or provide a written submission for Committee consideration. Please note this is a public meeting and will be livestreamed and archived at www.kitchener.ca/watchnow The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date. Pages 1. COMMENCEMENT 2. IN CAMERA MEETING AUTHORIZATION Note: Any member of the Committee may question the appropriateness of a listed in -camera item. This may occur during the Committee of Adjustment meeting or at the beginning of the in -camera session. Members are being requested to enact the following resolution to authorize an in -camera meeting: "That an in -camera meeting be held immediately prior to the Public meeting of the Committee of Adjustment this date for members of the Committee of Adjustment to receive education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001." Following their education and training session, the Committee will reconvene the Public meeting at 10:00 a.m., the Statutory Advertised start time, to consider the Minor Variance and Consent applications listed on the agenda. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 4. UNFINISHED BUSINESS 4.1 B 2022-046 - 78-80 Old Chicopee Drive (Amended), DSD -2022-513 7 Requesting permission to sever a parcel of land so each half of a semi- detached dwelling can be dealt with separately. The severed land will have a width of 9.9m, a depth of 39.6m and an area of 408 sq.m. The retained land will have a width of 9.9m, a depth of 40.6m along one lot line and 38.9m along the other lot line and an area of 548 sq.m. 5. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 5.1 A 2022-134 -192 Kent Avenue, DSD -2022-490 23 Requesting a minor variance to the Zoning By-law to permit a minimum lot area of 332.5 sq.m rather than the required 495 sq.m, having a minimum lot width of 12.2m rather than the required 15.0m; a minimum side yard abutting Kennedy Avenue of 3.3m rather than the required 4.5m; having 2 off-street parking spaces, rather than the required 3 off- street parking spaces; and, to permit the corner of the existing 2 -storey deck to encroach into the Driveway Visibility Triangle (DVT) whereas encroachment is not permitted in the DVT, to facilitate the development of a multiple dwelling unit with 3 dwelling units. Page 2 of 255 5.2 A2022-135 —100 Monteagle Crescent, DSD -2022-489 38 Requesting a minor variance to Zoning By-law 85-1 to permit the required parking space to be located 2.6m from the street (property) line rather than the minimum required 6.0m; and, a minor variance to Zoning By-law 2019-051 to permit a southerly interior side yard setback of 1.0m rather than the minimum required 1.2m, to facilitate the conversion of the existing carport into a living space. 5.3 A 2022-136 - 332 Charles Street East, DSD -2022-502 52 Requesting a minor variance to the Zoning By-law to permit "Animal Shelter" use, whereas an "Animal Shelter" use is not permitted in an MU - 3 Zone; and, to permit a maximum front yard setback of 14.Om rather than the maximum permitted 7.5m. 5.4 A 2022-137 — 81 Second Avenue, DSD -2022495 65 Requesting a minor variance to Zoning By-law 85-1 to permit a required parking space within a building to be 4.87m in length rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to permit a required parking space within a building to be 4.87m in length rather than the required 5.5m, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling. 5.5 A 2022-138 — 83 Second Avenue, DSD -2022495 79 Requesting a minor variance to Zoning By-law 85-1 to permit a required parking space within a building to be 4.87m in length rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to permit a required parking space within a building to be 4.87m in length rather than the required 5.5m, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling. 5.6 A 2022-139 — 360 Wellington Street North, DSD -2022-503 93 Requesting a minor variance to Zoning By-law 85-1 and 2019-051 to permit a front yard setback of 2.8m rather than the minimum required 4.5m to allow for Barrier Free Access to be added to the front porch. 5.7 A 2022-140 — 213 Sheldon Avenue North, DSD -2022-505 107 Requesting a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to construct a carport having the required off-street parking located 3.Om from a side lot line abutting Fairmount Road rather than the required 6m setback; to permit the carport to be located 5.7m from the rear lot line rather than the required 7.5m; and, to legalize an existing parking space located between the building and the street line abutting Fairmount Road, having a minimum length of 3.Om rather than the required 5.5m. Page 3 of 255 5.8 A 2022-141 — 488 Duke Street West, DSD -2022-493 120 Requesting a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to permit a front yard setback of 5.1 m rather than the minimum required 6.8m; and, an easterly interior side yard to have setback of 1.1 m rather than the required 1.2m, to facilitate a covered expansion of the existing front porch. 5.9 A 2022-142 — 2480 Homer Watson Boulevard Unit A2, DSD -2022-497 133 Requesting a minor variance to the Zoning By-law to permit a convenience retail outlet to have a Gross Leasable Commercial Floor Area of 310 sq.m. rather than the maximum permitted 225 sq.m, to allow convenience retail use of a unit in an existing commercial building. 5.10 A 2022-143 —10 Pattandon Avenue, DSD -2022-509 146 Requesting a minor variance to the Zoning By-law to permit a Maximum Additional Building Floor Area in the `Existing Use Zone (E1)' of 38.6% (35.2 sq.m.), rather than the maximum permitted 25% (23.7 sq.m.), to facilitate the construction of a garage attached to the rear of the existing dwelling. 5.11 A 2022-144 — 21 Third Avenue, DSD -2022-510 160 Requesting permission for the enlargement or extension of a legal non- conforming use (a printing and publishing establishment), to facilitate the construction of a two-storey addition at the front of the building having a floor area of 101.3 sq.m for the total building Gross Floor Area of 600 sq.m. 5.12 B 2022-058 to 059 — 243 Connaught Street, DSD -2022511 172 Requesting permission to sever a parcel of land to facilitate the construction of a semi-detached dwelling. The severed parcel of land will have a width of 10.0m, a depth of 23.6m and an area of 236.4 sq.m. The retained land will have a width of 13.7m, a depth of 23.6m and an area of 324.3 sq.m. Permission is also being requested to grant a 1.5m wide easement on Parts 3, 4 and 5 on the plan submitted with the applications for access and maintenance of the proposed semi-detached dwellings. 5.13 B 2022-060 —17 Nelson Avenue, DSD -2022-491 194 Requesting permission to sever a parcel of land at the rear of the subject property having a width of 18.2m, a depth of 8.32m and an area of 152.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 11 Norbert Place. The retained land will contain an existing residential dwelling municipally addressed as 17 Nelson Avenue having a width 18.2m, a depth of 129.5m and an area of 2,356.9sq.m. Page 4 of 255 5.14 VT 2022-001 — 280 Highland Road East, DSD -2022-508 210 Requesting a Validation of Title to correct a contravention to the Planning Act; an Easement Maintenance Agreement and Transfer Easement was registered in 2010 without evidence of a Certificate of Consent. The easement is in favour of 274 Highland Road East, having a width of 3.0m, a depth of 30.4m and an area of 91.5 sq.m. 5.15 CC 2022-002 —138, 150-154 Victoria Street South & 100 Park Street, 222 DSD -2022-506 Permission is being requested to modify Condition 1 of Provisional Consent decision B 2021-004 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision. 5.16 CC 2022-003 - 138, 150-154 Victoria Street South & 100 Park Street, 239 DSD -2022-506 Permission is being requested to modify Condition 1 of Provisional Consent decision B 2021-005 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision. 6. ADJOURNMENT Page 5 of 255 7. 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 Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. The Notice of Hearing for this meeting was published in the Record on the 25th day of November, 2022. Marilyn Mills Secretary -Treasurer Committee of Adjustment Page 6 of 255 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: December 2, 2022 REPORT NO.: DSD -2022-513 SUBJECT: Consent Application B2022-046 — 78-80 Old Chicopee Drive RECOMMENDATION: That Consent Application B2022-046 requesting consent to sever a parcel of land having a lot width of 9.9 metres, a lot depth of 39.6, metres and a lot area of 392.24 square metres, BE APPROVED subject to the following conditions: 1. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That, prior to final approval, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of a consent application proposing to sever an existing semi-detached dwelling. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of the Record and signage placed on the property. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 7 of 255 BACKGROUND: The subject property is located at 78 — 80 Old Chicopee Drive. The property contains an existing semi-detached dwelling which was constructed in the late 1960's. The subject application was deferred in September 2022 to allow the applicant to update the plan in consideration of an existing accessory structure located in the rear yard. The applicant has revised the proposed property line such that the existing accessory structure will be fully located on the lands to be severed together with the minimum side yard setback of 0.6 metres. Image 1: Location Map (78-80 Old Chicopee Drive) 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 Four Zone (R-4)' in Zoning By-law 85-1 and RES -4 in Zoning By- law 2019-051, which is currently under appeal. The purpose of the application is to sever the existing semi-detached dwelling, which has legally existed on one whole lot since initial construction in 1968. The lands to be severed are shown as Parts 1 and 2 on the Severence Sketch, and the lands to be retained as Parts 3 and 4. The applicant advises that there is an existing utility easement over parts 2 and 3 which will remain. Page 8 of 255 of �r,. I � III �'4i I1 w,ynn iuxrv+ 9 481 YR wuWf _� IIWPd - r APw* PA RT PART j 1 IA xxl Jb 14"n J^ti I II � la SSx 1&fAYf34 ^v ,tY �jh S fr 1 �. F.relrrxll I rel i1d J:: :",'� I r. Vfltl!I�,} fz f �l �1 M ! I { & I I - f ;✓` T � nPJuhl II � f1 1 '"'al PART I 1 i r.A.rvc. xmaau PART 4 I I _ I — ew,dn li'hwe m mna�mn4xzYkd - erk I I I I � o- i dfIIV way ru s W M 0119 Y h i 4V'Y "" rvrvry 1 ll1 J in HIN 4AlIl dIP S 1 e'WA h l JIB 1, i� ,y7u F,,. fl 4= ,.." pxaee�wrc ra� - u w .n1J _ Image 2 — Severance Sketch Image 3: Photo of 78 — 80 Old Chicopee Drive (August 30, 2022) Page 9 of 255 Image 4: Rear yard of semi-detached house with shed location (November 18, 2022). REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the consent to allow both halves of the existing semi-detached dwelling to be on separate lots is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to bus transit and are in proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Page 10 of 255 The subject lands are located within the City's delineated built up area. The severance application will recognize the development of the lot with a semi-detached dwelling and allow both halves to be dealt with independently. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; C) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed widths and areas of the severed and retained lots exceed the minimum `R-4' and `RES -4' zoning requirements and minor variances are not required. The semi-detached dwelling and accessory structure are existing and currently comply and will continue to comply with zoning regulations including setbacks, parking, etc. Planning staff is of the opinion that the size, dimension and shape of the proposed lots and existing built form are compatible with the surrounding neighbourhood which is developed with a mix of dwelling types including semi-detached dwellings, single detached dwellings, and low and medium rise multiple dwellings. There are no natural heritage Page 11 of 255 features that would be impacted by the proposed consent application as no new construction is proposed. The proposed lots are serviced with independent service connections. The proposed lot line to the rear of the dwelling is angled in order to accommodate retention of the existing accessory structure with the lands to be severed. While an angled lot line is somewhat unusual, staff is of the opinion that in this circumstance it is appropriate. The lot is somewhat pie shaped and the proposed lot line, is generally aligned with the angled side lot line. The accessory structure is wholly located on the lands to be severed and minimum setbacks maintained. The rear yard area of the lands to be retained continues to be a generous size, and together with the large interior side yard provides for sufficient private amenity space for residents. Further, there are no existing decks, doors, patios or other existing features extending from the rear of the building which may be impacted by the proposed lot line. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan and Zoning By-laws. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. The future use of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, and is good planning and in the public interest. Environmental Planning Comments: No natural heritage or tree management policy concerns as no new construction is proposed. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed consent of the existing semi with an existing fire separation between the units. Staff note that the 1968 Building permit makes reference to a firewall being present and extending into the roof sheathing. Engineering Division Comments: Engineering has no concerns with the proposed consent. Parks/Operations Division Comments: Parkland dedication is not required. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: The Region has no objection to the proposed application, subject to the following condition: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 12 of 255 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 13 of 255 1T/1_\01t•/_1II Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Srretot 6th Floof Kitchener Ontario N2G 4A Canada Telephone;,: 519-575-4400 f TY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/22 KIT November 28, 2022 Re: Comments for Consent Applications CC2022-002, CC2022-003, VT2022-001, B2022-046, B2022-058, B2022-059, and B2022-060 Committee of Adjustment Hearing December 13, 2022 CITY OF KITCHENER CC2022-002 and CC2022-003 138, 150-154 Victoria Street South and 100 Park Street Innovation Developments Kitchener Ltd (Owners) / K. Barisdale — GSP Group Inc. (Applicant) The owner/applicant is proposing to change consent conditions from B2021-004 (land swap) and B2021-005 (easements) relating to the owner/applicant obtaining a tax certificate to verify that there are no outstanding taxes on the subject lands. The Region has no objection to the proposed application. VT2022-001 280 Highland Road East KSH Corporation (owners) / T. Sanderson — Miller Thomson LLP (applicant) Document Number: 4230434 Page 1 of 4 Page 14 of 255 The owner/applicant is seeking a validation certificate affecting a technical correction to a sewer easement. The Region has no objection to the proposed application. B2022-046 78-80 Old Chicopee Drive Estate of Maria Kruppa (Owners) / Steven Grant (Madorin, Snyder LLP — Applicant) The owner/applicant is proposing to sever the existing semi-detached home into two distinct parcels so that they can be sold separately. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. B2022-058 and B2022-059 243 Connaught Street Lee Lynhiavu (Owner) / Khaled Berbasah (Can -Connect Developments Inc — Applicant) The owner/applicant is proposing to sever the existing lot into two parcels in order to build a semi-detached dwelling. The existing dwelling on the retained lands is to remain. Regional staff note that a previous consent application for the subject lands was heard in May 2022 as B2022-033. Regional Fee: Document Number: 4230434 Page 2 of 4 Page 15 of 255 The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consents. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.region ofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant is advised that the subject lands are located within an airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Jordan Vander Veen Senior Engineer, Region of Waterloo International Airport Phone 519-648-2256 Ext 8514 Email: ivanderveen(cDregionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. Document Number: 4230434 Page 3 of 4 Page 16 of 255 B2022-060 17 Nelson Avenue Kalita Hanson and James Steinbach (Owners) The owner/applicant is proposing to sever the existing lot as a lot addition from 17 Nelson Avenue to 11 Norbert Place. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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: 4230434 Page 4 of 4 Page 17 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 18 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 19 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 20 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 21 of 255 Page 22 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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 9 DATE OF REPORT: December 7, 2022 REPORT NO.: DSD -2022-490 SUBJECT: Minor Variance Application A2022-134 — 192 Kent Street RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-134 for 192 Kent Street requesting relief from: i) Section 39.2.1 of Zoning By-law 85-1 to permit a minimum lot area of 332.5 square metres instead of the minimum required 495 square metres, a minimum lot width of 12.2 metres instead of the minimum 15 metres and a minimum side yard abutting a street of 3.3 metres instead of the minimum required 4.5 metres; ii) Section 6.1.2 a) of Zoning By-law 85-1 to permit a multiple dwelling, having 3 dwelling units, to provide 2 parking spaces, instead of the minimum required 3 parking spaces; and iii) Section 5.3 of Zoning By-law 85-1 to permit the corner of the existing 2 -storey deck to encroach into the Driveway Visibility Triangle (DVT) whereas no encroachment is permitted; to facilitate the development of a multiple dwelling, having 3 dwelling units, on the subject property, generally in accordance with drawings prepared by Fine Line Drafting and Design, dated October 14, 2022, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review minor variances to facilitate the development of a multiple dwelling, having 3 dwelling units, on the subject property. • 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 23 of 255 BACKGROUND: The subject property is located on the corner of Kent Avenue and Kennedy Avenue in the Mill Courtland Woodside Park neighbourhood. The surrounding context is comprised of primarily low rise residential and light industrial uses. Location Map — 192 Kent Avenue Photo of Subject Property The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated 'Low Rise Conservation' on Map 12 — Mill Courtland Woodside Park Neighbourhood Secondary Plan in the City's 1994 Official Plan. The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1 The purpose of the application the applicant is requesting relief from Section 39.2.1 of Zoning By- law 85-1 to permit a minimum lot area of 332.5 square metres instead of the minimum required 495 square metres, a minimum lot width of 12.2 metres instead of the minimum 15 metres and a minimum side yard abutting a street of 3.3 metres instead of the minimum required 4.5 metres, relief from Section 6.1.2 a) of Zoning By-law 85-1 to permit a multiple dwelling, having 3 dwelling units, to provide 2 parking spaces, instead of the minimum required 3 parking spaces and relief from Section 5.3 of Zoning By-law 85-1 to permit the corner of the existing 2 -storey deck to encroach into the Driveway Visibility Triangle (DVT) whereas no encroachment is permitted, to facilitate the Page 24 of 255 development of a multiple dwelling, having 3 dwelling units, on the subject property. Photo of Existing Deck The existing 2 storey single detached dwelling is not proposed to be demolished; interior renovations and minor exterior work will be undertaken to convert the existing building into a 3 -unit multiple dwelling. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is identified as `Major Transit Station Area' (MTSA) on Map 2 — Urban Structure and is designated `Low Rise Conservation' on Map 12 — Mill Courtland Woodside Park Neighbourhood Secondary Plan in the City's 1994 Official Plan. The intent of the Low Rise Conservation designation is to retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of 3 dwelling units. Staff note that the existing 2 storey single detached dwelling is not proposed to be demolished; interior renovations and minor exterior work will be undertaken to convert the existing building into a 3 unit multiple dwelling, which is a permitted use under Mill Courtland Woodside Park Neighbourhood Secondary Plan policy 13.4.3.1. Permitting the requested variances would also facilitate the development of additional units in the area identified as an MTSA on Map 2 of the Official Plan, in accordance with Official Plan policy 3.C.2.17. As such, granting the requested variances would have no significant impact to the low rise, low density character of the neighbourhood, and accommodate growth through gentle density appropriate to the Page 25 of 255 surrounding context in support of existing and planned rapid transit, therefore maintaining the intent of the Official Plan. General Intent of the Zoning By-law The intent of the minimum lot area and lot width requirement for multiple dwellings in Zoning By-law 85-1 is to ensure that the lands are functionable in accommodating a 3 unit multiple dwelling on the site, and to ensure an adequate level of amenity space and access can be maintained. Staff note that the requested minimum lot area and lot width are comparable to the minimum required lot dimensions for Additional Dwelling Unit (detached) applications, which also permit a maximum of 3 dwelling units per lot. As both the lot dimensions and 2 storey duplex dwelling are existing; permitting the requested variances would not further impact the functioning of a multiple dwelling on the site, or access to the property. The intent of a DVT and the minimum 4.5 metre side yard setback abutting a street is to ensure adequate visibility for vehicles entering/exiting the driveway, and to maintain an adequate setback from the building to the street. Staff note that the corner of the existing 2 storey deck that encroaches on the DVT is 0.5 metres in length; permitting this encroachment would not be visually discernable and would not impact the visibility of the driveway to the street. The intent of the minimum required 3 parking spaces for a 3 unit multiple dwelling is to ensure adequate parking is provided for the residents of the dwelling. As 192 Kent Avenue is located within a Major Transit Station Area, there would be adequate alternate means of transportation from the property. Staff note that the provision of reducing the required parking for properties located within 800 metres of an LRT station is standard for ADU (detached) applications; permitting the same for the current minor variance application would not impact the parking configuration of or travel to/from the property and therefore maintain the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? As the lot is already existing and the majority of the conversion work to the dwelling will be interior renovations, staff are of the opinion that the effects of the requested variances are minor in nature. 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 development and use of the land and building. Permitting the requested variances would facilitate the conversion of an existing duplex into a legal 3 -unit multiple dwelling, representing a form of gentle density in an established neighbourhood located within an MTSA. Environmental Planning Comments: No concerns due to no site development works, no external construction and no demolition. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed change of use to a triplex is obtained prior to construction building(a)kitchener.ca with any questions. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No comments. variance provided building permit for the . Please contact the Building Division at Page 26 of 255 Transportation Planning Comments: Transportation Services have no concerns to legalize the existing minor porch encroachment into the driveway visibility triangle. Transportation Services can support the proposed parking reduction from 3 to 2 parking spaces provided that, any possible tenants must be made aware prior to rent/sale, that their unit does not have an associated parking space available. Also, within 600 metres of the site there is access to the Iron Horse Trail, Borden ION Station and Grand River Transit Route 6. These are fantastic options for someone who does not have a passenger vehicle and is looking for an alternative mode of transportation. Planning Comments: As Planning Staff have noted above, the parking requirement for a duplex and an Additional Dwelling Unit (ADU) (Detached) for properties located within 800 metres of an ION/LRT would be 2 parking spaces (no new parking required for ADU (Detached); permitting the same for the current minor variance application to facilitate an Additional Dwelling Unit (ADU) (Attached) would have the same effect. GRCA Comments: GRCA has no objection to the above -noted minor variance application. Documents Reviewed by Staff GRCA staff have reviewed the following documents submitted with this application, received by GRCA staff on November 17, 2022 from the City of Kitchener: • Application for Minor Variance (City of Kitchener, October 14 2022); and • Site Plan (Fine Line Drafting & Design, October 14 2022). GRCA Comments GRCA has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of Waterloo and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains the regulated allowance to floodplain associated with Shoemaker Creek. A copy of our resource mapping is attached. Due to the presence of the floodplain, a portion of the subject property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject property will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The current and proposed use of the subject property is residential. We understand the purpose of this application is to permit a multiple dwelling containing three dwelling units and two parking spaces on the subject property. We understand the applicant is requesting relief from zoning by-law requirements pertaining to minimum lot area, minimum lot width, minimum side yard abutting a street, number of parking spaces, and landscape space. The GRCA does not anticipate negative natural hazard impacts as a result of this minor variance application, and we have no objection. Consistent with GRCA's 2022 approved fee schedule, this application is considered a `minor' minor variance and the applicant will be invoiced in the amount of $290 for the GRCA's review of this application. Page 27 of 255 Should you have any questions, please contact me at jcon roySaD-grand river. ca or 519-621-2763 ext. 2230. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 ATTACHMENTS: Attachment A — Site Plan of Proposed Multiple Dwelling Page 28 of 255 X 4 'N .......................................................................................................................... KENNEDYAVENUE Z Zrr r.n m m rn Site Plan of Proposed Multiple Dwelling Page 29 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 30 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 31 of 255 Administration Centre: 400 C lydcr leo:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1 R 5W6 Phone: 519 621 21(51 ToII free: 1 866 900 < 722 Fax: 519 621 d844 w ww.grandriver.ca 0 November 23, 2022 GRCA File: A 2022-134 - 192 Kent Avenue Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CoWa)Kitchen er.ca Dear Sarah Goldrup, Re: Minor Variance Application A 2022-134 192 Kent Avenue, City of Kitchener Gregory Lewis/Fine Line Drafting & Design Inc. via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor variance application. Recommendation GRCA has no objection to the above -noted minor variance application. Documents Reviewed by Staff GRCA staff have reviewed the following documents submitted with this application, received by GRCA staff on November 17, 2022 from the City of Kitchener: • Application for Minor Variance (City of Kitchener, October 14 2022); and • Site Plan (Fine Line Drafting & Design, October 14 2022). GRCA Comments GRCA has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of Waterloo and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains the regulated allowance to floodplain associated with Shoemaker Creek. A copy of our resource mapping is attached. Mrrrr7Wr Of Cwons rvatiun Ontarl0, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 32 of 255 Due to the presence of the floodplain, a portion of the subject property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject property will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The current and proposed use of the subject property is residential. We understand the purpose of this application is to permit a multiple dwelling containing three dwelling units and two parking spaces on the subject property. We understand the applicant is requesting relief from zoning by-law requirements pertaining to minimum lot area, minimum lot width, minimum side yard abutting a street, number of parking spaces, and landscape space. The GRCA does not anticipate negative natural hazard impacts as a result of this minor variance application and we have no objection. Consistent with GRCA's 2022 approved fee schedule, this application is considered a `minor' minor variance and the applicant will be invoiced in the amount of $290 for the GRCA's review of this application. Should you have any questions, please contact me at icon roy(d)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, 9-4� (Sxw� Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Enclosed: GRCA Resource Map Copy: Gregory Lewis — Owner (via email) Rodney Friesen, Fine Line Drafting & Design Inc. — Agent (via email) Page 33 of 255 O N L CV04 N a > Q d (Qj C7 U m0 €do€ - aZ KtQ¢?oE co E as > a7 " 4: 4: Q N U .� 2 72 y C �p C7 N d m az U .6 m o >. o as E m a da3 (� Q U) w = U a; x a Q) 0 ai LL U❑ w o c m o m O Q a a� a� a� .a.) Q N o O Q Q> g> o w w w w U rn rn rn w w Q U— U) O U o O F Y Y Y Y Y > o aaa Q� a� a��9Qoo N �' �' > J J J J a. N_ w m ppµ „1?r� H r T � m al \ ❑ c 2 � 1111111 U o y U£ IN H rr r r / _ "rJ, N yJ ta�G� r IM Illllw i I / yUl I i u r P �l r N / 4n O "r oy V / z /P�r From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 35 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 36 of 255 Page 37 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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 7 DATE OF REPORT: December 7, 2022 REPORT NO.: DSD -2022-489 SUBJECT: Minor Variance Application A2022-135 — 100 Monteagle Crescent RECOMMENDATION: Zonina By-law 85-1 A. That Minor Variance Application A2022-135 for 100 Monteagle Crescent requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1, to permit the required parking space to be located 2.6 metres from the street (property) line instead of the minimum required 6 metres, and from Section 38.2.2 of Zoning By-law 85-1 to permit an interior side yard of 1 metre instead of the minimum required 1.2 metres to facilitate the conversion of the existing carport into living space, generally in accordance with drawings prepared by Fine Line Drafting & Design, dated October 17, 2022, BE APPROVED. Zonina By-law 2019-051 B. That Minor Variance Application A2022-135 for 100 Monteagle Crescent requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit the required parking space to be located 2.6 metres from the street (property) line instead of the minimum required 6 metres, and from Section 7.3, Table 7-3, of Zoning By-law 2019-051 to permit an interior side yard setback of 1 metre instead of the minimum required 1.2 metres, to facilitate the conversion of the existing carport into living space, generally in accordance with drawings prepared by Fine Line Drafting & Design, dated October 17, 2022, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is that the applicant is to review a Minor Variance Application to facilitate the conversion of the existing carport into living space. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 38 of 255 • 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 Monteagle Crescent, within the Forest Heights neighbourhood. The surrounding context of the subject property is primarily comprised of low rise residential uses. Location Map — 100 Monteagle Crescent Photo of Subject Property and Requested Variance The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1, and `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is that the applicant is requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 and from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit the required parking space to be located 2.6 metres from the street (property) line instead of the minimum required 6 metres, and relief from Section 38.2.2 of Zoning By-law 85-1 and Section 7.3, Table 7-3, of Zoning By-law 2019-051 to permit an interior side yard setback of 1 metre instead of the minimum required 1.2 metres, to facilitate the conversion of the existing carport into living space for the use of the single detached dwelling. Page 39 of 255 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types while maintaining the low density character of the neighbourhood. Official Plan policy 4.C.1.8 details criteria that should be considered where a minor variance is requested. Subsections `c' and `e' further specify that any modifications to existing structures should be compatible in scale, massing, design and character to the existing streetscape, and allow the lands to "function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site". Staff are of the opinion that permitting the required off-street parking space to be set back 2.6 metres rather than the required 6 metres would maintain both the appropriate number of parking spaces for the single detached dwelling, as well as the existing area of landscaped/amenity space on the front yard. Additionally, permitting a side yard setback of 1 metre instead of the minimum required 1.2 metres would not impact the surrounding streetscape or abutting properties. The proposed variances would not have an impact on the low rise residential character of the surrounding neighbourhood and therefore maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 6 metre setback from the street line for the first required off-street parking space in both Zoning By-law 85-1 and 2019-051 is to ensure that a vehicle can be safely parked without impacting City and public right-of-ways, or access for the surrounding properties. The required setback also ensures clear visibility lines when exiting the driveway and allows enough space for a second legal parking space behind the first required space. While 2.6 metres is not sufficient for a second legal parking space, single detached dwellings are only required to provide one parking space, and the requested 2.6 metres would still ensure adequate visibility without impacting City and public right-of-ways or access to the neighbouring properties. The intent of a 1.2 metre side yard setback requirement in both Zoning By-law 85-1 and 2019-051 is to ensure adequate separation and privacy between abutting properties and allow for access to the rear yard. A 1 metre side yard setback would still allow for access to the rear yard, and still maintains adequate separation between the abutting property. Staff note that the submitted elevations do not show any windows on the proposed addition facing the neighbouring property, and that the proposed addition would face a carport on the abutting property; there would be no impact to the privacy of the neighbouring properties. Staff are of the of the opinion that the proposed variances meet the general intent of the Zoning By-laws. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the effects of the requested variances are minor as the approval of an existing side yard setback deficiency of 0.2 metres will not be distinguishable and will not have a significant impact on the adjacent properties or neighbourhood. Regarding the reduced parking setback, there are no anticipated impacts to the pedestrian right-of-way, parking requirements, or neighbouring properties. Staff note that there are no sidewalks along Monteagle Crescent and that only one parking space is required for the subject property; as such, there would be limited pedestrian activity interacting with the property and no impact to parking configurations would occur. Staff are of the opinion that the requested variances are minor in nature. Page 40 of 255 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 development and use of the land as it would facilitate the conversion of the attached carport into a living space for the single detached dwelling while ensuring that an appropriate number of parking spaces for the subject property is provided. Environmental Planning Comments: No natural heritage or tree management concerns due to proposed development on existing footprint (carport). Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made to enclose the carport for habitable space. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services supports the proposed parking setback of 2.69 metres from the required 6.0 metre setback from the property line. 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. Page 41 of 255 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 — Site Plan Showing Proposed Addition Attachment B — Addition Elevations Page 42 of 255 zz IMM rM --------- - i. ......... 0 Site Plan Showing Proposed Addition Page 43 of 255 mxn IAb .Q AL zz IMM rM --------- - i. ......... 0 Site Plan Showing Proposed Addition Page 43 of 255 IBi Addition Elevations Page 44 of 255 l�uu 44I j VI r V.. f Addition Elevations Page 44 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 45 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 46 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 47 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 48 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 49 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 50 of 255 Page 51 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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 9 DATE OF REPORT: December 2, 2022 REPORT NO.: DSD -2022-502 SUBJECT: Minor Variance Application A2022-136 - 332 Charles Street East RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2022-136 for 332 Charles Street East requesting relief from: i) Section 55.1 (MU -3) of Zoning By-law 85-1 to permit an `Animal Shelter' as a permitted use of the subject property; and ii) Section 55.2.1 (MU -3) of Zoning By-law 85-1 to permit a front yard setback of 14 metres instead of the maximum permitted 7.5 metres; to recognize and permit the existing building to be used as an `Animal Shelter' use, in accordance with the approved Site Plan, dated September 6, 1979, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for minor variances to permit the existing building to be used as Animal Shelter and legalize the front yard setback of the existing building located on the property municipally addressed as 332 Charles Street East. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located on Charles St E between Pandora Ave S and Cameron St S. The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure. The property is designated `Mixed Use Corridor' on Map 10 — King Street East Neighbourhood Secondary Plan in the City's Official Plan. The property is zoned `High Intensity Mixed Use Corridor Zone (MU -3)' in Zoning By-law 85-1 with Special Regulation Provision 544R. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 52 of 255 The purpose of the application is to recommend the approval of variances to permit an `Animal Shelter' use and to recognize the existing building on the property. The current business `Kitchener Stray Cat Rescue' has existed on the property since 2021. City Planning staff conducted a site inspection of the property on November 29th, 2022. Figure 1: Location Map — 332 Charles Street East Figure 2: Photo of building at 332 Charles Street East Page 53 of 255 Figure 3: Photo of building at 332 Charles Street East SCALL 1 300 DATE JAN 26 1979 (ftl5'fiolr�$17.9) -S/rE PLAN- -1-1 ----- ----- FOR EDWARD KUN"I*Z '.A 1— 1411l1 I ARIA N 56-A 7' w 36 5Bxn m" 3.prom ---------------- 4SAHf4 r AAIKI#6 I pli R 9i7 in CIIA14,15 5T P�A KIN SPA 'ES' 4AY 12 qz, .Tt�44� N5G- E S ......... ..-S..R.EET IIFIICE A116AiEs67sp. mages - PARKINPr REQUREMENTS:8 spote% K IT ClICNER UPI OF PLANNING 8 DEVELOPMENT R C I Figure 4: Site Plan Revised September 6, 1979 Page 54 of 255 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is identified as a `Major Transit Station Area' on Map 2 — Urban Structure, and `Mixed Use Corridor' on Map 10 — King Street East Neighbourhood Secondary Plan in the City's 2014 Official Plan. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. The Mixed Use Corridor along Charles Street is intended to intensify in the future with a balanced distribution of commercial, multiple residential and institutional uses. A broad range of commercial uses is permitted, including freestanding office and small retail. The minor variance to add an 'Animal Shelter' use as a permitted use is consistent with the Mixed Use Corridor land use designation and intent of the Official Plan. General Intent of the Zoning By-law The subject property is zoned `High Intensity Mixed Use Corridor Zone (MU -3)'. This zone permits a wide range of commercial, residential and personal service uses, and also includes canine and feline grooming. Canine and feline grooming, however, does not permit veterinary services, boarding, pet related retail sales and overnight accommodations of dogs and cats. An `Animal Shelter' is not a defined use in Zoning By-law 85-1 and the property is not currently zoned in Zoning By-law 2019-051. Animal Shelter has been defined in Zoning By-law 2019-051 as "the use of a premises where lost, abandoned, or rescued animals are boarded for the purposes of care, claiming, or adoption." Given that an `Animal Shelter' is not a defined use in Zoning By-law 85-1 but is similar in use to a Canine and Feline Grooming use, providing care to animals, which is permitted in the MU -3 zone, its operation in the existing building on the subject property would meet the intent of the Zoning By- law. The subject property is only permitted to have a maximum front yard setback of 7.5 metres. The intent of this regulation is to create a streetscape and built form that are pedestrian -friendly and transit -oriented. The applicant is proposing to legalize the existing front yard setback of 14 metres as the setback is only legal for a permitted use. As the current building and its setback have existed since 1979, Staff is of the opinion that the existing maximum front yard setback would also be appropriate for an Animal Shelter use and accordingly would meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variances are considered minor as the building is existing and has been used over the years for many uses without impacting the streetscape or adjacent properties. The Zoning By-law currently allows for some pet -related uses defined in Canine and Feline Grooming but did not go as far as to define Animal Shelter and its related uses. The effects of adding an Animal Shelter as a permitted use, and its associated practices of care, claiming and adoption of lost, abandoned, or rescued animals will be minor. Page 55 of 255 Staff is of the opinion that the maximum front yard setback of 14 metres, where 7.5 metres is required is minor. The extra space in the front yard will allow for parking requirements to be met, without having to remove the existing landscaped area in the side yard. Staff have noted that the existing parking layout as shown in Figure 1 is not being executed as per the Site Plan shown in Figure 4 above. Staff is recommending that parking spaces be established and demarcated with painted lines as per the Site Plan. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the proposed variances are desirable and appropriate, as it will allow the applicant to continue operating a much needed business in the existing building. Environmental Planning Comments: No comment. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the change of use to an animal shelter is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Engineering Division Comments: No comment. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with the application, provided that the parking requirement is being satisfied. Grand River Conservation Authority: The subject property does not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The property is not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Region of Waterloo: No concerns. Ministry of Transportation of Ontario (MTO): MTO has no objection. 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. Page 56 of 255 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 57 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 58 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 59 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 60 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 61 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firorn the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 136 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 62 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 63 of 255 Page 64 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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: December 7, 2022 REPORT NO.: DSD -2022-495 SUBJECT: Minor Variance Applications A2022-137 and A2022-138 81 Second Avenue and 83 Second Avenue RECOMMENDATION: Minor Variance Application A2022-137 — 81 Second Avenue Zoning By-law 85-1 A. That Minor Variance Application A2022-137 for 81 Second Avenue requesting relief from Section 6.1.1.2 e) of Zoning By-law 85-1 to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.49 metres, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-137 for 81 Second Avenue requesting relief from Section 5.3.1, Table 5-1, of Zoning By-law 2019-051, to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.5 metres, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling, 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 65 of 255 Minor Variance Application A2022-138 — 83 Second Avenue Zoning By-law 85-1 A. That Minor Variance Application A2022-138 for 83 Second requesting relief from Section 6.1.1.2 e) of Zoning By-law 85-1 to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.49 metres, to legalize the size of the parking space within the existing attached garage of the semi- detached dwelling, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-138 for 83 Second Avenue requesting relief from Section 5.3.1, Table 5-1, of Zoning By-law 2019-051, to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.5 metres, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling, BE APPROVED, subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to legalize the size of a parking space within the existing attached garage of a semi-detached 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 properties are located on the southeast side of Second Avenue, with the closest intersection being Second Avenue and Connaught Street. The subject properties contain a recently constructed semi-detached dwelling. The area is predominantly a low-rise low-density residential neighbourhood. Page 66 of 255 The subject properties are identified as `Community Area' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1, and `Low Rise Residential Four Zone (RES -4)' in Zoning By -Law 2019-051, which is currently under appeal. The purpose of the applications is to legalize the length of a parking space in the existing attached garage of a semi-detached dwelling to accommodate steps to access the dwelling units. Specifically, the variance is as follows: to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.49 metres (85-1) and 5.5 metres (2019-051) to legalize the size of the parking space within the existing attached garage of the semi- detached dwelling. Planning staff conducted a site inspection on December 11t, 2022. Site photo of 81 and 83 Second Avenue (subject property). Page 67 of 255 Site Plan of subject property showing attached garage area. 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 existing variances to permit a reduced length of a parking space within in the attached garages will allow the legal parking space to be within the garage and will not change the existing massing, height, or other design characteristics of the property. Therefore, it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the Zoning By-law requiring parking spaces to be a minimum length 5.49 metres (85-1) and 5.5 metres (2019-051), is to ensure that the attached garage can accommodate a vehicle, which if the garage is 6 metres from the lot line, is the legal parking space. The intent of the by-law is maintained as the length of 4.87 metres is still long enough to provide a legal parking and accommodate a parking space 6 metres from the street line. Therefore, the 2 parking spaces that are located inside of the attached garage, are able to maintain enough space to safely park, and allow access to the steps and entrance to the units through the garage. Accordingly, it is staff's opinion that the general intent of the zoning by-law will be maintained. Is/Are the Effects of the Variance(s) Minor? The requested variance can be considered minor as each attached garage, will still be able to provide one (1) parking legal parking space and also accommodate stairs to allow an appropriate internal access to the dwelling. Accordingly, it is staff's opinion that the effects of the variance are minor. Page 68 of 255 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances to permit a reduction in the garage parking length are desirable as they will recognize the parking space within the attached garage as the legal parking space, while also facilitating stairs to access the dwelling from the garage. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services can support the reduction in length for an internal garage parking space to 4.87m. 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 — Drawings submitted with application. Page 69 of 255 Page 70 of 255 m'o msv Page 71 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 72 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 73 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 74 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 75 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firorn the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 136 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 76 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 77 of 255 Page 78 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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: December 7, 2022 REPORT NO.: DSD -2022-495 SUBJECT: Minor Variance Applications A2022-137 and A2022-138 81 Second Avenue and 83 Second Avenue RECOMMENDATION: Minor Variance Application A2022-137 — 81 Second Avenue Zoning By-law 85-1 A. That Minor Variance Application A2022-137 for 81 Second Avenue requesting relief from Section 6.1.1.2 e) of Zoning By-law 85-1 to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.49 metres, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-137 for 81 Second Avenue requesting relief from Section 5.3.1, Table 5-1, of Zoning By-law 2019-051, to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.5 metres, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling, 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 79 of 255 Minor Variance Application A2022-138 — 83 Second Avenue Zoning By-law 85-1 A. That Minor Variance Application A2022-138 for 83 Second requesting relief from Section 6.1.1.2 e) of Zoning By-law 85-1 to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.49 metres, to legalize the size of the parking space within the existing attached garage of the semi- detached dwelling, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-138 for 83 Second Avenue requesting relief from Section 5.3.1, Table 5-1, of Zoning By-law 2019-051, to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.5 metres, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling, BE APPROVED, subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to legalize the size of a parking space within the existing attached garage of a semi-detached 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 properties are located on the southeast side of Second Avenue, with the closest intersection being Second Avenue and Connaught Street. The subject properties contain a recently constructed semi-detached dwelling. The area is predominantly a low-rise low-density residential neighbourhood. Page 80 of 255 The subject properties are identified as `Community Area' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1, and `Low Rise Residential Four Zone (RES -4)' in Zoning By -Law 2019-051, which is currently under appeal. The purpose of the applications is to legalize the length of a parking space in the existing attached garage of a semi-detached dwelling to accommodate steps to access the dwelling units. Specifically, the variance is as follows: to permit the required parking space within a building to have a minimum length of 4.87 metres instead of the minimum required 5.49 metres (85-1) and 5.5 metres (2019-051) to legalize the size of the parking space within the existing attached garage of the semi- detached dwelling. Planning staff conducted a site inspection on December 11t, 2022. Site photo of 81 and 83 Second Avenue (subject property). Page 81 of 255 Site Plan of subject property showing attached garage area. 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 existing variances to permit a reduced length of a parking space within in the attached garages will allow the legal parking space to be within the garage and will not change the existing massing, height, or other design characteristics of the property. Therefore, it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the Zoning By-law requiring parking spaces to be a minimum length 5.49 metres (85-1) and 5.5 metres (2019-051), is to ensure that the attached garage can accommodate a vehicle, which if the garage is 6 metres from the lot line, is the legal parking space. The intent of the by-law is maintained as the length of 4.87 metres is still long enough to provide a legal parking and accommodate a parking space 6 metres from the street line. Therefore, the 2 parking spaces that are located inside of the attached garage, are able to maintain enough space to safely park, and allow access to the steps and entrance to the units through the garage. Accordingly, it is staff's opinion that the general intent of the zoning by-law will be maintained. Is/Are the Effects of the Variance(s) Minor? The requested variance can be considered minor as each attached garage, will still be able to provide one (1) parking legal parking space and also accommodate stairs to allow an appropriate internal access to the dwelling. Accordingly, it is staff's opinion that the effects of the variance are minor. Page 82 of 255 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances to permit a reduction in the garage parking length are desirable as they will recognize the parking space within the attached garage as the legal parking space, while also facilitating stairs to access the dwelling from the garage. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services can support the reduction in length for an internal garage parking space to 4.87m. 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 — Drawings submitted with application. Page 83 of 255 Page 84 of 255 m'o msv Page 85 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 86 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 87 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 88 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 89 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 90 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 91 of 255 Page 92 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: December 2, 2022 REPORT NO.: DSD -2022-503 SUBJECT: Minor Variance Application A2022-139 — 360 Wellington Street N RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-139 for 360 Wellington Street North requesting relief from Section 5.6A.4 d) of Zoning By-law 85-1, to permit a minimum front yard setback of 2.8 metres instead of the minimum required 4.5 metres, to legalize the location of an existing barrier -free access, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-139 for 360 Wellington Street North requesting relief from Section 4.4.7 of Zoning By-law 2019-051, to permit a minimum front yard setback of 2.8 metres instead of the minimum required 4.5 metres, to legalize the location of an existing barrier -free access, BE APPROVED. This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The applicant is requesting a minor variance to legalize the location of an existing barrier -free access in the front yard of the subject property. • There are no financial implications. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 93 of 255 Location map: 360 Wellington Street N. BACKGROUND: The subject property at 360 Wellington Street North is located on the north side of Wellington Street North between Lancaster and St. Leger Streets. The subject property is currently developed with a detached residential dwelling. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Five Zone (R-5)' with Special Use Provision 129U in Zoning By- law 85-1 and `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is to legalize the location of an existing barrier -free access in the front yard that contravenes the front yard setback of the Zoning By-law. Page 94 of 255 II FROM' fJ$' rpapf 0'v (D mm ARP ADDITI'DIN .. . ............. *T' ..... . I I. I . I .. ................. . .. . .. *14 ORKK HOUS > NO a F, G PORCH 1-1 4" 1 0 _j m .......... N 6 '511 '45 WE, LL] NGITO N STR E E 1"' cAMON, TH11 SURVEY AIND PLAN ARE FOR JOHN METZ LTD. THE PURPOSE OF LOCATING THE BUILDINGS ONTARIO LAND SIAVEYING, SHOWN HEREON AND 00 NO_r COMPLY V0JTH 71 WEBER ST F -I, KIT" CHE41ER ALL. LAWS, STATUTESO REGULATIONS AND STANDARDS 0OV044ING L24AL SURVEYS � -) m ' M ONTARIO, �1976 J, 8, R.W. C-5-7 AY z 5 4 L 'ULE KUM $kK 5 2 1'1 5 Plan showing location of the Barrier -Free Access Page 95 of 255 Existing detached dwelling at 360 Wellington Street North - Source: Google REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City of Kitchener's Official Plan. The intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. Additionally, the City's Housing policies support and attempt to accommodate residents who may wish to adapt their housing and age in place to better suit their circumstances and needs that may change over time, provided these changes to the housing do not significantly impact the nature or community character of the surrounding residential area. A barrier -free access in the front yard for a detached dwelling would support these polices. Therefore, planning staff is of the opinion that the requested variance is appropriate and meets the general intent of the City's Official Plan. General Intent of the Zoning BV -law The intent of the 4.5 metre setback is to ensure that there is a consistent streetscape for dwellings along Wellington Street. The barrier -free access is a 1.2 metre wide by 1.47 metre deep by 1 metre high deck used in conjunction with a wheelchair lift to provide access to the house by scooter or wheelchair for the owner. The barrier -free access is not visually impactful but is necessary for the owner to be able to access his home. Staff are of the opinion that a 2.8 metre setback from the front Page 96 of 255 lot line will continue to be an appropriate setback and meet the intent of the regulation. Therefore, staff is of the opinion that the reduction being requested meets the general intent of the zoning by-law. Is the Effects of the Variance Minor? The requested variance is minor. The deficiency in the setback only pertains to the barrier -free access/lift. Staff are of the opinion that the requested reduction in setback for a barrier -free access will allow the owner with a disability accessibility to access the dwelling from the front yard and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Is the Variance Desirable For The Appropriate Development or Use of the Land? A barrier -free access is appropriate for the development and use of land. It provides accessibility to and from the existing dwelling for the occupant. Environmental Planning Comments: Environmental Planning Staff have no concerns. Heritage Planning Comments: The subject property is located within the Mt. Hope/Breithaupt Neighbourhood Cultural Heritage Landscape (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 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 a building permit for the deck and wheelchair lift is obtained. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: Engineering staff have no concerns. Transportation Planning Comments: Transportation Planning staff have no concerns. Parks: No comments Region of Waterloo Comments: No concerns GRCA: No concerns Metrolinx: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect Page 97 of 255 the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 and Zoning By-law 2019-051 Page 98 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 99 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 100 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 101 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 102 of 255 -�ALI ► i ;I*] A To: Kitchener Committee of Adjustment From: Farah Faroque, Intern Adjacent Developments GO Expansion - Third Party Projects Review Metrolinx Date: November 28th, 2022 Re: A 2022-139 - 360 Wellington St N - MV Metrolinx is in receipt of the minor variance application for 360 Wellington St N to permit a reduced front yard setback to allow a barrier free access to be added to the front porch. Metrolinx's comments on the subject application are noted below: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Intern, Third Party Projects Review Metrolinx 20 Bay Street Suite 600, Toronto Page 103 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 104 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 105 of 255 Page 106 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 10 DATE OF REPORT: November 30, 2022 REPORT NO.: DSD -2022-505 SUBJECT: Minor Variance Application A2022-140 — 213 Sheldon Avenue North RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-140 for 213 Sheldon Avenue North requesting relief from: i) Sections 38.2.1 and 6.1.1.1 b) i) of Zoning By-law 85-1 to permit the required off-street parking (marked as #1 on the plan attached to DSD -2022-505) to be located 3 metres from a side lot line abutting Fairmount Road instead of the required 6 metres; ii) Section 38.2.1 of Zoning By-law 85-1 to permit the carport to be located 5.7 metres from the rear lot line instead of the required 7.5 metres; and iii) Section 6.1.1.1 b) v) of Zoning By-law 85-1 to legalize an existing parking space (marked as #2 on the plan attached to DSD -2022-505) to be located between the building and the lot line abutting Fairmount Road having a depth of 3.05 metres rather than the required parking space depth of 5.5 metres; to facilitate the construction of a carport and legalize the existing parking in the driveway, generally in accordance with drawings prepared by Carole Boucher Architect, dated November 10, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-140 for 213 Sheldon Avenue North requesting relief from: i) Sections 7.3, Table 7-2, and 5.3.3 a) i) of Zoning By-law 2019-051 to permit the required off-street parking (marked as #1 on the plan attached to DSD -2022-505) to be located 3 metres from a side lot line abutting Fairmount Road instead of the required 6 metres; ii) Section 7.3, Table 7-2, to permit the carport to be located 5.7 metres from the rear lot line instead of the required 7.5 metres; and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 107 of 255 iii) Section 5.3.1,Table 5-2, e) to legalize an existing parking space (marked as #2 on the plan attached to DSD -2022-505) to be located between the building and the lot line abutting Fairmount Road having a depth of 3.05 metres rather than the required parking space depth of 5.5 metres; to facilitate the construction of a carport and legalize the existing parking in the driveway, generally in accordance with drawings prepared by Carole Boucher Architect, dated November 10, 2022, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Q.. v.r44+VtJ a 1 M1lY w, ' , <3 fir o Z ' N CJy REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the construction of a carport for a single detached dwelling. • The key finding of this report is that the requested minor variances meet 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 south-west corner of Sheldon Avenue North and Fairmount Road. Page 108 of 255 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 Four `R-4' in Zoning By-law 85-1 and Low Rise Residential Four `RES -4' in Zoning By- law 2019-051, which is currently under appeal. In 2000, the property owner obtained approval of Minor Variance Application A2000-015, to construct an addition having sideyard setback from Fairmount Road of 3.04 m rather than required 4.57 metres and to legalize an off-street parking space to be located 0.3 metres from the lot line abutting Fairmount Road rather than required 6 metres. The purpose of this application is facilitate the construction of a carport for a single detached dwelling to be located 3.05 m (space #1) from Fairmount Road and to legalize the setback of a parking space that was created beside the original parking space (space #2). Staff visited the site on November 29, 2022. Aerial photo 2021 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 property is designated as Low Rise Residential which places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variances would facilitate a carport addition to the existing single detached dwelling and meet the general intent of the Official Plan. Page 109 of 255 View from Fairmount Road General Intent of the Zoning BV -law The intent of the 6 metre setback for the required parking space (space #1) and the carport is ensure that vehicles may park in front of the structure without impacting the streetscape. There remains sufficient room between the proposed carport and the paved portion of the street that vehicles will not overhang the street. It is noted that there is no sidewalk along this portion of Fairmount Road. The intent of the depth of a parking space (#2) to be 5.5 metres is to also ensure that vehicles do not overhang City sidewalks or streets. As noted in the aerial photo above, there is no sidewalk along this portion of the property and there is sufficient land between the lot line and the paved portion of the street for a vehicle. See photo above. The intent of the rear yard setback is to ensure a sufficient amenity area can be provided on site and to ensure an appropriate separation from adjacent properties. Staff are of the opinion that the rear yard setback of 5.7 metres will be sufficient and maintain an adequate amenity area. Is/Are the Effects of the Variance(s) Minor? Transportation Planning staff have advised that it has no objection to the variances. The proposed carport and space #1 are located further back than what existed in 2000, which is better aesthetics for the streetscape. Space #2 has existed for some time and there has been no complaints received to date. Staff are of the opinion that the requested variances related to parking setback and parking stall length meet the intent of the Zoning By-law as both spaces can accommodate a vehicle without impacting the city right-of-way as is visible in the street view image above. Page 110 of 255 The resulting rear year will be sufficient in size and depth as its deficiency will not negatively impact the adjacent property. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed carport and parking setback variance (#1) will permit vehicles to park in the carport and driveway with adequate room for them. The current driveway has existed without complaints and the driveway is well maintained. As a result, the variances are desirable and appropriate in the opinion of staff. View from Sheldon Ave N towards Fairmount Road Environmental Planning Comments: No concerns. Building Division Comments: No objections to the proposed variance provided building permit for the carport is obtained prior to construction. Please contact the Building Division at building(@kitchener.ca with any questions. Engineering Division Comments: No comment. Parks/Operations Division Comments: No comments. Page 111 of 255 Transportation Planning Comments: Transportation Services supports the proposed parking setback of 3.05m from the required 6.0 metres setback from the property line for the car port parking space noted on the plan (labeled as space 1). The plan also notes a second parking space (labeled as space 2), which encroaches into the City of Kitchener right-of-way by 2.45 metres, which is also supportable. Planning comments: Although the City cannot sanction encroachments, small compact cars range in 3 metres to 4.3 metres in length and the parking space would be suitable for a compact car on the smaller end of the length scale. Ministry of Transportation Comments No objection to this application. The subject property does fall within the MTO permit control, however given the proposed scope of work and separation from the highway network, MTO review, approval and permits will not be required. 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 • Committee of Adjustment decision A2000-015 to permit construction of an addition having a sideyard setback from Fairmount of 3.04 m (rather than 4.57 m) and to legalize an off-street parking space located 0.3 m from the lot line abutting Fairmount Rd (rather than 6 m). Page 112 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 113 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 114 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 115 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 116 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 117 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 488 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 280 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 118 of 255 Page 119 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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 10 DATE OF REPORT: December 7, 2022 REPORT NO.: DSD -2022-493 SUBJECT: Minor Variance Application A2022-141 - 488 Duke Street West RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-141 for 488 Duke Street West requesting relief from: i) Section 39.2.1 of Zoning By-law 85-1, to permit a front yard setback of 5.1 metres instead of the minimum required 6.8 metres; and; ii) Section 39.2.1 of Zoning By -Law 85-1 to permit an interior side yard setback of 1.1 metres instead of the minimum required 1.2 metres; to facilitate the construction of a covered front porch, generally in accordance with drawings prepared by Carole Boucher Architect, dated October 26, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-141 for 488 Duke Street West requesting relief from: i) Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a front yard setback of 5.1 metres instead of the minimum required 6.8 metres; and ii) Section 7.3, Table 7-2, of Zoning By -Law 2019-051, to permit an interior side yard setback of 1.1 metres instead of the minimum required 1.2 metres; to facilitate the construction of a covered front porch, generally in accordance with drawings prepared by Carole Boucher Architect, dated October 26, 2022, BE APPROVED, subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 120 of 255 amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the construction of a covered front yard porch. • 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 488 Duke Street West (subject property). BACKGROUND: The subject property is located on the North side of Duke Street West and is located near the intersection of Duke Street West and Bismark Avenue. The subject property currently contains an existing 1 '/2 storey single detached dwelling. The area is predominantly a low-rise low-density neighbourhood. The subject property is identified as `Major Transit Station 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 Five Zone (R-5)' in Zoning By-law 85-1, and `Low Rise Residential Four Zone (RES -4)' in Zoning By -Law 2019-051, which is currently under appeal. The purpose of the subject minor variance application is to facilitate the construction of a covered front porch on the subject property. Specifically, the variances are as follows: to permit a front yard setback of 5.1 metres instead of the minimum required 6.8 metres; and to permit an interior side yard setback of 1.1 metres instead of the minimum required 1.2 metres. Page 121 of 255 Front view of house at 488 Duke Street West (subject property). View of property from Google Maps Street view (October 2020). REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: Page 122 of 255 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 currently contains a single detached dwelling and the proposed the construction of a front covered porch space is a typical and natural extension of a single detached dwelling. As the built form will continue to compatible in massing and scale and is an appropriate use of the property, it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the regulation for properties within an "Established Neighbourhood" area requiring a front yard setback of 1 metre of the average of the neighbouring properties minus a metre is to ensure redevelopments support a consistent streetscape in the established neighbourhood. In this case, the majority of the existing dwelling will maintain the established front yard setback. The proposed setback of 5.1 metres of the covered front porch will facilitate the conversion and minor extension of the existing concrete front step into a covered front porch that will continue to maintain the established streetscape. The general intent and purpose of the by-law requirement for a minimum 1.2 metre interior side yard is to ensure an appropriate access can be maintained to the rear yard and that there is adequate buffering and minimal impacts between buildings. The proposed front porch will maintain the existing 1.1 metre side yard of the existing dwelling and still be sufficient in width to accommodate access to the rear yard and be an appropriate distance from the adjacent property. Staff are of the opinion that as an adequate front yard and building separation are provided, the requested variances for a reduction in both front and interior side yard setbacks meets the general intent of Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variance can be considered minor since they are not anticipated to cause unacceptable adverse impacts on adjacent properties. The deficiency of 0.1 metres for the interior side yard setback, and deficiency of in the front yard setback of 1.7 metres will not be discernible. The proposed interior side yard setback will provide an appropriate space from the adjacent property and the front yard setback will be compatible with the streetscape and provide an adequate front yard open space. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances to permit a reduction in the interior side yard setback and front yard setback are desirable and appropriate as they will facilitate the construction of an appropriately sized covered front yard porch space off of the existing single detached dwelling that will meet all other zoning requirements. It will provide a covered entrance and amenity area for the dwelling. Environmental Planning Comments: No concerns. 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 488 Duke Street West is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will Page 123 of 255 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 new front porch is obtained prior to construction. Please contact the Building Division at buildinq_(a)kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: No concerns. Regional Comments: There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 and/or 2019-051 ATTACHMENTS: Attachment A — Drawing included with application Page 124 of 255 AV L19:9z:W DZIMIZZOZ Page 125 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 126 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 127 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 128 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 129 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 130 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 131 of 255 Page 132 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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 4 DATE OF REPORT: December 7, 2022 REPORT NO.: DSD -2022-497 SUBJECT: Minor Variance Application A2022-142 2480 Homer Watson Blvd, Unit A2 RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2022-142 for 2480 Homer Watson Blvd, Unit A2, requesting relief from Section 12.2.1 of Zoning By-law 85-1 to permit a convenience retail outlet to have a Gross Leasable Commercial Floor Area of 310 square metres instead of the maximum permitted 225 square metres to allow Unit A2 in the existing commercial building to be occupied by a convenience retail use, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the use of a convenience retail outlet in an existing commercial building unit. • The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. • There are no financial implications. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 133 of 255 Image 1 — Location of Subject Property BACKGROUND: The subject property is located on the south side of Homer Watson Boulevard and is located near the intersection of Homer Watson Boulevard and Conestoga College Boulevard and is currently developed with a commercial plaza. The subject property is identified as `City Node' on Map 2 — Urban Structure and is designated `Commercial' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Arterial Commercial Zone (C-6)' in Zoning By-law 85-1 with Special Use Provision 65U and Special Regulation Provision 65R. The purpose of the minor variance application is to facilitate the use of one of the existing units in the commercial plaza for a convenience retail outlet. Specifically, the variance is as follows: To permit a Gross Leasable Commercial Floor Area of 310 square metres instead of the maximum permitted 225 square metres to allow the use for a convenience retail outlet Page 134 of 255 Image 2 - Photo of subject property (2480 Homer Watson Blvd, Unit A2) E T - E T - F Li Li A L. I I fL I I I if I -E i E T E E;T - E F H -LT II L T Image 3 - Proposed Convenience Retail Outlet (Unit A2) location in existing commercial building. Page 135 of 255 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is identified as `City Node' on Map 2 — Urban Structure and is designated `Commercial' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of the `City Node' designation, as specified in Section 3.C.2.24 of the Official Plan, is to provide primarily for commercial, and/or institutional uses that have a regional and/or city-wide orientation, while the Commercial designation is intended to provide for a range of retail and service commercial uses that cater primarily to the weekly and daily needs of residents within the surrounding neighbourhoods. Staff note that the use of a retail is permitted under Section 15.D.5.17. A convenience retail outlet is a permitted and complementary use and will the serve the needs of the surrounding neighbourhood and support a walkable and complete community. Staff are of the opinion that the requested minor variance meets the intent of the Official Plan. General Intent of the Zoning By-law The subject property has not been zoned under new Zoning By-law 2019-051 to implement the City Node identification and `Commercial' land use designation. Based on the land use designation, convenience retail would be a permitted use and the size of convenience retail would not be regulated in new Zoning by-law 2019-051. Under Zoning By-law 85-1, permitted uses for lands zoned `Arterial Commercial Zone (C-6)' include financial establishment, gas bar, health office, personal services, and restaurant. The intent of permitting these uses is to ensure that convenience commercial uses within the lands zoned `C-6' are supportive of the needs of residents in the immediate and surrounding communities and that larger commercial and retail uses are directed to Urban Growth Centre, Nodes and Corridors. An increase in the unit gross floor area by 85 square metres is not discernable and will still be maintaining the scale of the retail use contemplated by the `C-6' zone. Staff are of the opinion that the proposed size of the Convenience Retail Outlet would continue to support the needs of the adjacent neighbourhoods and maintain the intent of the `C-6' zone. Accordingly, Staff are of the opinion that the requested minor variance meets the intent of Zoning By-law 85-1. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the effects of the variance will be minor as a convenience retail outlet is a permitted use and it is appropriately located within a multi -unit commercial building and plaza. The additional floor area will not adversely impact the functioning of the commercial plaza nor the commercial function of the C-6 zone. 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 facilitate the use of an existing unit for a convenience retail outlet, which use is appropriate and desirable in this location. Environmental Planning Comments: No concerns. Page 136 of 255 Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to convenience store is obtained prior to buildinq_(a)kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No concerns. the proposed variance provided building permit for the construction. Please contact the Building Division at Transportation Planning Comments: Transportation Services have no concerns with the application, provided that the parking requirement is being satisfied. Planning Comments: The parking requirement that has been applied to the subject property is a `Plaza Complex' parking requirement. This requirement allows units in a commercial plaza to change in use without necessitating the need to recalculate the required parking. The minimum parking requirement will not change with the convenience retail use. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 ATTACHMENTS: Attachment A — Drawing submitted with application Page 137 of 255 -31 3311 - 13' Page 138 of 255 IT b 3 :2 -31 3311 - 13' Page 138 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 139 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 140 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 141 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 142 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Cc: McIver. Maureen (MTC) Subject: RE: MTO Comments A 2022_142 2480 Homer Watson Boulevard#A2 Date: Thursday, November 24, 2022 12:25:15 PM Attachments: imaae001.12no imaQe002.r)nQ imaae003.12no imaQe004.r)na image005.12no imaQe006.r)na image007.12no imaae008.ona image009.12no IMI Allison, II"ve since Irealliized t1hat IM 1FO Ihas alllready !issued a Ipelrmiit for t1his siite.. " the IMiilnii airy of lFiralnspolrtatiioln (IM "'Ii'"0) Ihlas no olbjeotiioln to thiis alplplliioaboln„ II alpollogii e for any confusion. Rhalrnik you, 1C.'IreirfnllahY .Dohs nsn::o n Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Johnston, Jeremiah (MTO) Sent: November 24, 2022 12:05 PM To: Committee of Adjustment (SM)<CommitteeofAdjustment@kitchen er.ca>; CofA@kitchener.ca Cc: Hodgins, Allan (MTO) <AIIan.Hodgins@ontario.ca>; McIver, Maureen (MTO) <Maureen.Mclver@ontario.ca> Subject: RE: MTO Comments A 2022_142 2480 Homer Watson Boulevard#A2 IHii Allison, Phe Ministry of lFiraln Ipolrtatiiolrn (IM f FO) has oolrnlplleted its ireviiew of the proposed works at 2430 II Nolrnelr Watson 13oullevalyd,. "Rhe Ipllaln Ihas been considered lin accordance with the IPulblliio I"I ralnspolrlafioln and Highway Ilimplrovelrxnelnt /dot (IP"'I'"IH IIA), IM"'I'" 's Highway Corridor IMalnagelrnelnt IMalnuall SII II IMIM) and all Irellated guiidelliilnea and Ipolliioiies.. "Flhe follllowiiing outliilnea our oolrn~nlrnelnta„ Phe subject property is liin olloae Iplrox1irn fifty to II Niiglhway 401, a CIlaaa 1A F::freeway with a Iposted speed of 100 Iklrn/lh fir, and !is designated as a ontirolllled Access II Niighway.. As such, all Ireg,uiilrelrrielnIta, guiidelliilnea and Ibest practices liin accordance with this ollaaaiifiioatiioln and designation shall alplplly.. Page 143 of 255 Phe owineir should Ibe aware that the property falls wiitlhiiin IM11 O's IPeirirniit Control Area, and as such, Ilii"'ICC Permits are required (before any dernolliitiion, grading, construction or alteration to the site colrnlrnelnces.. Illn accordance with the Clntalriio 13uiilld!ling Code, irn~nuiniiciilpall permits irnay snot Ibe issued uintiill such tiilrne as all otlheir applicable requirements (ii,.e..,, IM "'1'°0 Iperimiits/alplprovalls) are satiisfiied.. As a condition of IM "'10 Ipeirrniit(s) IM 1F0 will require the following foir review alplpirovall„ Iliitu lilldiing and 11 and Use IFleirimlit A IM FO Building and I1....aind Use IPeirrniit its required. As a condition of Ilii"'FO Iperirniits, the following shall Ibe Iplroviided„ "'IFIhe IProlpoineint shall subirniit an acceptable SiiteIi:111an, and Site Servicing Plain for IM 1F0 review and approval. These plains shall clearly identify all structures/works (existing and proposed). Geineirall Comments * IM "'Ii'"C permits cain Ibe obtained viia this welbsiite Ili:.:Lp...::.iI.Q.:... v,. in,.c � IM "'Ii'"C anticipates receiving additional Iplains aind submissions as the Ipiroject advainces,. IPlease feell free to contact irne directly should you have any questions. IC"Ihainik you, a01'OrV"60ahJC)h "USa:Orn Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11-3 M: (226)-980-6407 From: Committee of Adjustment (SM) <2.m .e.clfAd..,iustment0kilc�iener.c.a> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any Page 144 of 255 conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to :......... Ikiitclheneir.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 145 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 2, 2022 REPORT NO.: DSD -2022-509 SUBJECT: Minor Variance Application A2022-143 - 10 Pattandon Ave RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2022-143 for 10 Pattandon Avenue requesting relief from Section 48.2.3 of Zoning By-law 85-1, to permit a Maximum Additional Building Floor Area in the `Existing Use Zone (E-1)' of 38.6% (35.2 square metres) instead of the maximum permitted 25% (22.8 square metres) to facilitate the construction of an attached garage at the rear of the existing building, generally in accordance with drawings, prepared by Alex Josic, dated October 24t", 2022, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to recommend the approval of Minor Variance A2022-143 to allow additional building floor area in the 'E-1' zone for the construction of an attached garage. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located on the westerly side of Pattandon Avenue close to the intersection of Pattandon Avenue and Borden Parkway. It is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Open Space' on Map 12 - the Mill Courtland Woodside Park Neighbourhood Plan Secondary Plan. The property is zoned `Existing Use Zone (E-1)' in Zoning By-law 85-1. The purpose of the minor variance application is to permit an increase in the amount of permitted additional floor area to facilitate the construction of an attached garage having a floor area of 35.2 square metres (38.6%) instead of the maximum permitted 22.8 square metres (25%). The applicant is proposing for the additional space to meet interior parking dimensions and to have sufficient space in the garage for everyday use. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 146 of 255 City Planning staff conducted a site inspection of the property on November 25th 2022. Figure 1: Location Map: 10 Pattandon Ave Figure 2: Front view of subject property Page 147 of 255 N78'13'10" TPROPERTY LINE _ . . . . . .. ........ ...... IT 0 4_1 7.5 M FOEI 8ACK k 72 0 IRI cur K91 z �J, 0B W (D 11 > .fin w ?fI 4,46 Z 4� �:)RO�IERTY UNF N7870'20" W 18,238 NI All Figure Figure 3: Proposed garage on site plan Page 148 of 255 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 `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Open Space' in Mill Courtland Woodside Park Secondary Plan in the 1994 Official Plan. The Open Space designation in this Plan is intended to reserve lands for district or city scale recreational facilities as well as to identify areas unsuitable for development due to steep slopes, possibility of flooding or poor soils and are considered to be hazard lands. In Open Space areas also designated as Two -Zone Policy Areas, the intent of the Open Space designation is to recognize the danger associated with the floodway portion of the flood plain through prohibition of new urban development while recognizing the presence of existing urban development in the floodway. Existing development is zoned to permit all legally existing uses and will be subject to GRCA approval. Alternative uses may be permitted provided that the subsequent use is compatible with surrounding land use designations and no new dwelling units are created. The Official Plan states that in a two -zone policy area development or site alteration is permitted provided the effects and risk to public safety are minor so as to be managed or mitigated in accordance with the Province's standards. The development or site alteration must be carried out in accordance with floodproofing standards, protection works standards, and access standards; new hazards are not created and existing hazards are not aggravated; and no adverse environmental impacts will result. The GRCA has indicated that minor additions or passive non-structural uses are generally permitted in the floodway if they do not affect flood flows and have no concerns with the garage in this respect. Staff is of the opinion that as the garage is an extension of the existing single detached residential use and no new units are created the requested variance meets the intent of the Official Plan. General Intent of the Zoning By-law The zoning of the subject property is `Existing Use Zone (E-1)' where only the existing use, `as -is', is permitted to continue on the subject lands. Section 48.3.2 does permit minor additions and alterations to buildings existing on the date that the `E-1' zone was applied to the lands subject to GRCA approval, only to a maximum of 25% of existing building floor area. Staff is of the opinion that as the addition can obtain a GRCA permit the increase in 12.4 square metres will meet the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The applicant is requesting to have an additional 12.4 square metres of building floor area (38.6%) to have a more useable attached garage. As the increase will not have negative impacts on the floodway, the effects of the requested variance will be minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the requested variance is desirable and appropriate for the use of the property as it will facilitate construction of an attached garage that will be useable in that it will be able to provide an adequately sized parking space and space for storage. Environmental Planning Comments: No natural heritage or tree management concerns. Page 149 of 255 Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the garage is obtained prior to construction. Please contact the Building Division at building _(@kitchener.ca with any questions. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. However, it should be noted that it appears a portion of the existing driveway encroaches onto the neighbouring property at 6 Pattandon Avenue. GRCA Comments: Recommendation The GRCA does not have concerns with the requested variance but will request that floodproofing and structure measures are included in the design. A GRCA permit is required prior to construction. Documents Reviewed by Staff Staff have reviewed the site plans (AFJ Building Design, revised October 24, 2022) submitted with this application. GRCA Regulatory Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. Information currently available at our office indicates that the subject lands contain the Shoemaker Creek floodplain. This floodplain is a Two -Zone Policy Area, and the portion of the floodplain affecting the property is designated as a floodway. The floodway is the inner portion of the floodplain where the deepest and fastest flows occur, and consequently where development is significantly restricted. Minor additions or passive non-structural uses are generally permitted in the floodway if they do not affect flood flows. We have no concerns with the garage in this respect. A GRCA permit is required prior to construction. As part of the application, we will request design details demonstrating that the garage is floodproofed appropriately, securely anchored to grade, and constructed to withstand hydrostatic pressures from flood flows. Advisory Comment This property does not meet GRCA's residential safe access standards forfloodplain ingress/egress. We will not permit any additional dwelling units on the property. This is considered a `minor' minor variance application. Consistent with GRCA's 2022 approved fee schedule, we will invoice the applicant $290 for our review. A separate fee will be required for a GRCA permit. Page 150 of 255 We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a-grand river. ca. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (1994) Secondary Plans • Zoning By-law 85-1 Page 151 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 152 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 153 of 255 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C)Id I`d 113 `M6 Ph4' in(.'k:'k P) 62 1 2/0 1 Tod@ freer 14('56 (.)C)U 4/,,.12 Fax;:,11) 021 4,S44 wwwgrandriver.ca Go n November 25, 2022 Committee of Adjustment City of Kitchener 200 King Street West Kitchener ON N2G 4V6 CofAa,kitchener.ca Re: Minor Variance Application A2022-143 10 Pattandon Avenue, Kitchener Adam Basaralea Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for a garage. Recommendation The GRCA does not have concerns with the requested variance, but will request that floodproofing and structure measures are included in the design. A GRCA permit is required prior to construction. Documents Reviewed by Staff Staff have reviewed the site plans (AFJ Building Design, revised October 24, 2022) submitted with this application. GRCA Regulatory Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. Page 1 of 2 C ri'',) e i, oi,,(-,rv,'aIirraa ()rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A i C, I i o r i r i t-, ih'ie aC,rrri(J A Canadian 4leric�,r e River Page 154 of 255 Information currently available at our office indicates that the subject lands contain the Shoemaker Creek floodplain. This floodplain is a Two -Zone Policy Area, and the portion of the floodplain affecting the property is designated as a floodway. The floodway is the inner portion of the floodplain where the deepest and fastest flows occur, and consequently where development is significantly restricted. Minor additions or passive non-structural uses are generally permitted in the floodway if they do not affect flood flows. We have no concerns with the garage in this respect. A GRCA permit is required prior to construction. As part of the application, we will request design details demonstrating that the garage is floodproofed appropriately, securely anchored to grade, and constructed to withstand hydrostatic pressures from flood flows. Advisory Comment This property does not meet GRCA's residential safe access standards for floodplain ingress/egress. We will not permit any additional dwelling units on the property. This is considered a `minor' minor variance application. Consistent with GRCA's 2022 approved fee schedule, we will invoice the applicant $290 for our review. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or th eywood (a -)-q rand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Encl. Resource Mapping cc: Alex Josic, AFJ Building Design Page 2 of 2 Page 155 of 255 y%+ N (!) o •L O Q Q za c � O i L ❑ (6 ❑ Q Qi ❑ r� i ❑ Ui ❑ y� ❑ U .... o LL U U Z N n a ¢ DoE a U N T U N d' 00 OU _ Q _ U C U N C d ... yQ: >4: Q N U Q -p N .� y rp Q T J>>Q�Q "N EaoNa'm.3ma3 = U U N .X — �' N C7 (D LL Co ❑ LU N - Y C U Q i a C i N N N N Q y °> o w w w Lu s rn rn rn Lu Lu Q O F O U) — Un U) o a a a a E o > w ,r,� m m m m m 0-' 0-' J w O O O 0 c o- �o oaaal Q Q.a , N € d D< sm d�a a YQco a o~ E E u c Q a. d a 'p m - a s 2. .y — a a a a o a 9 Q a m �ic2 m ,.. o a C6 2 Z lj _ ^, r ruff, 1 r m / /� 1l / 11 ^ �' �jrr fu r it r , i,ll %Y �' � 1,, ✓ r % r; y / r " �Y it r% ✓fir/%�/�,-�/�i 1,�,/./,/" //// , r / o,/ "/ ,.//��fi ,,ii/ I- lr� 1�Ir �� / ✓rc I / r / � / /:'. ,, �/ ` °r' ,. ,,, ///�¢��/Ilik ��F�/r/�f/� urr 11/1 L��' /',�� /I io%' / +„rl- �r di �iii�p6Y'f�� .: i i% !/ � 1 �1:�/ i %G,,. /i/1� l / /r/� � ,i /�//i �/ /',,/' ��i✓ r�r c. c�Oo / /rr � .✓ // // / / 'rte f // / /.�� `f"'^ �.'^m.: � � /� /�: / ✓�,” '��J ��ll(�(I,�I�/� 1�� '' // / / If i Z From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 157 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 488 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 280 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 158 of 255 Page 159 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: December 2, 2022 REPORT NO.: DSD -2022-510 SUBJECT: Minor Variance Application A2022-144 - 21 Third Avenue RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-144 for 21 Third Avenue requesting Permission under Section 45(2)(a)(i) of the Planning Act to permit the enlargement or extension of a legal non -conforming use, a printing and publishing establishment, to facilitate the construction of a two-storey addition at the front of the existing building having a building floor area of 101.3 square metres for the total building gross floor area on the property of 600 square metres, generally in accordance with the Site Plan, dated November 16, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-144 for 21 Third Avenue requesting Permission under Section 45(2)(a)(i) of the Planning Act to permit the enlargement or extension of a legal non -conforming use, a printing and publishing establishment, to facilitate the construction of a two-storey addition at the front of the existing building having a building floor area of 101.3 square metres for the total building gross floor area on the property of 600 square metres generally in accordance with the Site Plan, dated November 16, 2022, BE APPROVED, subject to the following; This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: The purpose of this report is to review and make recommendations on an application for permission for 21 Third Ave. There are no financial implications. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 160 of 255 BACKGROUND: The subject property is located near the intersection of Kingsway Dr and Third Ave and south of Highway 8. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1 and `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is to allow the enlargement and extension of a legal non -conforming use, to facilitate an addition proposed to be constructed onto the existing printing and publishing establishment. City staff conducted a site visit on November 25th, 2022. Figure 1: Location Map: 21 Third Ave Figure 2: Front view of subject property Page 161 of 255 ", ••,""•".• io-w IIrrN SHOW �„JNW ann� aursu arwpw nano — lYf r\ l ♦ ✓ �IYFV \x V REPORT: rxl'nSMt'r r Arr, mde,f�cti rvdUAnGJ n�It�Hf V -0J' PROPOSED 2 STOREY ADDITION BA=10,13r,n I — — ,.fd I aln}IPfiH f .s,urW�11:.Y ;x.r�mr � sau `Y al,rnrfa rXISTING dill 2 STOREY BUILDING tSA=215.6r ' �ra' aaann h ry -ut cl C ^1YPIti Q M10iL"Wi^. nr �c�. ��' G'::kl!3TIIWU GRAtlF;FC'I ACiLn 11.1111— A.", 1.11 NIU ds;r1 rcr111110 Figure 3: Site plan showing the proposed addition at the front Planning Comments: Case law sets out the tests to be applied by the Committee of Adjustment in considering applications under Section 45(2)(a)(i). It should be noted that the test to be applied is not the four-part test for minor variances under Section 45(1) but rather whether the approval of the application: 1. Is in the public interest; and 2. Creates unacceptable or adverse impact upon abutting properties. Is Approval in the Public Interest? Staff are of the opinion that the approval of this application is in the public interest because it will result additional floor space that will support the commercial use on this site that has existed as a commercial property since at least 1995. The subject property is currently within a residential zone; however, the property is located directly adjacent and in line with the commercial properties on Kingsway Drive that facilitates a transition between the commercial uses on Kingsway and the residential component of the neighbourhood. While the proposed addition is in the front yard, which increases the visibility of the building and the use, staff are of the opinion that the addition will allow the location of the front fagade to be more compatible and consistent with the rest of the streetscape. Page 162 of 255 Figure 4: Zoning Map Any Adverse or Unacceptable Impacts? Staff are of the opinion that permitting the extension of the legal non -conforming use of the printing and publishing shop will not create any adverse or unacceptable impact. The site plan indicates that there will be a high fence, a visual barrier, adjacent to the Residential Zoned property on the south side to provide privacy for the residential use. Also, the use has existed for several years without a history of complaint. Staff note that the proposed two-storey extension will meet the parking requirements for a printing and publishing establishment and will be compatible with current building's massing, height, and setbacks. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the existing printing and publishing establishment is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: In speaking with Planning staff, Transportation Services have been made aware that the applicant complies with number of parking spaces and therefore, Transportation Services have no concerns with this application. Page 163 of 255 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 164 of 255 November 18, 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 ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 64, 332 CHARLES STREET EAST VIVE DEVELOPMENT CORPORATION (4, 5) VAR KIT, 83 SECOND AVENUE REVALUE PROPERTIES INCORPORATED (9) 28, 2480 HOMER WATSON BOULEVARD RI NO DAL BELLO Subject: Committee of Adjustment Meeting December 13, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 134 — 192 Kent Avenue — No Concerns. 2) A2022 -135— 100 Monteagle Crescent— No Concerns. 3) A 2022 - 136 — 332 Charles Street East — No Concerns. 4) A 2022 — 137 — 81 Second Avenue — No Concerns. 5) A 2022 - 138 — 83 Second Avenue — No Concerns. 6) A 2022 - 139 — 360 Wellington Street North — No Concerns. 7) A 2022 - 140 — 213 Sheldon Avenue North — No Concerns. 8) A 2022 - 141 — 488 Duke Street West — There are no Concerns about the proposed variance. However, the owners are advised that the plan provided in the application shows that the existing fence in the rear of the property is encroaching into the Regional right-of-way of the Region's spur line. Staff advise that any encroachments within the Regional right-of-way are not allowed and may be removed by the Regional forces at the owner's cost. 9) A 2022 - 142 — 2480 Homer Watson Boulevard #A2 — No Concerns. Document Number: 4230537 Page 1 of 2 Page 165 of 255 10) A 2022 - 143 — 10 Pattandon Avenue — No Concerns. 11) A 2022 - 144 — 21 Third Avenue — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofAa-)Kitchener. ca 2 Page 166 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 167 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 168 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 136 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 169 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 170 of 255 Page 171 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: December 2, 2022 REPORT NO.: DSD -2022-511 SUBJECT: Consent Applications B2022-058 to B2022-059 - 243 Connaught St RECOMMENDATION: Consent Application B2022-058 (Severed Lot) That Consent Application B2022-058 requesting consent to sever a parcel of land having a lot width of 10.08 metres, a lot depth of 23.62 metres and a lot area of 236.48 square metres, and consent to create a 1.5 metre wide Maintenance Easement for the side of the new semi detached dwelling unit on the lands to be Severed, as shown as Part 3 on the Draft Reference Plan, attached to Report DSD -2022-511, in accordance with drawings prepared by Can - Connect Developments Inc., dated October 31, 2022, BE APPROVED subject to the following conditions: 1. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Supervisor, Development Applications: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 172 of 255 any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 5. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 6. That the property owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the property owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 8. That the property owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 9. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 10. That the property owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 11. That the property owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to $11,862.00 of the value of the lands to be severed. 12. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Supervisor, Site Plans, and registered on title of the severed and retained lands, which shall include the following: a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed and retained lands, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. Page 173 of 255 c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 13. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 14. That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. Consent Application B2022-059 (Retained Lot) That Consent Application B2022-059 requesting consent to create a 1.5 metre wide Maintenance Easement for the side of the new semi detached dwelling unit on the lands to be Retained, as shown as Parts 4 and 5 on the Draft Reference Plan, attached to Report DSD - 2022 -511, BE APPROVED subject to the following conditions: 1. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Supervisor, Development Applications: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 2. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 5. That the property owner shall: a) complete a Building Code Assessment for the existing dwelling proposed to be located on the retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation Page 174 of 255 calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 6. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 7. That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for consent to sever a semi-detached dwelling, so that each half of the semi-detached dwelling may be dealt with independently. • There are no financial implications. • This report supports the delivery of core services. Image 1 - Subject Property — 243 Connaught Street BACKGROUND: The subject property is located at the intersection of Fourth Avenue and Connaught Street. The property is generally square in shape, with the front property line being along Connaught Street. The site is currently occupied by a single detached dwelling and is surrounding by existing low-rise residential uses including single detached dwellings, semi-detached dwellings, and multiple dwelling buildings. 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 Four Zone (R-4)' 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. Page 175 of 255 In May of 2022, the Committee considered Consent Application B2022-033 and associated Minor Variance Applications A2022-058 and A2022-059 to create a new lot for a duplex dwelling. Planning staff were unable to provide support for the consent and minor variance applications and recommended refusal. The Committee agreed with Planning staff's recommendation and the applications were refused. Image 2 - Front View of Subject Property Subsequent to the May meeting the applicant met with staff several times to determine how best to gently intensify the subject property. Planning staff suggested that a semi-detached dwelling may be a more appropriate redevelopment of the subject property given the size of the subject property and the prevalence of semi-detached dwellings on similar sized lots in the neighbourhood. The applicant has worked with Planning and Building staff to develop a plan to build an addition onto the existing single detached dwelling to create a new semi-detached dwelling. The applicant has submitted a Building permit for the addition, for the semi-detached dwelling unit, which is currently under review. The purpose of the consent application is to sever the semi-detached dwelling on the common lot line and create the necessary maintenance easements so that each half of the new semi-detached dwelling can be dealt with independently. Page 176 of 255 Image 4 - Proposed Front Elevation Page 177 of 255 CONNAUGHT STREET (ESTAB'USHEO f3Y ;'[AN N,,,. 2�4) A1,CLE f,?p 105rr 77, j; 4-17,—=r77.II1 PART 3 PART PART 2 "N PART 7s au SEE DETAIL A ,i P N, 225�6' — 0004 11 TC �1 HL Image 3 - Proposed Lot Fabrics and Easements Image 4 - Proposed Front Elevation Page 177 of 255 Image 5 - Proposed Rear Elevation REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will facilitate a form of gentle intensification of the subject property with the creation of a new semi-detached dwelling that will be compatible with the surrounding neighbourhood and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in closer proximity to trails and parks. Page 178 of 255 Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject lands are located within the City's delineated built up area. The proposed development represents intensification and will contribute towards achieving the City's intensification density targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan City's Official Plan (2014) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; C) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Page 179 of 255 Established Neighbourhood Development Pattern Zoning By-laws 85-1/2019-051 The subject property is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1 and `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The R-4 zone permits a range of low- density dwelling types such as single detached dwellings. The R-4 Zone requires a minimum lot width of 9.0 metres and 12.5 metres for semi-detached dwellings on a corner lot. A minimum lot area of 235 square metres is required for semi-detached dwellings. The RES -4 Zone requires a minimum lot width of 7.5 metres and 12.0 metres for semi-detached dwellings on a corner lot. A minimum lot area of 210 square metres is required for semi-detached dwellings. The proposed lot widths and lot areas of the proposed severed and retained lots will exceed the minimum R-4, and RES -4 zone lot width and lot area requirements. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Page 180 of 255 Environmental Planning Comments: It is recommended that the standard condition be applied to enter into an agreement on both the severed and retained lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to demo, grading, building permit etc. Heritage Planning Comments: No Heritage Planning concerns. Building Division Comments: The Building Division has no objections to the proposed applications provided: 1. A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades that maybe required by the building code assessment. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Katie Wood (katie.wood(a)kitchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Division Comments: A cash -in -lieu of park land dedication will be required for the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862.00. No concerns with proposed easements. Transportation Planning Comments: Driveway visibility triangles (DVT) of 4.57m x 4.57m be noted on the plan for access points along Connaught Street and Fourth Avenue. Maximum height of encroachment into the driveway visibility triangles (DVT) is 0.9m. Page 181 of 255 Region of Waterloo Comments: The owner/applicant is proposing to sever the existing lot into two parcels in order to build a semi- detached dwelling. The existing dwelling on the retained lands is to remain. Regional staff note that a previous consent application for the subject lands was heard in May 2022 as B2022-033. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consents. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant is advised that the subject lands are located within an airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Jordan Vander Veen Senior Engineer, Region of Waterloo International Airport Phone 519-648-2256 Ext 8514 Email: Ivanderveen(a�regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. Page 182 of 255 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/or 2019-051 • Report DSD -2022-245 - Consent Application B2022-033 and associated Minor Variance Applications A2022-058 and A2022-059 Page 183 of 255 FOUPIN AVENUE -'i is rik -- — — — — — — — - P T' ART 7 PAR 7 1 --------- --------- ---------------------------- P' 7 - PART a. x [)A RT 3 L r6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - L h.� 10 013 JF, J 7 , $ � Em rLi N, 44 F7;i .�A pm G "n Draft Reference Plan Page 184 of 255 1T/1_\01t•/_1II Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Srretot 8th Floof Kitchener Ontario N2G 4A Canada Telephone;,: 519-575-4400 f TY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/22 KIT November 28, 2022 Re: Comments for Consent Applications CC2022-002, CC2022-003, VT2022-001, B2022-046, B2022-058, B2022-059, and B2022-060 Committee of Adjustment Hearing December 13, 2022 CITY OF KITCHENER CC2022-002 and CC2022-003 138, 150-154 Victoria Street South and 100 Park Street Innovation Developments Kitchener Ltd (Owners) / K. Barisdale — GSP Group Inc. (Applicant) The owner/applicant is proposing to change consent conditions from B2021-004 (land swap) and B2021-005 (easements) relating to the owner/applicant obtaining a tax certificate to verify that there are no outstanding taxes on the subject lands. The Region has no objection to the proposed application. VT2022-001 280 Highland Road East KSH Corporation (owners) / T. Sanderson — Miller Thomson LLP (applicant) Document Number: 4230434 Page 1 of 4 Page 185 of 255 The owner/applicant is seeking a validation certificate affecting a technical correction to a sewer easement. The Region has no objection to the proposed application. B2022-046 78-80 Old Chicopee Drive Estate of Maria Kruppa (Owners) / Steven Grant (Madorin, Snyder LLP — Applicant) The owner/applicant is proposing to sever the existing semi-detached home into two distinct parcels so that they can be sold separately. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. B2022-058 and B2022-059 243 Connaught Street Lee Lynhiavu (Owner) / Khaled Berbasah (Can -Connect Developments Inc — Applicant) The owner/applicant is proposing to sever the existing lot into two parcels in order to build a semi-detached dwelling. The existing dwelling on the retained lands is to remain. Regional staff note that a previous consent application for the subject lands was heard in May 2022 as B2022-033. Regional Fee: Document Number: 4230434 Page 2 of 4 Page 186 of 255 The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consents. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.region ofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant is advised that the subject lands are located within an airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Jordan Vander Veen Senior Engineer, Region of Waterloo International Airport Phone 519-648-2256 Ext 8514 Email: ivanderveen(cDregionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. Document Number: 4230434 Page 3 of 4 Page 187 of 255 B2022-060 17 Nelson Avenue Kalita Hanson and James Steinbach (Owners) The owner/applicant is proposing to sever the existing lot as a lot addition from 17 Nelson Avenue to 11 Norbert Place. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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: 4230434 Page 4 of 4 Page 188 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 189 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 190 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 191 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 192 of 255 Page 193 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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 1 DATE OF REPORT: December 7, 2022 REPORT NO.: DSD -2022-491 SUBJECT: Consent Application B2022-060 — 17 Nelson Avenue RECOMMENDATION: That Consent Application B2022-060 requesting consent to sever a parcel of land having a lot width of 18.26 metres, a lot depth of 137.84 metres and a lot area of 2517.2 square metres, from the property municipally addressed as 17 Nelson Avenue to be conveyed as a lot addition to the property municipally addressed as 11 Norbert Place, BE APPROVED subject to the following conditions: 1. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands, addressed as 11 Norbert Place. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. That the property owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 194 of 255 reasonable time following registration. 6. That, prior to final approval, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is that the applicant is requesting to sever the existing lot to convey the severed portion of the existing parcel as a lot addition to 11 Norbert Place. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located neigh on the easterly side of Nelson Avenue in the Bridgeport East Location Map — 17 Nelson Avenue The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1. The purpose of the application is to request consent to sever a rear portion of the existing property, municipally addressed as 17 Nelson Avenue, and convey as a lot addition to the property municipally addressed as 11 Norbert Place. The retained lands will have a lot area of 2365.1 square metres, a Page 195 of 255 lot depth of 129.52 metres, and a lot width of 18.27 metres. The severed lands to be conveyed will have a lot area of 152.1 square metres, a lot width of 18.26 metres, and a lot depth of 8.34 metres. Photo of Subject Property Planning staff conducted a site visit on December 5', 2022. REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff are of the opinion that severing the existing property to facilitate the conveyance of the severed portion to 11 Norbert Place is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Page 196 of 255 Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. The subject lands are located within the City's delineated built up area. The proposed severance and conveyance represent efficient use of existing land and infrastructure. Staff are of the opinion that the consent application is consistent with the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated 'Urban Growth Centres' in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; C) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Page 197 of 255 The retained lands will have a lot area of 2365.1 square metres, a lot depth of 129.52 metres, and a lot width of 18.27 metres. The severed lands to be conveyed as a lot addition to 11 Norbert Place will have a lot area of 152.1 square metres, a lot width of 18.26 metres, and a lot depth of 8.34 metres. Staff are of the opinion that the size, dimensions, and shape of both the subject property and 11 Norbert Place are compatible with the surrounding neighbourhood. Both properties front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. The consent application will have the effect of readjusting the boundary between the properties addressed as 17 Nelson Avenue and 11 Norbert Place and provide the property at 11 Norbert Place with a more regular in shape standard lot size and a more useable rear yard Staff are of the opinion that the proposed consent application conforms with the City's Official Plan. Zoning By-law 85-1 The subject property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1. The R-3 zone requires a 13.7 metre lot width and a 411 square metre lot area. Both the retained lands and the property to which the severed lands will be added exceed the minimum required lot area and lot width zone requirements. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. The uses of both the retained lands and the lands to which the lot addition is proposed, are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of both resultant lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: No natural heritage or tree management policies as no new development is proposed. Heritage Planning Comments: There are no heritage concerns. The property municipally addressed as 17 Nelson Avenue was reviewed for the Kitchener Heritage Inventory in 2010 and determined to have no cultural heritage interest or value. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: Engineering has no concerns. Parks/Operations Division Comments: No park dedication is required as the application proposes a lot addition and no new development lot is created. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Page 198 of 255 Region of Waterloo Comments: The owner/applicant is proposing to sever the existing lot as a lot addition from 17 Nelson Avenue to 11 Norbert Place. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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 (ROP) • Official Plan (2014) • Zoning By-law 85-1 ATTACHMENTS: Attachment A — Severance Sketch of Subject Property Page 199 of 255 i ,LLQ SON��`u ION A VENUE' I 717 '40 (A X Z!F T"TJ A 6 "0 diPr vM 09 53 �zz z Z 151 �R m AI "To I 717 '40 71 X Z!F T"TJ A 6 "0 53 i.Z z Z Severance Sketch of Subject Property Page 200 of 255 1T/1_\01t•/_1II Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Srretot 6th Floof Kitchener Ontario N2G 4A Canada Telephone;,: 519-575-4400 f TY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/22 KIT November 28, 2022 Re: Comments for Consent Applications CC2022-002, CC2022-003, VT2022-001, B2022-046, B2022-058, B2022-059, and B2022-060 Committee of Adjustment Hearing December 13, 2022 CITY OF KITCHENER CC2022-002 and CC2022-003 138, 150-154 Victoria Street South and 100 Park Street Innovation Developments Kitchener Ltd (Owners) / K. Barisdale — GSP Group Inc. (Applicant) The owner/applicant is proposing to change consent conditions from B2021-004 (land swap) and B2021-005 (easements) relating to the owner/applicant obtaining a tax certificate to verify that there are no outstanding taxes on the subject lands. The Region has no objection to the proposed application. VT2022-001 280 Highland Road East KSH Corporation (owners) / T. Sanderson — Miller Thomson LLP (applicant) Document Number: 4230434 Page 1 of 4 Page 201 of 255 The owner/applicant is seeking a validation certificate affecting a technical correction to a sewer easement. The Region has no objection to the proposed application. B2022-046 78-80 Old Chicopee Drive Estate of Maria Kruppa (Owners) / Steven Grant (Madorin, Snyder LLP — Applicant) The owner/applicant is proposing to sever the existing semi-detached home into two distinct parcels so that they can be sold separately. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. B2022-058 and B2022-059 243 Connaught Street Lee Lynhiavu (Owner) / Khaled Berbasah (Can -Connect Developments Inc — Applicant) The owner/applicant is proposing to sever the existing lot into two parcels in order to build a semi-detached dwelling. The existing dwelling on the retained lands is to remain. Regional staff note that a previous consent application for the subject lands was heard in May 2022 as B2022-033. Regional Fee: Document Number: 4230434 Page 2 of 4 Page 202 of 255 The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consents. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.region ofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant is advised that the subject lands are located within an airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Jordan Vander Veen Senior Engineer, Region of Waterloo International Airport Phone 519-648-2256 Ext 8514 Email: ivanderveen(cDregionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. Document Number: 4230434 Page 3 of 4 Page 203 of 255 B2022-060 17 Nelson Avenue Kalita Hanson and James Steinbach (Owners) The owner/applicant is proposing to sever the existing lot as a lot addition from 17 Nelson Avenue to 11 Norbert Place. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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: 4230434 Page 4 of 4 Page 204 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 205 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 206 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 14.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 207 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 488 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 280 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 208 of 255 Page 209 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 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 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 2, 2022 REPORT NO.: DSD -2022-508 SUBJECT: Validation of Title VT2022-001 - 280 Highland Road East RECOMMENDATION: That Application VT2022-001 requesting Validation of Title for an easement for servicing in favour of 274 Highland Road East, BE APPROVED subject to the following conditions: 1. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. REPORT HIGHLIGHTS: • The purpose of this report is to validate title for an easement for servicing. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The applicant is requesting Validation of Title for an easement for servicing in favour of 274 Highland Road East having a width of 3.0 metres, a depth of 30.4 metres and an area of 91.5 square metres (shown as Part 1 on Reference Plan 58R-16753). The easement was previously granted by the Committee of Adjustment in January of 2010 through Consent Application B2010-001. The property owner of 280 Highland Road East registered Notice of an Easement Maintenance Agreement and the Transfer Easement, but without evidence of the Secretary -Treasurer's Consent as required by the Planning Act. As such the deed for the Easement was not given the Certificate of the Official prior to registration and the 2010 consent application ultimately lapsed due to the failure to satisfy certain conditions (submission of the reference plan). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 210 of 255 REPORT: Planning Comments: Under Section 57(1) of the Planning Act a Certificate of Validation is used to retroactively correct a past error under section 50 of the Planning Act (including the failure to complete the consent process), often as part of a time -sensitive transaction. The request to for Validation of Title for an easement for servicing in favour of 274 Highland Road East having a width of 3.0 metres, a depth of 30.4 metres and an area of 91.5 square metres is appropriate and suitable for the existing use of the subject and adjacent lands. The easement over 280 Highland Road East is necessary for services and ensures 274 Highland Road East has adequate maintenance and access rights to services. Planning Staff recommends the application be approved. Building Division Comments: The Building Division has no objections for the validation of title. Engineering Division Comments: Engineering has no concerns. Region of Waterloo Comments: The Region of Waterloo has no concerns. Page 211 of 255 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: Consent Application B2010-001 Planning Act ATTACHMENTS: Attachment A— Reference Plan 58R-16753 Page 212 of 255 Administration Centre: 400 C lydcr R:)a(J, I'.0. Box )9 C arnL:)ridgcl �, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1.866 900 < 722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 November 23, 2022 GRCA File: December 13, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 CofA _Kitchener.ca Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — December 13, 2022 Applications for Minor Variance A 2022-135 100 Monteagle Crescent A 2022-136 332 Charles Street East A 2022-137 81 Second Avenue A 2022-138 83 Second Avenue A 2022-139 360 Wellington Street North A 2022-140 213 Sheldon Avenue North A 2022-141 488 Duke Street West A 2022-142 2480 Homer Watson Boulevard A 2022-144 21 Third Avenue Applications for Minor Consent B 2022-046 78-80 Old Chicopee Drive B 2022-058-059 243 Connaught Street B 2022-060 17 Nelson Avenue VT 2022-001 280 Highland Road East 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. Mrrrr7Wr Of Cwons rvatiun Ontario, reprvsr,nrinrl Ontario's 36 Cori vrvatarn Authorities I 1 -he Grand - A Canadian Flent, rge River Page 213 of 255 Should you have any questions, please contact me at icon rov(CD-grandriver. ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 214 of 255 1T/1_\01t•/_1II Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Srretot 6th Floof Kitchener Ontario N2G 4A Canada Telephone;,: 519-575-4400 f TY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/22 KIT November 28, 2022 Re: Comments for Consent Applications CC2022-002, CC2022-003, VT2022-001, B2022-046, B2022-058, B2022-059, and B2022-060 Committee of Adjustment Hearing December 13, 2022 CITY OF KITCHENER CC2022-002 and CC2022-003 138, 150-154 Victoria Street South and 100 Park Street Innovation Developments Kitchener Ltd (Owners) / K. Barisdale — GSP Group Inc. (Applicant) The owner/applicant is proposing to change consent conditions from B2021-004 (land swap) and B2021-005 (easements) relating to the owner/applicant obtaining a tax certificate to verify that there are no outstanding taxes on the subject lands. The Region has no objection to the proposed application. VT2022-001 280 Highland Road East KSH Corporation (owners) / T. Sanderson — Miller Thomson LLP (applicant) Document Number: 4230434 Page 1 of 4 Page 215 of 255 The owner/applicant is seeking a validation certificate affecting a technical correction to a sewer easement. The Region has no objection to the proposed application. B2022-046 78-80 Old Chicopee Drive Estate of Maria Kruppa (Owners) / Steven Grant (Madorin, Snyder LLP — Applicant) The owner/applicant is proposing to sever the existing semi-detached home into two distinct parcels so that they can be sold separately. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. B2022-058 and B2022-059 243 Connaught Street Lee Lynhiavu (Owner) / Khaled Berbasah (Can -Connect Developments Inc — Applicant) The owner/applicant is proposing to sever the existing lot into two parcels in order to build a semi-detached dwelling. The existing dwelling on the retained lands is to remain. Regional staff note that a previous consent application for the subject lands was heard in May 2022 as B2022-033. Regional Fee: Document Number: 4230434 Page 2 of 4 Page 216 of 255 The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consents. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.region ofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant is advised that the subject lands are located within an airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Jordan Vander Veen Senior Engineer, Region of Waterloo International Airport Phone 519-648-2256 Ext 8514 Email: ivanderveen(cDregionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. Document Number: 4230434 Page 3 of 4 Page 217 of 255 B2022-060 17 Nelson Avenue Kalita Hanson and James Steinbach (Owners) The owner/applicant is proposing to sever the existing lot as a lot addition from 17 Nelson Avenue to 11 Norbert Place. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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: 4230434 Page 4 of 4 Page 218 of 255 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM) Cc: Hodains. Allan (MTO); Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Thursday, November 24, 2022 10:27:55 AM Attachments: imaae001.12no imaae002.Dna imaae003.12no imaae004.Dna imaae005.12no imaae006.Dna image007.12no imaae008.Dna imaae009.12no A 2022-142 - 2480 Homer Watson Boulevard #A2.Ddf Good morning Alison, Separate comments will Ibe provided Moir 2022-142 - 2480 Homer Watson Boulevard, this property falls within MTO Permit Control area and will require MTO review and approval. Phese tthiree properties fall within IIVI"'ICO IPeirrniit Control arrea,; 2022 ii 4.0 213 Sheldon Avenue INoirth Phe IMiiniistiry of "'IC"i rairuslpoirtatiion (IM"'IC"O) Ihas iruo objection to this application. 'I the subject Iprolpeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and separation firom the highway netwoirlk, IM FO review, approval and peirmiits will not Ibe irequired.. 2022 14.4..... 21 'Rhiiird Avenue Phe IMiirniistiry. of "'IC"i ranslportatiion (IM"'IC"O) Ihnas no olbJeotiioirn to this application. 'I the subject Ipiropeirty does fall within the IM FO Ipeirmiit control, however given the proposed scope of work and selpairatiion firom the highway networlk, IM FO review, approval and Ipeirmiits will not Ibe required. 2022 058 243 Connaught Stireet Itlhe Ministry of lFirainslpoirtatiion (IM FO) has no objection to this application. "T'lhe subject Iprolpeirty does fall within the IM FO Ipeirmiit oointiroll, (however given the proposed scope of work and separation firom the highway netwoirlk„ IM FO review, approval and Ipeirmiits will not Ibe required. Phese eleven properties fall outside of IM FO F:1eirmiit Control Airea, Ili1'1tO Ihas no objection to these applications.. 2022 134,....192 (Kent Avenue 2022 135 100 Monteagle Crescent 2022 135 332 Charles Stireet (East 2022 137 81 Second Avenue 2022 138 83 Second Avenue Page 219 of 255 2022 139 360 Wellington Stlreet INolrtlh 2022 14.1 466 1Duke Street West 2022 14.3 10 IPattalndon Avenue 2022 04.6....'78 80 Old Chicopee IDiriive 2022 059 17 INellsoln Avenue 2022 001 230 Highland IPoad IE::::ast 1C hanik you, lereirrdah .1olilfYstoln Corridor Managernent Planner Corridor Management Section Ministry of Transporta Lion Operations Branch West. 659 Exeter Road, London, ON N6E 1.1.3 M: (226) 950-6407 From: Committee of Adjustment (SM)<C:c,r.nrni.112.2of.A.tj.u.s:t.rr�e.at...( k.iLch.ane.r .c..> Sent: November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 220 of 255 Page 221 of 255 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 5, 2022 REPORT NO.: DSD -2022-506 SUBJECT: Change of Conditions Consent Applications CC2022-002 and CC2022-003 - 92, 100, 102, 106, and 110 Park Street and 130, 138, 142, 150-154, and 162 Victoria Street South RECOMMENDATION: Change of Conditions Application CC2022-002 That Committee of Adjustment Decision B2021-004, dated February 16, 2021, be amended as follows: 1. That Condition No. 1 be deleted and replaced with the following Condition No. 1: "1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 92, 100, 102, 106, and 110 Park Street and 130, 138, 142, 150-154, and 162 Victoria Street South, to the satisfaction of the City's Revenue Division." 2. That Condition No. 3 be deleted and replaced with the following Condition No. 3: "3. That the owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor." Change of Conditions Application CC2022-003 That Committee of Adjustment Decision B2021-005, dated February 16, 2021, be amended as follows: 1. That Condition No. 1 be deleted and replaced with the following Condition No. 1: "1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 92,100, 102, 106, and 110 Park Street and 130, 138, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 222 of 255 142, 150-154, and 162 Victoria Street South, to the satisfaction of the City's Revenue Division." 2. That Condition No. 3 be deleted and replaced with the following Condition No. 3: "3. That the owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor." REPORT HIGHLIGHTS: • The purpose of this report is to change conditions of Consent Application Decisions B2021-004 and B2021-005. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject properties are located at the corner of Park Street and Victoria Street South. The subject properties are identified as `Urban Growth Centre' on Map 2 — Urban Structure and is designated `Mixed Use' on Map 4 — Urban Growth Centre (Downtown) in the City's 2014 Official Plan. The subject lands are zoned as follows: Address Base Zone Special Regulations 130 Victoria Street South Low Intensity Mixed Use Corridor Zone 1 R, 525R MU -1 138 Victoria Street South Low Intensity Mixed Use Corridor Zone 1 R, 525R, 401 U MU -1 142 Victoria Street South Low Intensity Mixed Use Corridor Zone 1 R, 525R (MU -1) 150-154 Victoria Street Medium Intensity Mixed Use Corridor 1 R, 524R South Zone (MU -2) 162 Victoria Street South Medium Intensity Mixed Use Corridor 526R, 401 U Zone MU -2 92 Park Street Medium Intensity Mixed Use Corridor 526R Zone (MU -2) 100 Park Street Medium Intensity Mixed Use Corridor 524R Zone MU -2 102, 106 and 110 Park Street Low Intensity Mixed Use Corridor Zone 401U MU -1 Special Regulation 1R requires a permit from the Grand River Conservation Authority. Special Regulation 524R outlines site specific regulations including setbacks and building height. Special Regulation 525R outlines site specific regulations including setbacks and lot width. Special Regulation 526R outlines site specific regulations for building height. Special Use Regulation 401 U prohibits certain sensitive land uses until a Record of Site Condition has been completed in accordance with the relevant Ontario legislation. Page 223 of 255 Figure 1. Location Map Figure 2. View of Site (November 29, 2022) Page 224 of 255 The purpose of the application is to update the civic addresses within the condition(s) to reflect a property merger and to add a condition that relates to the Certificate of Official. REPORT: Planning Comments: On February 16, 2021, Decisions B2021-004 and B2021-005 recommended approval of consent applications to allow a land -swap lot line readjustment and associated easement. Severance application B2021-004 proposed to sever a portion of 100 Park Street / 150-154 Victoria Street South that is 12.5 metres wide, 10.6 metres deep, with an area of 134.5 square metres, for the purpose of a lot addition to 138 Victoria Street South. Application B2021-005 proposed an easement over a portion of 100 Park Street / 150-154 Victoria Street South that is 7.6 metres wide, 35.3 metres in length, and an area of 269.5 square metres, in favour of as 130, 138, and 142 Victoria Street South for access. The change of conditions is to reflect a property merger and to update conditions accordingly. Planning staff have no concerns with the proposed change of conditions. Environmental Planning Comments: No concerns due to nature of application (no development). 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 138, 150-154 Victoria St. S. & 100 Park St. is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. It should be noted that 138 Victoria Street South is adjacent to a property of cultural heritage interest or value listed on the Municipal Heritage Register. Building Division Comments: The Building Division has no objections to the change of conditions. Engineering Division Comments: Engineering has no concerns. Parks/Operations Division Comments: Parks/Operations has no concerns. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: The Region has no objection to the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 225 of 255 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: • DSD -21-027 Report, Consent Applications B2021-004 & B2021-005 • 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 ATTACHMENTS: Attachment A — Committee of Adjustment Decision B2021-004 Attachment B — Committee of Adjustment Decision B2021-005 Page 226 of 255 1T/1_\01t•/_1II Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Srretot 6th Floof Kitchener Ontario N2G 4A Canada Telephone;,: 519-575-4400 f TY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/22 KIT November 28, 2022 Re: Comments for Consent Applications CC2022-002, CC2022-003, VT2022-001, B2022-046, B2022-058, B2022-059, and B2022-060 Committee of Adjustment Hearing December 13, 2022 CITY OF KITCHENER CC2022-002 and CC2022-003 138, 150-154 Victoria Street South and 100 Park Street Innovation Developments Kitchener Ltd (Owners) / K. Barisdale — GSP Group Inc. (Applicant) The owner/applicant is proposing to change consent conditions from B2021-004 (land swap) and B2021-005 (easements) relating to the owner/applicant obtaining a tax certificate to verify that there are no outstanding taxes on the subject lands. The Region has no objection to the proposed application. VT2022-001 280 Highland Road East KSH Corporation (owners) / T. Sanderson — Miller Thomson LLP (applicant) Document Number: 4230434 Page 1 of 4 Page 227 of 255 The owner/applicant is seeking a validation certificate affecting a technical correction to a sewer easement. The Region has no objection to the proposed application. B2022-046 78-80 Old Chicopee Drive Estate of Maria Kruppa (Owners) / Steven Grant (Madorin, Snyder LLP — Applicant) The owner/applicant is proposing to sever the existing semi-detached home into two distinct parcels so that they can be sold separately. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. B2022-058 and B2022-059 243 Connaught Street Lee Lynhiavu (Owner) / Khaled Berbasah (Can -Connect Developments Inc — Applicant) The owner/applicant is proposing to sever the existing lot into two parcels in order to build a semi-detached dwelling. The existing dwelling on the retained lands is to remain. Regional staff note that a previous consent application for the subject lands was heard in May 2022 as B2022-033. Regional Fee: Document Number: 4230434 Page 2 of 4 Page 228 of 255 The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consents. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.region ofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant is advised that the subject lands are located within an airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Jordan Vander Veen Senior Engineer, Region of Waterloo International Airport Phone 519-648-2256 Ext 8514 Email: ivanderveen(cDregionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. Document Number: 4230434 Page 3 of 4 Page 229 of 255 B2022-060 17 Nelson Avenue Kalita Hanson and James Steinbach (Owners) The owner/applicant is proposing to sever the existing lot as a lot addition from 17 Nelson Avenue to 11 Norbert Place. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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: 4230434 Page 4 of 4 Page 230 of 255 From: Trevor Heywood To: Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Friday, November 18, 2022 8:37:41 AM Attachments: imaae001.Dna imaae002.Dno imaae003.Dna imaae004.Dno imaae005.Dna imaae006.Dna imaae007.Dna imaae008.Dna imaae009.Dna 2021-01-26 B2021-004 and -005 GRCA comment.Ddf 2022-04-20 OPA22-004-V-KA - ZBA22-006-V-KA GRCA comments.Ddf Hi there, The GRCA has no concerns with the applications relating to 150-154 Victoria Street South & 100 Park Street (CC 2022-002 & CC 2022-003; Change of Conditions of Provisional Consent, Consent Applications B2021-004 and B2021-005 (Easements). Our comments from the original consent applications and the subsequent OPA/ZBA remain valid. I have attached them for convenience. Regards, rrevoir III°leywood Girairid IRliveir, C :::inrawneirvaflioin Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1R5W6 Phone: 519-621-2763 ext. 2292 Email: theywood@grandriver. ca y.yv.:.Urandiriveir.ca I Q:n...... ....rriediiayuj....au From: Committee of Adjustment (SM)<Co.mrr..)J.1toe.of.A.dJUstmervuakitchener.ca> Sent: Thursday, November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to Page 231 of 255 :.........31Vciiholheneir.a no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 232 of 255 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C11d I`d 113 `M6 Ph4' in(.'k:'k N 62 1 2/0 1 Tod@ freer 1 4('56 (.)00 4/.;12 Fax;:,1 9 021 4,S44 wwwgrandriver.ca Go n DATE: FILE: January 26, 2021 Severance B2021-004/005 — 138/150 Victoria Street South RE: Consent Application B2021-004 Consent Application B2021-005 100 Park Street, 138 Victoria Street South, and 150-154 Victoria Street South Innovation Developments Kitchener GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain the Schneider Creek floodplain. 2. Legislative/Policy Requirements and Implications: Due to the presence of the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The subject lands are located within the flood fringe section of a Two Zone Floodplain Policy Area, where depths and velocities are lower. As per GRCA and City of Kitchener Official Plan policies, development is permitted in the flood fringe as long as the development is floodproofed, and safe access is available. We have no concerns with the consent applications. We expect GRCA requirements can be addressed through appropriate design of a development proposal for the subject lands, and will comment further through future Planning Act applications. Page 1 of 2 C ri'',) e i, oi,,(-,rv,'aIirraa r,)rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A iC,Iioririih'ie Gr,iri(J A Canadian 4leric�,r e River Page 233 of 255 3. Review Fees: This application is considered a minor consent application, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. We will send an invoice to the applicant. Additional fees may apply for future Planning Act applications, and a separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a-)grandriver.ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority c.c. Steven Ruse, Innovation Developments Kitchener Kevin Muir, GSP Group Page 2 of 2 Page 234 of 255 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C)Id I`d 113 `M6 Ph4' in(.'k:'k P) 62 1 2/0 1 Tod@ freer 14('56 (.)C)U 4/.;12 Fax;:,1 1) 021 4,S44 wwwgrandriver.ca Go n April 20, 2022 Katie Anderl Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 katie.anderl(a)kitchen er.ca Re: Official Plan Amendment OPA22-004-V-KA Zoning Bylaw Amendment ZBA22-006-V-KA 130-142 Victoria Street South 1936026 Ontario Inc. Dear Ms. Anderl, The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for a 25 -storey, mixed-use development. Recommendation We have no objections to the application. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: • Topographic survey (JD Barnes, June 17, 2021) • Functional Survey and Grading Plans (WalterFedy, revised February 1, 2022) • Architectural Package (Core Architects, December 17, 2021) This submission follows our pre -consultation comments on July 26, 2021. Page 1 of 2 C ri'',) e i, oi,,(-,rv,'aIirraa ()rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A iC,Iioririih'ie Gr,iri(J A Canadian 4leric�,r e River Page 235 of 255 GRCA Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. The properties are located in the flood fringe portion of a two -zone floodplain policy area. Development may be permitted in the floodplain subject to meeting the requirements set out in the Kitchener Official Plan (OP). The functional grading plan demonstrates the building and underground parking will be floodproofed, and the topographic survey demonstrates that safe access along Victoria Street South and Bramm Street is available. As part of a subsequent site plan application, the GRCA requests the following details: • Revising the architectural cross-section plans to show geodetic elevations; • Demonstration that: o Elevator access to the below -grade parking is prevented during flooding; o Sump pump facilities are included; and, o Electrical and mechanical services are floodproofed. This is considered a minor official plan / zoning bylaw amendment. Consistent with GRCA's 2022 approved fee schedule, we will invoice the applicant $445 for our review. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or th eywood (C -).q rand river. ca. Sincerely, zx� Trevor Heywood Resource Planner Grand River Conservation Authority cc: Victor Labreche, IBI Group Page 2 of 2 Page 236 of 255 -�ALI ► i ;I*] A To: Kitchener Committee of Adjustment From: Farah Faroque, Intern Adjacent Developments GO Expansion - Third Party Projects Review Metrolinx Date: November 28th, 2022 Re: C 2022-002 & C 2022-003 -138,150-154 Victoria St S and 100 Park St S Metrolinx is in receipt of the applications for change of conditions of provisional consent for 138, 150- 154 Victoria St S and 100 Park St S to revise the wording in the conditions of approval of consent B2021-004 and B2021-005 to capture all properties under the ownership of Developments Kitchener Ltd. Metrolinx's comments on the subject application are noted below: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As the requested variance does not have implication on Metrolinx Property (i.e. Guelph Subdivision), Metrolinx has no objection should the committee grant approval. Please note that Metrolinx is a stakeholder that has provided comments on the comprehensive applications. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Intern, Third Party Projects Review Metrolinx 20 Bay Street Suite 600, Toronto Page 237 of 255 From: Johnston Jeremiah MTO To: Almon Fox Cc: Hod ins Allan jJ11TO Subject: RE: Agenda - Committee of Adjustment - December 13, 2022 Date: Tuesday, December 6, 2022 10:08:25 AM Attachments: im1 1, rrr{ ima 2002, . nc3 im C n ima irn ''d" ima . e00CJ• . ng inn re 7 ima . 2008, mg irn call r7 RE ACTION REG UIRED Committee of Ad'ustment A Iication IReviera - December 13 2022 Meetin .,,msc RE MT rr7rrr r7 G A 2 22 142 24 r IH rn r W n B Irv- r #A2 rrrc You don't often get email fromjeremiahjohnston@ontario.ca. Learn this �r,a)tr�) L IMI AIllliisoln, I( '1F0 comments for t1his rneetiiing alre lin the two eimaills attaolhed„ dd -Holnalllly, CC 2022 002 138„ 150 154 Viotolriia Stireet South & 100 Park breet, its outside of IM F0 Ipelrlrniilt oolnbroll alrea, IIVI'FO has Ino olbpeotiioln,. Rhalnik you, Jei,elf'G"nlla; h JC Ihir)`:;LOIIV Corridor Managemera Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1B M: (226) 980-6107 From: Hodgins, Allan (MTO) <Allan.Hodgins@ontario.ca> Sent: November 30, 2022 11:09 PM To: Alison Fox <Alison.Fox@kitchener.ca> Cc: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: RE: Agenda - Committee of Adjustment - December 13, 2022 IHii A111son, IPllea e Ibe advii ed t1hat Jeremiah Johnston, oo"d Ihelreiiln, wiillll Ibe talkiiing over IIVI'FO Corridor IMalnageimelnt IPllalnlnelr duties folr Iland devellolplrnelnt and Ipllalnniiing alpplliioabiolna for Waltedoo County and the City of IKildhelnelr thelreiiln, effrectiive iilnnlmediiatelly. IPllease update your oolrn'taot Iliist a000lydiiinglly. Jelrelrn~niialh Ihas Ibeen with Ilii"'1FO aiinoe 2316 wolrlkiiing !in valriious sections, most Ireoelnfly wolrlkiiing as Conrildoir Management Offriioelr Wiilliifies.. Ilse wiillll Ibe a glreal asset iiln Ihiis Inew Irolle.. II wiillll sfill Ibe iilnvollved In IM '..F innafteirs wiith in Watedloo, however Ipllea e elnaulre the Page 238 of 255 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 13, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 5, 2022 REPORT NO.: DSD -2022-506 SUBJECT: Change of Conditions Consent Applications CC2022-002 and CC2022-003 - 92, 100, 102, 106, and 110 Park Street and 130, 138, 142, 150-154, and 162 Victoria Street South RECOMMENDATION: Change of Conditions Application CC2022-002 That Committee of Adjustment Decision B2021-004, dated February 16, 2021, be amended as follows: 1. That Condition No. 1 be deleted and replaced with the following Condition No. 1: "1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 92, 100, 102, 106, and 110 Park Street and 130, 138, 142, 150-154, and 162 Victoria Street South, to the satisfaction of the City's Revenue Division." 2. That Condition No. 3 be deleted and replaced with the following Condition No. 3: "3. That the owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor." Change of Conditions Application CC2022-003 That Committee of Adjustment Decision B2021-005, dated February 16, 2021, be amended as follows: 1. That Condition No. 1 be deleted and replaced with the following Condition No. 1: "1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 92,100, 102, 106, and 110 Park Street and 130, 138, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 239 of 255 142, 150-154, and 162 Victoria Street South, to the satisfaction of the City's Revenue Division." 2. That Condition No. 3 be deleted and replaced with the following Condition No. 3: "3. That the owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor." REPORT HIGHLIGHTS: • The purpose of this report is to change conditions of Consent Application Decisions B2021-004 and B2021-005. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject properties are located at the corner of Park Street and Victoria Street South. The subject properties are identified as `Urban Growth Centre' on Map 2 — Urban Structure and is designated `Mixed Use' on Map 4 — Urban Growth Centre (Downtown) in the City's 2014 Official Plan. The subject lands are zoned as follows: Address Base Zone Special Regulations 130 Victoria Street South Low Intensity Mixed Use Corridor Zone 1 R, 525R MU -1 138 Victoria Street South Low Intensity Mixed Use Corridor Zone 1 R, 525R, 401 U MU -1 142 Victoria Street South Low Intensity Mixed Use Corridor Zone 1 R, 525R (MU -1) 150-154 Victoria Street Medium Intensity Mixed Use Corridor 1 R, 524R South Zone (MU -2) 162 Victoria Street South Medium Intensity Mixed Use Corridor 526R, 401 U Zone MU -2 92 Park Street Medium Intensity Mixed Use Corridor 526R Zone (MU -2) 100 Park Street Medium Intensity Mixed Use Corridor 524R Zone MU -2 102, 106 and 110 Park Street Low Intensity Mixed Use Corridor Zone 401U MU -1 Special Regulation 1R requires a permit from the Grand River Conservation Authority. Special Regulation 524R outlines site specific regulations including setbacks and building height. Special Regulation 525R outlines site specific regulations including setbacks and lot width. Special Regulation 526R outlines site specific regulations for building height. Special Use Regulation 401 U prohibits certain sensitive land uses until a Record of Site Condition has been completed in accordance with the relevant Ontario legislation. Page 240 of 255 Figure 1. Location Map Figure 2. View of Site (November 29, 2022) Page 241 of 255 The purpose of the application is to update the civic addresses within the condition(s) to reflect a property merger and to add a condition that relates to the Certificate of Official. REPORT: Planning Comments: On February 16, 2021, Decisions B2021-004 and B2021-005 recommended approval of consent applications to allow a land -swap lot line readjustment and associated easement. Severance application B2021-004 proposed to sever a portion of 100 Park Street / 150-154 Victoria Street South that is 12.5 metres wide, 10.6 metres deep, with an area of 134.5 square metres, for the purpose of a lot addition to 138 Victoria Street South. Application B2021-005 proposed an easement over a portion of 100 Park Street / 150-154 Victoria Street South that is 7.6 metres wide, 35.3 metres in length, and an area of 269.5 square metres, in favour of as 130, 138, and 142 Victoria Street South for access. The change of conditions is to reflect a property merger and to update conditions accordingly. Planning staff have no concerns with the proposed change of conditions. Environmental Planning Comments: No concerns due to nature of application (no development). 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 138, 150-154 Victoria St. S. & 100 Park St. is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. It should be noted that 138 Victoria Street South is adjacent to a property of cultural heritage interest or value listed on the Municipal Heritage Register. Building Division Comments: The Building Division has no objections to the change of conditions. Engineering Division Comments: Engineering has no concerns. Parks/Operations Division Comments: Parks/Operations has no concerns. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: The Region has no objection to the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 242 of 255 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: • DSD -21-027 Report, Consent Applications B2021-004 & B2021-005 • 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 ATTACHMENTS: Attachment A — Committee of Adjustment Decision B2021-004 Attachment B — Committee of Adjustment Decision B2021-005 Page 243 of 255 1T/1_\01t•/_1II Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Srretot 6th Floof Kitchener Ontario N2G 4A Canada Telephone;,: 519-575-4400 f TY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/22 KIT November 28, 2022 Re: Comments for Consent Applications CC2022-002, CC2022-003, VT2022-001, B2022-046, B2022-058, B2022-059, and B2022-060 Committee of Adjustment Hearing December 13, 2022 CITY OF KITCHENER CC2022-002 and CC2022-003 138, 150-154 Victoria Street South and 100 Park Street Innovation Developments Kitchener Ltd (Owners) / K. Barisdale — GSP Group Inc. (Applicant) The owner/applicant is proposing to change consent conditions from B2021-004 (land swap) and B2021-005 (easements) relating to the owner/applicant obtaining a tax certificate to verify that there are no outstanding taxes on the subject lands. The Region has no objection to the proposed application. VT2022-001 280 Highland Road East KSH Corporation (owners) / T. Sanderson — Miller Thomson LLP (applicant) Document Number: 4230434 Page 1 of 4 Page 244 of 255 The owner/applicant is seeking a validation certificate affecting a technical correction to a sewer easement. The Region has no objection to the proposed application. B2022-046 78-80 Old Chicopee Drive Estate of Maria Kruppa (Owners) / Steven Grant (Madorin, Snyder LLP — Applicant) The owner/applicant is proposing to sever the existing semi-detached home into two distinct parcels so that they can be sold separately. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. B2022-058 and B2022-059 243 Connaught Street Lee Lynhiavu (Owner) / Khaled Berbasah (Can -Connect Developments Inc — Applicant) The owner/applicant is proposing to sever the existing lot into two parcels in order to build a semi-detached dwelling. The existing dwelling on the retained lands is to remain. Regional staff note that a previous consent application for the subject lands was heard in May 2022 as B2022-033. Regional Fee: Document Number: 4230434 Page 2 of 4 Page 245 of 255 The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consents. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.region ofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. Airport Zoning (Advisory Comments): The applicant is advised that the subject lands are located within an airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Jordan Vander Veen Senior Engineer, Region of Waterloo International Airport Phone 519-648-2256 Ext 8514 Email: ivanderveen(cDregionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. Document Number: 4230434 Page 3 of 4 Page 246 of 255 B2022-060 17 Nelson Avenue Kalita Hanson and James Steinbach (Owners) The owner/applicant is proposing to sever the existing lot as a lot addition from 17 Nelson Avenue to 11 Norbert Place. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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: 4230434 Page 4 of 4 Page 247 of 255 From: Trevor Heywood To: Committee of Adjustment (SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Date: Friday, November 18, 2022 8:37:41 AM Attachments: imaae001.Dna imaae002.Dno imaae003.Dna imaae004.Dno imaae005.Dna imaae006.Dna imaae007.Dna imaae008.Dna imaae009.Dna 2021-01-26 B2021-004 and -005 GRCA comment.Ddf 2022-04-20 OPA22-004-V-KA - ZBA22-006-V-KA GRCA comments.Ddf Hi there, The GRCA has no concerns with the applications relating to 150-154 Victoria Street South & 100 Park Street (CC 2022-002 & CC 2022-003; Change of Conditions of Provisional Consent, Consent Applications B2021-004 and B2021-005 (Easements). Our comments from the original consent applications and the subsequent OPA/ZBA remain valid. I have attached them for convenience. Regards, rrevoir III°leywood Girairid IRliveir, C :::inrawneirvaflioin Authority 400 Clyde Road, PO Box 729 Cambridge, ON N1R5W6 Phone: 519-621-2763 ext. 2292 Email: theywood@grandriver. ca y.yv.:.Urandiriveir.ca I Q:n...... ....rriediiayuj....au From: Committee of Adjustment (SM)<Co.mrr..)J.1toe.of.A.dJUstmervuakitchener.ca> Sent: Thursday, November 17, 2022 12:21 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - December 13, 2022 Meeting Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 13, 2022, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to Page 248 of 255 :.........31Vciiholheneir.a no later than 12 noon on Monday, November 28, 2022. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 249 of 255 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C11d I`d 113 `M6 Ph4' in(.'k:'k N 62 1 2/0 1 Tod@ freer 1 4('56 (.)00 4/.;12 Fax;:,1 9 021 4,S44 wwwgrandriver.ca Go n DATE: FILE: January 26, 2021 Severance B2021-004/005 — 138/150 Victoria Street South RE: Consent Application B2021-004 Consent Application B2021-005 100 Park Street, 138 Victoria Street South, and 150-154 Victoria Street South Innovation Developments Kitchener GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain the Schneider Creek floodplain. 2. Legislative/Policy Requirements and Implications: Due to the presence of the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The subject lands are located within the flood fringe section of a Two Zone Floodplain Policy Area, where depths and velocities are lower. As per GRCA and City of Kitchener Official Plan policies, development is permitted in the flood fringe as long as the development is floodproofed, and safe access is available. We have no concerns with the consent applications. We expect GRCA requirements can be addressed through appropriate design of a development proposal for the subject lands, and will comment further through future Planning Act applications. Page 1 of 2 C ri'',) e i, oi,,(-,rv,'aIirraa r,)rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A iC,Iioririih'ie Gr,iri(J A Canadian 4leric�,r e River Page 250 of 255 3. Review Fees: This application is considered a minor consent application, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. We will send an invoice to the applicant. Additional fees may apply for future Planning Act applications, and a separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a-)grandriver.ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority c.c. Steven Ruse, Innovation Developments Kitchener Kevin Muir, GSP Group Page 2 of 2 Page 251 of 255 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C)Id I`d 113 `M6 Ph4' in(.'k:'k P) 62 1 2/0 1 Tod@ freer 14('56 (.)C)U 4/.;12 Fax;:,1 1) 021 4,S44 wwwgrandriver.ca Go n April 20, 2022 Katie Anderl Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 katie.anderl(a)kitchen er.ca Re: Official Plan Amendment OPA22-004-V-KA Zoning Bylaw Amendment ZBA22-006-V-KA 130-142 Victoria Street South 1936026 Ontario Inc. Dear Ms. Anderl, The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for a 25 -storey, mixed-use development. Recommendation We have no objections to the application. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: • Topographic survey (JD Barnes, June 17, 2021) • Functional Survey and Grading Plans (WalterFedy, revised February 1, 2022) • Architectural Package (Core Architects, December 17, 2021) This submission follows our pre -consultation comments on July 26, 2021. Page 1 of 2 C ri'',) e i, oi,,(-,rv,'aIirraa ()rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A iC,Iioririih'ie Gr,iri(J A Canadian 4leric�,r e River Page 252 of 255 GRCA Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. The properties are located in the flood fringe portion of a two -zone floodplain policy area. Development may be permitted in the floodplain subject to meeting the requirements set out in the Kitchener Official Plan (OP). The functional grading plan demonstrates the building and underground parking will be floodproofed, and the topographic survey demonstrates that safe access along Victoria Street South and Bramm Street is available. As part of a subsequent site plan application, the GRCA requests the following details: • Revising the architectural cross-section plans to show geodetic elevations; • Demonstration that: o Elevator access to the below -grade parking is prevented during flooding; o Sump pump facilities are included; and, o Electrical and mechanical services are floodproofed. This is considered a minor official plan / zoning bylaw amendment. Consistent with GRCA's 2022 approved fee schedule, we will invoice the applicant $445 for our review. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or th eywood (C -).q rand river. ca. Sincerely, zx� Trevor Heywood Resource Planner Grand River Conservation Authority cc: Victor Labreche, IBI Group Page 2 of 2 Page 253 of 255 -�ALI ► i ;I*] A To: Kitchener Committee of Adjustment From: Farah Faroque, Intern Adjacent Developments GO Expansion - Third Party Projects Review Metrolinx Date: November 28th, 2022 Re: C 2022-002 & C 2022-003 -138,150-154 Victoria St S and 100 Park St S Metrolinx is in receipt of the applications for change of conditions of provisional consent for 138, 150- 154 Victoria St S and 100 Park St S to revise the wording in the conditions of approval of consent B2021-004 and B2021-005 to capture all properties under the ownership of Developments Kitchener Ltd. Metrolinx's comments on the subject application are noted below: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As the requested variance does not have implication on Metrolinx Property (i.e. Guelph Subdivision), Metrolinx has no objection should the committee grant approval. Please note that Metrolinx is a stakeholder that has provided comments on the comprehensive applications. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Intern, Third Party Projects Review Metrolinx 20 Bay Street Suite 600, Toronto Page 254 of 255 From: Johnston Jeremiah MTO To: ah5gn Fox Subject: RE: Agenda - Committee of Adjustment - December 13, 2022 Date: Wednesday, December 7, 2022 4:26:04 PM Attachments: im2ce00:L, "n irr a e002, nc Imo e003n ima e004, nc�, Imo gQ05 n irna e006, n�, im2rJe007, no irna e00 3, ung, ima You don't often get email fromjeremiahjohnston@ontario.ca. Learn this is irrpQrtl IHii Alison, Rhalrnik you for calling, CC 2022 003 133, ?150,...154 Victoria Street South & ?Igg Park Stireet, its outsiide of IM 1F0 Ipeirmiit oolntiroll alrea, IM FO Ihas no olbjeotiioln,. IC-',I'&Irf lli)lh .JO hlrYi4AOIII Corridor IMlanagernent Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1.113 M: (226)..980-6407 From: Johnston, Jeremiah (MTO) Sent: December 6, 2022 10:08 AM To: Alison Fox <Alison.Fox@kitchener.ca> Cc: Hodgins, Allan (MTO) <Allan.Hodgins@ontario.ca> Subject: RE: Agenda - Committee of Adjustment - December 13, 2022 IHii AIIIIiion, IM If..0 oomin-nelntfolr t1hiis Irneebinlg alre lin the two eimaills a taolhed,. Addiif<iiolrnalllly, CC 2022 002 133, 150 154 Victolriia Street South & 100 Park Stireet, its outside of IM F0 Ipelrimiit oolrn troll alrea, IM ISO Ihas Imo objection. "Rhaink you, Ir,:Trill- ah .Jo hliision Cor'r'idor IManagemernt Planner Cor'r'idorManagement Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)..980-607 Page 255 of 255