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HomeMy WebLinkAboutCA - 2023-01-17Committee of Adjustment Committee Minutes January 17, 2023, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: D. Pateman, Chair S. Hannah, Member D. Gundrum, Member B. Santos, Member Staff: T. Malone -Wright, Supervisor, Development Applications S. Ryder, Transportation Services A. Fox, Administrative Clerk M. Mills, Committee Administrator 1. COMMENCEMENT The Committee of Adjustment held a meeting this date, commencing at 10:06 am. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 2.1 B. Santos - A 2022-126 - 44 Rusholme Road, DSD -2022-460 B. Santos declared a pecuniary interest with respect to minor variance application A 2022-126 - 44 Rusholme Road , DSD -2022-460 on the agenda this date due to his relationship with the property owner. Accordingly, B. Santos did not participate in any discussion or vote regarding this matter. 2.2 B. Santos - A 2023-008 - 36 Orchard Park Crescent, DSD -2023-044 B. Santos declared a pecuniary interest with respect to minor variance application A 2023-008 - 36 Orchard Park Crescent, DSD -2023-044 on the 1 agenda this date due to a member of his family living in proximity to the address. Accordingly, B. Santos did not participate in any discussion or vote regarding this matter. 3. ADMINISTRATIVE BUSINESS 3.1 CHAIR NOMINATION AND APPOINTMENT Moved by B. Santos Seconded by D. Gundrum "That Douglas Pateman be appointed as Chair for the Committee of Adjustment, for the term ending November 30, 2023." Carried 4. MINUTES Moved by S. Hannah Seconded B. Santos "That the regular minutes of the Committee of Adjustment meeting held December 13th, 2022, as circulated to the members, be accepted." Carried 5. ZONING BY-LAW 85-1 & 2019-051 - OLT APPEAL STATUS BY-LAW 2020- 040 T. Malone -Wright advised the Committee that Zoning By-law 2022-040 is no longer under appeal as of Wednesday January 11th, 2023. Accordingly, Zoning By-law 2019-051 has come into effect. The Committee was advised, it would only need to consider variances to the applicable Zoning By-law (85-1 or 2019-051) for each application. 6. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 7. UNFINISHED BUSINESS 7.1 A 2022-126 - 44 Rusholme Road, DSD -2022-460 Submission No.: A 2022-126 Applicants: 2829591 Ontario Inc. 2 Property Location: 44 Rusholme Road Legal Description: Part Lot 13 and 14, Plan 352 B. Santos did not participate in any discussion or vote regarding this matter due to his previously declared conflict. Appearances: In Support: Contra: C. Wiebe None. Written Submissions: C. Wiebe C. Pidgeon G.Levene D. Eisenberg The Committee was advised the applicant requested a minor variance to Zoning By -Law 2019-051 to permit an interior side yard setback of 1.5m rather than the minimum required 3m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling. The Committee considered Development Services Department report DSD -2022- 460, dated October 7, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application. C. Wiebe was in attendance requesting a deferral of the application to March 21, 2023, to allow an opportunity for the applicant to address neighbors' concerns regarding tree preservation and drainage, as outlined at the October 18, 2022 Committee of Adjustment meeting. C. Wiebe noted, the applicant has since 3 retained consultants who require more time to prepare updated site plans and reports. Moved by S. Hannah Seconded by D. Gundrum That the application of 2829591 ONTARIO INC requesting a minor variance the Zoning By -Law to permit an interior side yard setback of 1.5m rather than the minimum required 3m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling, on Part Lot 13 and 14, Plan 352, 44 Rusholme Road, Kitchener, Ontario, BE DEFERRED until March 21, 2023, to allow an opportunity for consultants retained by the applicant to prepare updated site plans and reports related to tree preservation, grading and drainage on the subject property. Carried 8. NEW BUSINESS 8.1 A 2023-001 - 18 Cambridge Avenue, DSD -2023-037 Submission No.: A 2023-001 Applicants: Jaime Quintanilla Property Location: 18 Cambridge Avenue Legal Description: Part Lot 15 to 17, Plan 828 Appearances: In Support: Contra: A. Josic None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to Zoning By-law 2019-051 to permit a parking space to be located 5.4m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the El existing attached garage into a living space with a second storey addition, to provide an additional dwelling unit. The Committee considered Development Services Department report DSD -2023- 037, dated January 4, 2023, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. A. Josic was in attendance in support of the staff recommendation. In response to questions from the Committee, A. Josic noted the sketch provided with the application was not based on a legal survey. S. Hannah noted, once a survey has been developed, it may become evident that additional space is required for the proposed parking space. It was suggested and agreed that the Committee decision be amended to approve the location of the required parking space to be 5.Om from the property line rather than 5.4m, to allow for additional parking space, if required. Moved by S. Hannah Seconded by B. Santos That the application of JAIME QUINTANILLA requesting a minor variance to Zoning By-law 2019-051 to permit a parking space to be located 5.Om from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing attached garage into a living space with a second storey addition, to provide an additional dwelling unit, on Part Lot 15 to 17, Plan 828, 18 Cambridge Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 5 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 8.2 A 2023-002 - 44 Floyd Street, DSD -2023-026 Submission No.: A 2023-002 Applicants: Linda Zepf Property Location: 44 Floyd Street Legal Description: Lot 28, Plan 750 Appearances: In Support: Contra: A. Josic None. Written Submissions: 10 rein The Committee was advised the applicant requested a minor variance to Zoning By-law 2019-051 to permit an accessory structure to have a height of 4.3m to the underside of the fascia rather than the maximum permitted 3.0m, to facilitate the construction of a detached garage in the rear yard of the property. The Committee considered Development Services Department report DSD -2023- 026, dated January 4, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. X A. Josic was in attendance in support of the staff recommendation. In response to questions from the Committee, T. Malone -Wright confirmed that the application is a minor variance to section 4.1 b of Zoning By-law 2019-091, as the section was not referenced in the staff recommendation of the report. Moved by D. Gundrum Seconded B. Santos That the application of LINDA JEAN ZEPF requesting a minor variance to Zoning By-law 2019-051 to permit an accessory structure to have a height of 4.3m to the underside of the fascia rather than the maximum permitted 3.0m, to facilitate the construction of a detached garage in the rear yard of the property, on Lot 28, Plan 750, 44 Floyd Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. 8.3 A 2023-003 - 1S Stauffer Woods Trail, DSD -2023-034 Submission No.: A 2023-003 Applicants: Activa Holdings Inc. Property Location: 15 Stauffer Woods Trail Legal Description: Block 96, Registered Plan 58M-670 Appearances: In Support: Contra: R. McIntyre None. 7 Written Submissions: None. The Committee was advised the applicant requested a minor variance to Zoning By-law 2019-051 to permit an exemption from Site -Specific Provision 308 for a rear yard setback of 4.6m rather than the minimum required 7.0m, to facilitate the development of 44 dwelling units having 11 quad multiple buildings. The Committee considered Development Services Department report DSD -2023- 034, dated January 4, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. R. McIntyre was in attendance in support of the staff recommendation. Moved by B. Santos Seconded by D. Gundrum That the application of ACTIVA HOLDINGS INC requesting a minor variance to Zoning By-law 2019-051 to permit an exemption from Site -Specific Provision 308 for a rear yard setback of 4.6m rather than the minimum required 7.0m, to facilitate the development of 44 dwelling units having 11 quad multiple buildings, in accordance with Site Plan Application SP22/129/S/ES, dated December 16, 2022, on Block 96, Registered Plan 58M-670, 15 Stauffer Woods Trail, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please 8.4 review the meeting minutes, which are available on the City's website at www.kitchener.ca. A 2023-004 - 312 Duke Street East, DSD -2023-027 Submission No.: A 2023-004 Applicants: Kathryn Douglas & Gary Clark Property Location: 312 Duke Street East Legal Description: Lot 30, Plan 129 Appearances: In Support: Contra: A. Gascon Marco None. Written Submissions: M. Schweitzer D. Evans S. Bradhsaw J. Schneider K. Yantzi A. Barer M. Reid N. Mijatovic S. Saule J. Smyth A. Parrish T. Silvani M. Harrington Carried The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing single detaching dwelling having a shed roof with a height of 5.1 m, to be located 4.3m from a side lot line rather than the maximum permitted height of 4.5m ; and, to permit an Additional Dwelling Unit (ADU) (Detached) to have a lot coverage of 18.4% rather than the maximum permitted 15%. The Committee considered Development Services Department report DSD -2023- 027, dated January 4, 2023, recommending approval with conditions as outlined in the report. 9 The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. A. Gascon Marco was in attendance in support of the staff recommendation. In response to questions from the Committee, T. Malone -Wright noted site plan approval is no longer required for Additional Dwelling Units per recent amendments to the Planning Act through Bill 23. It was noted grading, drainage and service will be reviewed through the building permit process. Moved by S. Hannah Seconded by D. Gundrum Opposed by D. Pateman That the application of GARY CLARK and KATHRYN MAY DOUGLAS requesting a minor variance to Zoning By-law 85-1 to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing single detaching dwelling having a shed roof with a height of 5.1m, to be located 4.3m from a side lot line rather than the minimum required 4.5m; and, to permit an Additional Dwelling Unit (ADU) (Detached) to have a lot coverage of 18.4% rather than the maximum permitted 15%, generally in accordance with drawings prepared by The Architect Builders Collaborative Inc., on Lot 30, Plan 129, 312 Duke Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That prior to the issuance of a Building Permit: a) the property owner shall prepare a Tree Preservation and Enhancement Plan, 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. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner shall implement the Tree Preservation/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 10 Supervisor, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 8.5 A 2023-005 - 549 Fairway Road South, DSD -2023-024 Submission No.: A 2023-005 Applicants: Greg McCall & Tony Diab Property Location: 549 Fairway Road South Legal Description: Part Lot 6, Plan 1525, being part 6 on Reference Plan 58R- 1841 Appearances: In Support: Contra: C. Hendry None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a side yard setback of 0.6m rather than the minimum required 3.0m, to legalize the location of an accessory storage building of an automobile dealership. 11 The Committee considered Development Services Department report DSD -2023- 024, dated January 4, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. C. Hendry was in attendance in support of the staff recommendation. Moved by D. Gundrum Seconded by B. Santos That the application of FCA CANADA INC (GREG MCCALL) and FCA CANADA INC. (TONY DIAB) requesting a minor variance to Zoning By-law 85-1 to permit a side yard setback of 0.6m rather than the minimum required 3.0m, to legalize the location of an accessory storage building of an automobile dealership, generally in accordance with the Site Plan submitted with the Minor Variance application, dated, April 27, 2000 and amended November 30, 2022, to be updated by a future formal Site Plan Application on Part Lot 6, Plan 1525, being part 6 on Reference Plan 58R-1841, 549 Fairway Road South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 12 8.6 A 2023-006 - 35 Coral Crescent, DSD -2023-028 Submission No.: A 2023-006 Applicants: Janelle Hale Property Location: 35 Coral Crescent Legal Description: Lot 14, Plan 1063, Part Lot 15 Appearances: In Support: Contra: J. Hale N. Carlisle -Weaver G. Singh Written Submissions: N. Carlisle -Weaver M. Simon K. Janke D. Cowie P. Giles O. Ehigie The Committee was advised the applicant requested a minor variance to Zoning By-law 2019-051 to permit a Building Floor Area of an Additional Dwelling Unit (ADU) that exceeds 50% of the building floor area of a Duplex Dwelling whereas a maximum of 50% or 80 sq.m. is required, whichever is less; an existing easterly side yard setback of 0.95m rather than the required 1.2m; and, to permit a driveway to be located Om from the side lot line rather than the required 0.6m; and, a variance to permit the driveway to be located Om from the side lot line, rather than the minimum driveway setback of 1.0m The Committee considered Development Services Department report DSD -2023- 028, dated January 6, 2023, recommending approval with conditions as outlined in the report. 13 The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. J. Hale was in attendance in support of the staff recommendation. N. Carlisle -Weaver was in attendance in opposition to the subject application. N. Carlisle -Weaver expressed concerns regarding the environmental impacts of the proposed variances and inquired whether a phase one environmental assessment would be conducted. In response, T Malone -Wright noted an environmental assessment is not required as the subject application is a minor variance for residential use. G. Singh expressing opposition to the application expressing safety concerns with the proposed driveway adjacent to side lot of their property without a fence separating the two lots. Further, G. Singh expressed concerns regarding potential damage to their property during the construction of the proposed driveway. In response, T. Malone -Wright noted the applicant is required to maintain all construction work on the subject property and any effects on adjacent properties are managed through the building permit process. In response to questions from the Committee, J. Hale noted, environmental assessments were not conducted at the subject property and further, the driveway already existed at the time the property was purchased. J. Hale also noted that servicing of the Additional Dwelling Unit has yet to be considered. The following motion was then voted on with D. Gundrum, B. Santos and D. Pateman voting in favour; and, S. Hannah voting in opposition. Moved by D. Gundrum Seconded by B. Santos That the application of 2611601 ONTARIO INC requesting a minor variance to Zoning By-law 2019-051 to permit a Building Floor Area of an Additional Dwelling Unit (ADU) that exceeds 50% of the building floor area of a Duplex Dwelling whereas a maximum of 50% or 80 sq.m. is required, whichever is less; an existing easterly side yard setback of 0.95m rather than the required 1.2m; and, to permit a driveway to be located Om from the side lot line rather than the required 0.6m; and, a variance to permit the driveway to be located Om from the side lot line, rather than the minimum driveway setback of 1.0m, on Lot 14, Plan 14 1063, Part Lot 15, 35 Coral Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. Prior to the issuance of a Demolition and/or Building Permit: a) The Owner shall prepare a Tree Preservation/Enhancement Plan, 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. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner shall implement the approved Tree Preservation/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. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 8.7 A 2023-007 - 30 Breithaupt Street, DSD -2023-036 Submission No.: A 2023-007 Applicants: 2184647 Ontario Ltd and Breithaupt Block Inc. Property Location: 30 Breithaupt Street Legal Description: Lots 136 to 137, Plan 376, Part Lots 138 to 140, Plan 376; being Parts 6 to 11 on Reference Plan 58R-20731 15 Appearances: In Support: Contra: C. Beattie 10 SIM Written Submissions: None. The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a front yard setback of 0.32m rather than the required 1.5m, to facilitate the construction of an accessible entry platform; and, to permit a parking lot with ingress and egress of vehicles from a lane in a reverse motion whereas the By-law requires a parking lot provides ingress and egress of vehicles from a street or lane in a forward motion only. The Committee considered Development Services Department report DSD -2023- 036, dated January 6, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. C. Beattie was in attendance in support of the staff recommendation. Moved by S. Hannah Seconded by D. Gundrum That the application of 2184647 ONTARIO LTD requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback of 0.32m rather than the required 1.5m, to facilitate the construction of an accessible entry platform; and, to permit a parking lot with ingress and egress of vehicles from a lane in a reverse motion whereas the By-law requires a parking lot provides ingress and egress of vehicles from a street or lane in a forward motion only, in accordance with Site Plan Application SP21/120/B/AP, on Lots 136 to 137, Plan 376, Part Lots 128 to 140, Plan 376; being Parts 6 to 11 on Reference Plan 58R-20731, 30 Breithaupt Street, Kitchener, Ontario, BE APPROVED. 16 It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 8.8 A 2023-008 - 36 Orchard Park Crescent, DSD -2023-044 Submission No.: A 2023-008 Applicants: Erin Way & Sean Hubberstey Property Location: 36 Orchard Park Crescent Legal Description: Lot 12, Plan 855 B. Santos did not participate in any discussion or vote regarding this matter due to his previously declared conflict. B. Santos left the meeting at this time. Appearances: In Support: Contra: D. Carreiro None. Written Submissions: None. The Committee was advised the applicant requesting a minor variance to Zoning By-law 2019-051 to permit a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the required 6.3m; a southerly side yard setback of 1.2m rather than the minimum required 3.0m; a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the minimum required 6.0m; and, to permit a 17 garage to project beyond the porch whereas the Zoning By-law does not permit this. The Committee considered Development Services Department report DSD -2023- 044, dated January 10, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. D. Carreiro was in attendance in support of the staff recommendation. In response to questions to Committee, T. Malone -Wright noted there are no specific urban design guidelines applicable to the subject property. D. Pateman raised concerns regarding the side elevation of the property in regards to its' proximity to the adjacent lot and overlook into the neighbouring property. The Committee discussed and agreed that the number of the windows on the side of the property have been limited and majority of the windows are proposed to have a lower elevation thus overlook would not be an issue. Moved by S. Hannah Seconded by D. Gundrum That the application of ERIN ROSS WAY and SEAN HUBBERSTEY requesting a minor variance to Zoning By-law 2019-051 to permit a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the required 6.3m; a southerly side yard setback of 1.2m rather than the minimum required 3.0m; a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the minimum required 6.0m; and, to permit a garage to project beyond the porch whereas the Zoning By-law does not permit this, generally in accordance with drawings prepared by Danny Carreiro, dated September 9, 2022, on Lot 12, Plan 855, 32 Orchard Park Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 8.9 A 2023-009 - 126 Rolling Meadows Drive, DSD -2023-030 Submission No.: A 2023-009 Applicants: Andrei & Diana Balulescu Property Location: 126 Rolling Meadows Road Legal Description: Lot 346, Plan 1426 Appearances: In Support: Contra: A. Balulescu None. Written Submissions: 10 rein B. Santos re-entered the meeting at this time. The Committee was advised the applicant requested a minor variance to Zoning 2019-051 to permit the construction of Additional Dwelling Unit (Detached) to be located in the side yard of the principle dwelling abutting Timberlane Crescent having a setback of 4.7m from the street. The Committee considered Development Services Department report DSD -2023- 030, dated January 5, 2023, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023, advising they have no concerns with the subject application. 19 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. A. Balulescu was in attendance in support of the staff recommendation. Moved by D. Gundrum Moved by B. Santos That the application of ANDREI MIRCEA BALULESCU and DIANA ROXANA BALULESCU requesting a minor variance to Zoning By-law 2019-051 to permit the construction of Additional Dwelling Unit (Detached) to be located in the side yard of the principle dwelling abutting Timberlane Crescent having a setback of 4.7m from the street, , generally in accordance with drawings prepared by 360 Smart Design, dated October 2022, on Lot 346, Plan 1426, 126 Rolling Meadows Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. Prior to the issuance of a Demolition and/or Building Permit: a) The Owner shall prepare a Tree Preservation/Enhancement Plan, 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. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner shall implement the approved Tree Preservation/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. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. 20 Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 8.10 A2023-010 -382 Zeller Drive (WITHDRAWN) Submission No.: A 2023-010 Applicants: Doug Pham Property Location: 382 Zeller Drive Legal Description: Part Lot 119, German Company Tract, Part Block 20, Registered Plan 58M-364, being Part 2 on Reference Plan 58R-15076, being parts 36, 138 & 146 on Reference Plan 58R-15709 The Committee was advised the applicant requested a minor variance to permit exterior steps to be located 0.4m from the interior side lot line rather than the required 0.75m, to construct a second dwelling unit in the basement of the single detached dwelling. However, as the applicant made some adjustments to location of the proposed stairs, the minor variance is no longer required so the application was withdrawn. 8.11 B 2023-001 - 204 Madison Avenue South, DSD -2023-039 Submission No.: B 2023-001 Applicants: Al Zahra Shia Association of Waterloo Region Property Location: 204 Madison Avenue South Legal Description: Part Lot 6, Plan 395 Appearances: In Support: Contra: E. Wittmann None. Written Submissions: None. The Committee was advised the applicant requested consent to create an easement for a storm sewer having a width of 4.0m, an approximate depth of 21 55.Om and an approximate area of 220sq.m, shown as Part 1 on the Draft Reference Plan provided with the application, in favour of the property municipally addressed as 165 Courtland Avenue East. The Committee considered Development Services Department report DSD -2023- 039, dated January 5, 2023, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 4, 2023, advising they have no concerns with the subject application, subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 3, 2023, advising they have no concerns with the subject application. E. Wittmann was in attendance in support of the staff recommendation. Moved by D. Gundrum Seconded by S. Hannah That the application of ALZAHRA SHIA ASSOCIATION WATERLOO REGION requesting permission to create an easement for a storm sewer in favour of the property municipally addressed as 165 Courtland Avenue East, having an approximate width of 4.0m, an approximate depth of 55.0m and an approximate area of 220sq.m, as shown as Part 1 on the Draft Reference Plan prepared by McKechnie Surveying Ltd., dated February 9, 2022, on Part Lot 6, Plan 395, 204 Madison Avenue South, Kitchener, Ontario, 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 satisfactory 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 there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 22 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 any required maintenance, liability and/or cost sharing provisions related thereto); 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 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 property owner/applicant must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. 8. That the property owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA), for the major consent application review fee. 9. That the property owner shall obtain a Grand River Conservation Authority (GRCA) permit. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. 23 Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above -noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 8.12 B2023 -002,B2023 -003,A2023 -011,A2023 -012&A2023-013-83,87&97 Victoria Street North, DSD -2023-040 Submission No.: B 2023-002 to 003 & A 2023-011 to 013 Applicants: KW Working Centre for the Unemployed Property Location: 83, 87 & 97 Victoria Street North Legal Description: Lot 71, Plan 374, Part Lot 126 Appearances: In Support: Contra: C. Pidgeon None. Written Submissions: None. The Committee was advised the applicant requested permission to sever a parcel of land from the property municipally addressed as 83 Victoria Street North (B 2023-002) having a width of 10.2m, a depth of 28.Om and an area of 284.6 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 97 Victoria Street. Permission is also being requested to sever a parcel of land from the property municipally addressed as 87 Victoria Street 24 North (B 2023-003) having a width of 30.2m, a depth of 28.Om and an area of 908.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 97 Victoria Street. Minor variances to Zoning By -Law 85-1 are also being requested for the property municipally addressed as 83 Victoria Street North (Retained Land B 2023-002) to permit a lot width of 10.2m rather than the required 16.0m; a side yard setback of Om rather than the required 3.0m; a rear yard setback of Om rather than the required 7.5m; a fagade height of 2.Om rather than the minimum required 6.0m; and, 0 parking spaces rather than the required 1 parking space per 15sq.m of the floor area for a health clinic. Minor variances to Zoning By-law 85-1 are also being requested for the property municipally addressed as 87 Victoria Street North (Retained Land B 2023-003) to permit a maximum setback to a street line of 5.3m rather than the permitted 2.0m; a minimum side yard of Om rather than the required 3m; a rear yard setback of Om rather than the required 7m; a fagade height of 2.Om rather than the minimum required 6.0m; and, 0 parking spaces rather than the required 1 parking space for every hospice bed. Lastly, minor variances to Zoning By-law 85-1 are being requested for the property municipally addressed as 97 Victoria Street North to permit a setback to a street line of Om rather than the permitted 2.0m; a side yard setback of Om rather than the minimum required 3.0m; a rear yard setback of Om rather than the required 7.5m; and, to permit 0 parking spaces rather than the minimum required 3 parking spaces for a residential care facility and 1 parking space for every 3 staff, to facilitate the redevelopment of the properties with a residential care facility, hospice and health clinic. The Committee considered Development Services Department report DSD -2022- 040, dated January 4, 2023, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3, 2023 and January 5, 2023,advising they have no concerns with the subject application, subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. C. Pidgeon was in attendance in support of the staff recommendation noting all the properties are owned by a non-profit organization and the proposed variances are requested to facilitate the construction of a community kitchen, clinic and transitional housing for the unsheltered. 25 The Committee inquired about the purpose of severing the properties as they are already consolidated and owned by the non-profit organization. In response, C. Pidgeon noted financing for the affordable housing program requires that the properties be separated however all the buildings will operate as one campus. Further, there are no intentions to convey parts of the lot in the future. D. Pateman expressed concerns with the force and effect of severing a lot when there is no intent to convey the lot. In response to the concerns of the Committee, T. Malone -Wright noted the severances reflect existing cumbrances and mortgages. Further, the proposed severances, lot additions and variances ensure the existing and proposed buildings are not running through the proposed property lines. Applications B 2023-002, B 2023-003, A 2023-011, A 2023-012 & A 2023-013 were than voted on with S. Hannah, D. Gundrum and B. Santos voting in favour; and D. Pateman voting in opposition. Submission No. B 2023-002 Moved by S. Hannah Seconded by D. Gundrum That the application of KW WORKING CENTRE FOR THE UNEMPLOYED (JOE MANCINI) requesting consent to sever a parcel of land from the property municipally addressed as 83 Victoria Street North having a width of 10.2m, a depth of 28.Om and an area of 284.6 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 97 Victoria Street, on Part Lot 69, Plan 374; being parts 2 &3 on Reference Plan 58R-6753, 83 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Applications A 2023-011, A 2023-012 and A 2023- 013 receive final approval. 2. That the lands to be severed be added to the abutting lands, municipally addressed as 97 Victoria Street North and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 3. 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 26 mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 4. That the property owner's Solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfactory of the Secretary -Treasurer and City Solicitor, if required. 5. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 6. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 7. That prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval, the property owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduced the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 9. That the property owner shall retain a qualified designer 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 address such items as: a) 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. b) A building permit shall be applied for any remedial work/upgrades that may be required by the building code assessment. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 27 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above -noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2023-003 Moved by S. Hannah Seconded by D. Gundrum That the application of KW WORKING CENTRE FOR THE UNEMPLOYED (JOE MANCINI) requesting consent to sever a parcel of land from the property municipally addressed as 87 Victoria Street North having a width of 30.2m, a depth of 28.Om and an area of 908.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 97 Victoria Street, on Lot 70, Plan 374, Part Lot 69, 87 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Applications A 2023-011, A 2023-012 and A 2023- 013 receive final approval. 2. That the lands to be severed be added to the abutting lands, municipally addressed as 97 Victoria Street North and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply W,' with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 3. 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 reasonable time following registration. 4. That the property owner's Solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfactory of the Secretary -Treasurer and City Solicitor, if required. 5. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 6. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 7. That prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval, the property owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduced the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 9. That the property owner shall retain a qualified designer 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 address such items as: a) 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. 29 b) A building permit shall be applied for any remedial work/upgrades that may be required by the building code assessment. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above -noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. A 2023-011 Moved by S. Hannah Seconded by D. Gundrum That the application of K -W WORKING CENTRE FOR THE UNEMPLOYED requesting a minor variance to Zoning By -Law 85-1 for the property municipally addressed as 83 Victoria Street North (Retained Land B 2023-002) to permit a lot width of 10.2m rather than the required 16.0m; a side yard setback of 1.45m rather than the required 3.0m; a rear yard setback of Om rather than the required 7.5m; a fagade height of 2.4m rather than the minimum required 6.0m; and, 0 parking spaces rather than the required 1 parking space per 15sq.m of the floor 30 area for a health clinic, on Part Lot 69, Plan 374, being parts on 2 & 3 on Reference Plan 58R-6753, 83 Victoria Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried Submission No. A 2023-012 Moved by S. Hannah Seconded by D. Gundrum That the application of KW WORKING CENTRE FOR THE UNEMPLOYED (JOE MANCINI) requesting a minor variance to Zoning By-law 85-1 for the property municipally addressed as 87 Victoria Street North (Retained Land B 2023-003) to permit a maximum setback to a street line of 5.3m rather than the permitted 2.0m; a minimum side yard of Om rather than the required 3m; a rear yard setback of Om rather than the required 7.5m; a fagade height of 2.4m rather than the minimum required 6.0m; and, 0 parking spaces rather than minimum required 3 parking spaces for a residential care facility and 1 parking space for every 3 staff, on Lot 70, Plan 374, Part Lot 69, Plan 374, 87 Victoria Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 31 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried Submission No. A 2023-013 Moved by S. Hannah Seconded by D. Gundrum That the application of KW WORKING CENTRE FOR THE UNEMPLOYED (JOE MANCINI) requesting a minor variance to Zoning By-law 85-1 for the property municipally addressed as 97 Victoria Street North to permit a side yard setback of Om rather than the minimum required 3.0m; a rear yard setback of Om rather than the required 7.5m; and, to permit 0 parking spaces rather than the minimum required 3 parking spaces for a residential care facility and 1 parking space for every 3 staff, to facilitate the redevelopment of the properties with a residential care facility, hospice and health clinic, on Lot 71, Plan 374, 97 Victoria Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 32 8.13 132023-004, A2023 -014&A2023-015-530 &550 King Street East, DSD - 2023 -042 Submission No.: B 2023-004 & A 2023-014 to 015 Applicants: 550 King Street GP Inc. Property Location: 530 & 550 King Street East Legal Description: Lot 9, Plan 323,Part Lots 10-11, Plan 323, Part Lots 1-2, Plan 100; being parts 1 & 2 on Reference Plan 58R-6892, being parts 1 & 2 on Reference Plan 58R-7608, except Part 3 on Reference Plan 58R-12367 Appearances: In Support: Contra: D. Galbraith I►VA MOil I[ai1 C. Letnick Written Submissions: R. Fantina & E. Stone-Fantina D. Galbraith The Committee was advised the applicant requested permission to consent to sever a parcel of land having a width of 18.5m, a depth of 40.Om and an area of 624.0 sq.m that will contain an existing building, municipally addressed as 550 King Street East. Minor variances to Zoning By-law 85-1 are also being requested for the proposed severed lands, to permit a side yard setback abutting King Street East of 0.17m rather than the required 1.5m; a rear yard setback of 1.2m rather than the required 7.5m; and, an exemption from the Special Regulation Provision 285R to permit 0 parking spaces rather than the required 32 parking spaces, in order to recognize the location of the existing commercial building on the proposed severed lands. The retained land will have a width of 29.3m, a depth of 42.5m and an area of 1,418.8 sq.m and will be municipally addressed as 530 King Street East. Minor variances to Zoning By-law 85-1 are also being requested for the proposed retained lands to permit an exemption from the Special Regulation Provision 541 R to permit a rear yard setback of 1.7m rather than the required 7.5m; a building height of 32.5m rather than the maximum permitted 24.0m; and, and to permit 22 parking spaces rather than the required 60 parking spaces for residential use, to facilitate the redevelopment of the lands with a 9 -storey residential building having 60 dwelling units. 33 The Committee considered Development Services Department report DSD -2023- 042, dated January 6, 2023, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3rd, 2023 and January 4, 2023, advising they have no concerns with the subject application, subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application. D. Galbraith and M. Bollen were in attendance in support of the staff recommendation. C. Letnick was in attendance in opposition to the application noting the proposed neighborhood plan for King Street East indicates that, the area will be Zoned Mixed -Use 3, thus the frontage of the proposed property would require commercial use on the ground level. C. Letnick questioned whether the proposed variance would allow sufficient space for future commercial use and associated requirements such as parking. In response, T. Malone -Wright noted the City previously commenced a zoning review of zoning secondary plans. In December 2019, Staff put forward new proposed zoning and land use however the project is on hold as major transit stationary boundaries must be established in the Regional Official Plan. In response to questions from the Committee, D. Galbraith noted a shadow study was conducted through the site plan approval process however, the urban design guidelines of the City of Kitchener does not require a specific shadow criteria to be met. It was noted, the proposed development casts shadows that impact the neighbourhood however, each of the adjacent properties receive more than 50% of sunlight during the two peak interval times of day. M. Bollen also stated that many of the adjacent properties have a greater shadow impact than the proposed development. In response to questions about the variance for parking spaces, D. Galbraith noted a parking study was conducted, and findings indicate the proposed parking rates are appropriate due to its' proximity to the urban growth center boundary, public transit and commercial uses. In addition, parking would be shared between users of the existing commercial building and visitors of the proposed residential building. It was also noted, designated underground parking would be provided for residents of the proposed building. 34 It was discussed and agreed the Committee decision reflect permission for a 9 - storey building as outlined in the minor variance application. Submission No. B 2023-004 Moved by S. Hannah Seconded by D. Gundrum That the application of 550 KING STREET GP INC requesting consent to sever a parcel of land having a width of 18.5m, a depth of 40.Om and an area of 624.0 sq.m that will contain an existing building. The retained lands will have a width of 29.3m, a depth of 42.5m and an area of 1,418.8 sq.m and will be municipally addressed as 530 King Street East, on Lot 9, Plan 323,Part Lots 10-11, Plan 323, Part Lots 1-2, Plan 100; being parts 1 & 2 on Reference Plan 58R-6892, being parts 1 & 2 on Reference Plan 58R-7608, except Part 3 on Reference Plan 58R-12367, 550 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Applications A 2023-014 and A 2023-015 receive final approval. 2. That the property owner's Solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfactory of the Secretary -Treasurer and City Solicitor, if required. 3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That the property owner shall enter into a Shared Parking Agreement with the City to be registered on title to the satisfaction of the City's Solicitor in consultation with the Director of Planning and Director of Transportation Services. 6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. The property owner is responsible to implement the 35 approved servicing design at their cost and to the satisfaction of the City of Kitchener's Director of Engineering Services. 7. That the property owner shall submit a Development Asset Drawing (digital AutoCad) for the site (servicing, etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to the 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 property 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 shall provide 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 pump and forcemain to the property line and have a gravity sewer from the property line to the satisfaction of the City's Director of Engineering Services. 11. That prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. That prior to final approval, the property owner is required to complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to the satisfaction of the Region of Waterloo; and enter into a registered development agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making 36 process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above -noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. A 2023-014 Moved by S. Hannah Seconded by D. Gundrum That the application of 550 KING STREET GP INC requesting a minor variance to Zoning By-law 85-1 for the proposed retained lands (per Consent Application B 2023-004), to permit a rear yard setback of 1.7m rather than the required 7.5m; an exemption from Special Regulation Provision 541 R to permit a building height of 32.5m rather than the maximum permitted 24.0m; and, to permit 22 parking spaces rather than the required 60 parking spaces for residential use, to facilitate the redevelopment of the lands with a 9 -storey residential building having 60 dwelling units, in accordance with Site Plan Application SP22/164/K/BB, on Lot 9, Plan 323,Part Lots 10-11, Plan 323, Part Lots 1-2, Plan 100; being parts 1 & 2 on Reference Plan 58R-6892, being parts 1 & 2 on Reference Plan 58R-7608, except Part 3 on Reference Plan 58R-12367, 530 King Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. 37 Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried Submission No. A 2023-015 Moved by S. Hannah Seconded by D. Gundrum That the application of 550 KING STREET GP INC requesting a minor variance to Zoning By-law 85-1 for the proposed severed lands (per Consent Application B 2023-004), to permit a side yard setback abutting King Street East of 0.17m rather than the required 1.5m; a rear yard setback of 1.2m rather than the required 7.5m; and, an exemption from Special Regulation Provision 285R to permit 0 parking spaces rather than the required 32 parking spaces, in order to recognize the location of the existing commercial building on the proposed severed lands, on Lot 9, Plan 323,Part Lots 10-11, Plan 323, Part Lots 1-2, Plan 100; being parts 1 & 2 on Reference Plan 58R-6892, being parts 1 & 2 on Reference Plan 58R-7608, except Part 3 on Reference Plan 58R-12367, 550 King Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 9. ADJOURNMENT On motion, the meeting adjourned at 11:37am. Marilyn Mills Secretary -Treasurer Committee of Adjustment 39