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HomeMy WebLinkAboutCA Agenda - 2023-02-21 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 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 6 DATE OF REPORT: February 21, 2023 REPORT NO.: DSD-2023-066 SUBJECT: Minor Variance Application A2023-016 - 107 Chandler Drive RECOMMENDATION: Zoning By-law 2019-51 That Minor Variance Application A2023-016 for 107 Chandler Drive requesting relief from Section 5, Table 5-5, of Zoning By-law 2019-051 to permit: i) A parking requirement of 0.8 parking spaces per dwelling unit instead of the minimum required 1 parking space per dwelling unit; and ii) A visitor parking requirement of 0.1 visitor parking spaces per dwelling unit instead of the minimum required 0.15 visitor parking spaces per dwelling unit; to facilitate the addition of five (5) new dwelling units in the basement of the existing multiple dwelling, in accordance with Site Plan Application SP23/002/C/ES, BE APPROVED. REPORT HIGHLIGHTS: The applicant is requesting minor variances for a reduction in the required minimum parking and visitor parking requirements in Zoning By-law 2019-051 to facilitate the addition of 5 rental dwelling units to an existing building containing 15 rental dwelling units. The proposed units are within the existing basement and will not require any additional building floor area. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of Chandler Drive between Woodfern Court and Bonfield Place. The site is an interior lot with approximately 50 metres of frontage on Chandler Drive. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: View of Subject Property (107 Chandler Drive) Figure 2: View of Existing Building (January 30, 2023) Community AreaUrban Structure and is designated Low Rise Residential Low Rise Residential Five Zone (RES-5-law 2019-051. The purpose of the application is to facilitate the addition of 5 dwelling units to the existing multiple dwelling building. The parking area will be altered to remove parking spaces from the Driveway Visibility Triangles, improving the safety of sightlines for pedestrians, cyclists, and motorists on the subject lands. Figure 3: Proposed Site Plan REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The Low Rise Residential designation is intended to accommodate a full range of housing types, including multiple dwellings in a low rise form of housing. Policy 4.1.5 encourages the retention and residential intensification and redevelopment in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs by minimizing land consumption and making better use of existing community infrastructure. Regarding an integrated transportation network, the Official Plan encourages promoting waking and cycling as safe and convenient modes of transportation and reducing the modal share of trips from automobiles. Therefore, the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the zoning regulations for required minimum parking and visitor parking spaces is to ensure the adequate vehicle storage on site. The applicant operates a rental tenure type for the current 15-unit multiple dwelling. The applicant can dwelling unit does not automatically come with a parking space. This will allow the leases to suit the needs of individual tenants. For site context, the site is well served by transit, and contains a transit pad for Route 4 directly in front of the subject lands. The Laurentian shopping centre is within walking distance, providing groceries and other commercial amenities within a 15 minute walk. The transit availability and amenities within walking distance facilitate the ability for an active transportation/transit supportive development type and provide adequate justification for the requested variances for reduction to vehicle parking. Therefore, Planning Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variance for reduction in vehicle parking represents a small decrease from the required minimums: Required Provided Total Parking 1.15 0.9 Resident Spaces 1.0 0.8 Visitor Spaces 0.15 0.1 Planning Staff are of the opinion that the requested variances for reduction in standard and visitor parking are minor, and that they will not cause adverse impacts. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances facilitate the desirous outcome of gentle intensification/redevelopment on the existing site while preserving the existing housing stock and increasing the amount of rental dwelling units. Planning Staff is of the opinion that the requested variances are appropriate and desirable for the use of the lands. Environmental Planning Comments: There are no natural heritage features/functions. Trees are limited to planted trees required as part of the landscaping for previous Site Plan. Heritage Planning Comments: No Heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the additional units is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No Engineering concerns. Parks/Operations Division Comments: No Parks/Operations Concerns. Transportation Planning Comments: Based on the submitted application, the applicant is proposing a redevelop the existing site with 20 units and provide total of 18 parking spaces, of which 2 parking spaces will be allocated for visitor parking and 16 spaces for the residential use. The proposed parking supply is in keeping with Transpiration Services comments that were provided as part of the Site Plan process for this development. Therefore, Transportation Services have no concerns with the variance being sought to parking. Ministry of Transportation (MTO) Comments: As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore 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 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 application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: No attachments January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 Topics for Discussion with the Committee of Adjustments February 21, 2023 Reference: 107 Chandler Dr, Kitchener, N2E 1G7 (Item 5.1 on the agenda) When is the basement construction project expected to begin and end? Laundry facilities o Continuance of right to current washers and dryers in the basement? o Alternate plan to add ensuite facilities in unrenovated units? o What, if any, are the cost implications to the current tenants of unrenovated units, should either of the above happen? o Will tenants be evicted, in order to install ensuite laundry facilities? o If neither option is a possibility, will the owner reduce our rent for the period of laundromat? Lockers o Continuance of right to access to our current lockers? o Alternate plan? Parking o Continuance of right to our current parking spots? o Where will contractors park? (they often park in our spots, randomly) o assigned visitor parking spots) Bins for construction debris o Location of them o Will they be using our garbage dumpster and recycling bins? (they fill them up) o Will they be putting garbage around the dumpster, as they have in the past? (no one cleans it up, unless tenants complain) Days and hours of construction (noise, construction dust and possible odors) o What are the municipal noise control bylaws around this? o Right to peaceful enjoyment of my unit. Safety of tenants during construction o Building infrastructure, if structural changes are made in the basement o Safe removal of any asbestos. How will this affect current tenants? o How will they keep the common areas clean and free of debris? Cleanliness while under construction. o Will cleaners come more often, to maintain cleanliness? They currently clean o Will contractors clean up after themselves? (they have not done so in the past) How will basement windows be installed, with balconies over them? Will any balconies be removed? If so, will they be replaced with new ones? Will they be adding an additional stairwell down to the basement? Will existing tenants ever be asked, or forced, to vacate their apartments and if so, for what purpose and for how long? Will existing tenants lose water, sewage, heat or hydro during the construction period? If so: o How much notice will be given? o For how long can these rights legally be cut off at any one time? o Are there specific hours or days when these can legally be cut off? o Will tenants be asked or forced to move out as a result? Will new smoke alarms be hard wired into existing, unrenovated units? Will our mailboxes be moved, removed or changed? Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 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 4 DATE OF REPORT: February 8, 2023 REPORT NO.: DSD-2023-072 SUBJECT: Minor Variance Application A2023-017 - 854 Doon Village Road RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2023-017 for 854 Doon Village Road requesting relief from Section 7.3, Table 7-6, of Zoning By-law 2019-051 to permit: i) A maximum Floor Space Ratio (FSR) of 0.75 instead of the maximum permitted Floor Space Ratio (FSR) of 0.6; and ii) A rear yard setback of 6.4 metres instead of the minimum required 7.5 metres; to facilitate development of the site with a multiple dwelling (stacked townhouses) having 24 dwelling units, in accordance with Site Plan Application SP22/182/D/TS, dated January 26, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to permit the construction of a 24 unit stacked townhouse residential development. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located at the intersection of Doon Village Road and Bechtel Drive. The current use of the property is a single detached dwelling. The subject property is identified as Community Area Urban Structure and is designated Low Rise Residential Low Rise Residential Five Zone (RES-5-law 2019-051. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Subject Property 854 Doon Village Road Front View 854 Doon Village Road Side View 854 Doon Village Road The application is requesting relief from Section 7.3, Table 7-6 of Zoning By-law 2019-051 to permit a Floor Space Ratio of 0.75 instead of the maximum permitted 0.6 FSR. A minimum rear yard setback of 6.4 metres is requested instead of the minimum required 7.5 metres. The variances will facilitate the development of a 24 unit stacked townhouse residential dwelling. The applicant has submitted a site plan application for the development and is in the process of obtaining conditional approval for the development. 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 number of policies related to density in low rise residential areas. The Low Rise Residential land use designation accommodates a full range of low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings and special needs housing. Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6, however site specific increases up to a maximum FSR of 0.75 may be considered, where it can be demonstrated that the increase in the FSR is compatible. Staff is of the opinion that the increase in the FSR meets the general intent of the policies of the Official Plan. Staff is satisfied the requested variances will maintain the low density character of the property and surrounding neighbourhood. General Intent of the Zoning By-law The RES-5 zone permits a range of housing types, and the intent of 0.6 FSR maximum is to ensure development occurs at a scale which is compatible with other low-rise housing forms in adjacent neighbourhoods. The proposed townhouse units will provide a mix of housing types while maintaining compatibility with the low rise residential neighbourhood. As such, staff is satisfied the requested variance to increase the maximum FSR from 0.6 to 0.75 meets the general intent of the Zoning By-law. The intent of the rear yard setback is to ensure adequate separation from adjacent properties and to ensure there is appropriate amenity space for residence. The proposed 6.4 metre rear yard setback still provides adequate separation from adjacent properties and due to a significant grade change to the adjacent properties the rear yard space will not be functional. Through the site plan process an adequate amenity space on site has been indicated on the plan and is appropriate for the development. The general intent of the zoning is maintained through the variance for the rear yard setback. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the reduced rear yard, and increased FSR will not present any significant impacts to adjacent properties or the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are appropriate for the development and use of the land as the proposed townhouses (multiple dwelling) use is a permitted use in the Zoning By-law. The scale, massing and height of the proposed townhouse units will not negatively impact the existing character of the subject property or surrounding neighbourhood. Environmental Planning Comments: No Natural Heritage planning concerns. Tree management will be addressed through the Site Plan application process. Heritage Planning Comments: No Heritage Planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the stacked townhouse is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Engineering Division has no concerns. Parks/Operations Division Comments: Parks Division has no concerns with the application. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM This 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 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 2019-051 Proposed Site Plan January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 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 INVOLVED: 1 DATE OF REPORT: February 10, 2023 REPORT NO.: DSD-2023-076 SUBJECT: Minor Variance Application A2023-018 - 11 Centennial Road RECOMMENDATION: Zoning By-law 2029-051 That Minor Variance Application A2023-018 for 11 Centennial Road requesting relief from Section 10.3, Table 10-2, of Zoning By-law 2019-051 to permit four (4) existing buildings to have a rear yard setback of 2.7 metres instead of the minimum required 7.5 meres and to permit a right northerly side yard setback of 0.6 metres instead of the minimum required 1.5 metres for the one (1) of the existing buildings to legalize the location of four (4) existing garage buildings at the rear of the subject property as shown on Site Plan SP16/063/C/SRM, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to legalize four existing buildings in the rear yard of an industrially zoned property. 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 the circulation of the application via mail, notification by way of the Record newspaper and signage placed on the property. This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Centennial Road and east of Forwell Road. It is zoned identified as Arterial Corridor on Map 2 Urban Structure and is designated General Industrial Employment on Map 3 General Industrial Employment Zone (EMP-2 in Zoning By-law 2019-051. The purpose of this application is to legalize the rear yard and side yard setbacks for four (4) existing garage buildings located in the rear yard. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. It is noted that the four detached garages located in the rear yard were constructed without planning or building approvals. This has been brought to the attention of the Building Division who are now requesting a building permit for the four detached structures in the rear yard. Before a building permit can be processed, minor variance approval is required for reduced setbacks. It is noted that the garage located closest to the right (northerly) side lot line currently encroaches over the side lot line as shown on the survey, dated July 6, 2022, and submitted with the application. The owner is proposing to cut back the structure so that it has a setback as requested in the recommendation section above. Site Plan application SP16/063/C/SRM is currently being processed to acknowledge all buildings on the site and to determine the number of legally existing parking spaces. Staff visited the site on February 10, 2023. Aerial photo 1 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: View of front yard from right side General Intent of the Official Plan The intent of the General Industrial Employment designation is to provide for a broad range of industrial uses. The property is used for industrial tenants currently consisting of tradesperson or contractor establishments, automotive detailing and repair operation and warehousing. The subject property backs onto the rear yard of an Arterial Commercial (COM-3) zoned property (see aerial photo 1). The designation does not comment on building setbacks. Staff are of the opinion that the general intent of the Official Plan is met with the uses on the subject property. General Intent of the Zoning By-law The intent of the side yard and rear yard setbacks is to ensure that buildings do not negatively impact the neighbouring properties. A minimum rear yard of 2.8 metres exists for the four buildings which is sufficient to maintain the one-storey buildings. As well, because of a grading difference and vegetation along the rear lot line, the buildings have minimal impact/view from the property along the rear lot line. See aerial photo 2 below. Regarding the proposed 0.6 metre side yard setback, that building currently encroaches over the side lot line and the applicant has advised that the building will be modified by cutting it back or reconstructing it. As noted above, a one-storey building has minimal visual impact on the neighbouring properties and the proposed 0.6 metre setback will allow for maintenance of the building. Based on above comments, staff are of the opinion that the general intent of the Zoning By-law is met. Is/Are the Effects of the Variance Minor? The minor variances for the existing one-storey rear yard buildings are suitable for an industrially zoned lot. The building closest to the side lot line must be modified to meet the requested 0.6 metre setback. Staff are of the opinion that the setback variances are minor. Aerial photo 2: Google 3D view 2023 View of front yard from left side Is/Are the Variance(s) Desirable For the Appropriate Development or Use of the Land, Building and/or Structure? As noted above, the variances are considered minor for the subject property. The buildings are used by tenants for industrial uses. Therefore, staff consider it appropriate development for the property. Regarding to the surrounding area, the buildings are not visible from the street and have no impact on the streetscape. Other Site Plan Matters During the Site Plan review and a recent site visit, it is noted that there is non-compliance in other areas of the property. Section 10.5 of the Zoning By-law prohibits outdoor storage of goods, equipment or materials in any yard abutting a street. There is currently some outdoor storage in the front yard including a garbage container. Any outdoor storage should be removed from the front Regarding parking spaces in the front yard, the by-law requires a minimum 3 metres front yard setback to parking spaces and drive aisles. As well, within 3 metres of the front yard, landscaping such as grass is required. As part of the Site Plan approval, this is being confirmed. In addition, it is noted that a sign has been placed on the wooden fence facing Centennial St. Signs on fences are not permitted under a separate bylaw, the Sign By-law. The applicant can legalize the sign by removing it from the fence and constructing it as a free-standing ground sign with a sign permit. Staff to follow up separately with the agent or property owner on this matter as it is under a different bylaw. main building that are used by the neighbouring property. It is noted that these are not legal spaces. Although there are other regulations of non-compliance the only variance before the Committee is the location of the four (4) accessory buildings. The other matters will be resolved through the Site Plan Approval process. Proposed Site Plan Heritage Comments: Slight overlap with Cultural heritage landscape under review on the south-east property line. Environmental Planning Comments: No natural heritage concerns, tree management will be addressed through the Site Plan Application. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the accessory structures is obtained to legalize the construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. 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. Metrolinx Comments: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. The proponent is advised the following: 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. Ministry of Transportation Comments: The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore 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 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 nning 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 Zoning By-law 2019-051 January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority To: Kitchener Committee of Adjustment From: Farah Faroque, Intern Adjacent Developments GO Expansion - Third Party Projects Review Metrolinx th Date: February 6, 2023 Re: A 2023-018 11 Centennial Rd, Kitchener - MV Metrolinx is in receipt of the minor variance application for 11 Centennial Rd to permit the legalization noted below: o The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. o The proponent is advised the following: Warning: 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 From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: 10 DATE OF REPORT: February 10, 2023 REPORT NO.: DSD-2023-073 SUBJECT: Minor Variance Application A2023-019 - 100-102 Waterloo Street RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-019 for 100-102 Waterloo Street requesting relief from the following sections of Zoning By-law 85-1: i) Section 39.2 to allow a minimum front yard setback of 1.0 metre instead of the minimum required 6.28 metres; and ii) Section 5.3 to allow portions of the proposed building to be located within the Driveway Visibility Triangles; to permit a new semi-detached dwelling, generally in accordance with drawings attached to Report DSD-2023-073, as Attachment A and Attachment B, 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 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, rvisor, Site Plans. No changes to the said plan . *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of variances to permit redevelopment of the property with a new semi-detached dwelling with a reduced front yard setback and relief for Driveway Visibility Triangles. There are no financial implications. Community engagement included circulation of the application via mail and notification by way of The Record and signage placed on the property. This report supports the delivery of core services. BACKGROUND: The subject property is located on the east side of Waterloo Street, north of Shanley Street in the Mt. Hope Huron Park Planning Community. The surrounding lands are composed of a mix of low- density residential land uses, primarily single detached dwellings. The property contains a semi- detached dwelling, on one lot, that was constructed in approximately 1884. The existing dwelling currently encroaches onto the Waterloo Street right-of-way by 0.59 metres. The property is identified as Major Transit Station Area (MTSA) on Map 2 Urban Structure and is designated Low Rise Residential on Map 3 The property is zoned Residential Five Zone (R-5) in Zoning By-law 85-1. The subject property is -law (i.e., implementation of new RES zones) and is not subject to By-law 2019-051. The future zoning of the property has been deferred to a subsequent project, since the property is within a Major Transit Station Area (MTSA). City Planning staff visited the property on January 23, 2023. Figure 1: Aerial photo showing subject property outlined in white. The property has been the subject of two sets of multiple Committee of Adjustment applications since 2021, as follows: 1. On June 15, 2021, the subject property was the subject of a Committee of Adjustment decision regarding Consent Application B2021-039 and Minor Variance Applications A2021- 077 and A2021-078. The Committee granted conditional consent to create a new lot to facilitate redevelopment of the lands for two new dwellings, one on each resultant lot. The severed lot had an approximate lot width of 8.74 metres, a depth of 26.3 metres, and an area of 246 square metres. A variance was also approved for the severed lot, which permitted a reduced lot width of 8.74 metres instead of the required 9.0 metres (Minor Variance Application A2021-078). The retained lot had an approximate lot width of 8.74 metres, a depth of 26.3 metres, and an area of 230 square metres. The retained lot required a minor variance (Minor Variance Application A2021-077) to allow a reduced lot width to be 8.74 metres, instead of the required 9.0 metres and a reduced lot area to be 230 square metres, instead of the required 235 square metres. 2. On May 17, 2022, the subject property was the subject of further Committee of Adjustment decisions regarding Minor Variance Applications A2022-040 and A2022-041. The Committee granted approval to both variances, without conditions, to facilitate the development of a duplex dwelling on each resultant lot, as previously approved by Consent Application B2021- 039. The variances were as follows: a) The purpose of Application A2022-040 was to request further variances for the proposed retained lot as follows: i) to permit a reduced minimum front yard setback of 5.3 metres, instead of the minimum required 6.2 metres as outlined in Section 39.2.1 of Zoning By-law 85-1, and ii) to permit a reduced minimum rear yard setback of 6.2 metres, instead of the minimum required 7.5 metres as outlined in Section 39.2.1 of Zoning By-law 85-1. b) The purpose of the Application A2022-041 was to request further variances for the proposed severed lot as follows: i) to permit a reduced minimum front yard setback of 5.4 metres, instead of the minimum required 6.2 metres as outlined in Section 39.2.1 of Zoning By-law 85-1, and ii) to permit a reduced minimum rear yard setback of 6 metres, instead of the minimum required 7.5 metres as outlined in Section 39.2.1 of Zoning By-law 85-1. At this time, as part of the subject application, the applicant has advised that they do not intend on proceeding with any of the previously approved applications. Instead, the applicant now intends on demolishing the existing dwelling and constructing a new semi-detached dwelling on the property. The applicant does not propose to sever the lot along the common wall of the new semi-detached dwelling; at this time, the semi-detached dwelling would remain on one lot. To facilitate this new plan, the applicant is requesting the following variances, both under Zoning By-law 85-1 only (By- law 2019-051 does not apply): 1. Requesting relief from Section 39.2 to allow a Minimum Front Yard of 1.0 metre, whereas 6.28 metres is required; and 2. Requesting relief from Section 5.3 to allow portions of the proposed building to be located within the Driveway Visibility Triangles. The subject lands are within Appendix H: Residential Intensification in Established Neighbourhoods Study (RIENS) Areaof By-law 85-1. The R-5Zone requires thatthe Minimum Front Yard for lands In this regard, the required Minimum Front Yard has been determined as follows: Front yard setback of 96 Waterloo Street (abutting lot to south): 7.95 metres Front yard setback of 108 Waterloo Street (abutting lot to north): 6.61 metres \[7.95 + 6.61) / 2\] 1.0 = 6.28 metres In addition, it should be noted that in the vicinity of the subject property ther lines along Waterloo Street, which has the effect of increasing the width between the City sidewalk and the front lot line. The and the technical determination of the required minimum front yard based on the setbacks of abutting dwellings, are complicating factors, which make compliance with the required setback challenging if the building is to remain a similar distance to the street as the dwellings to the north. The requested variance would have the effect of permitting existing detached garage to continue to exist and be used for parking for the new dwelling. Planning staff further notes that the existing dwelling is encroaching onto the City right-of-way by 0.59 metres and possesses poor street presence, having no front door and only two small windows facing the street (see Figure 3). The proposed dwelling would be located 1.59 metres farther from the street than the existing dwelling. Figure 2: front lot lines along Waterloo Street in the vicinity of the subject property, which creates increased width between the City sidewalk and the front lot line. Figure 3: Photo of the front of the subject property including the existing dwelling, taken from Waterloo Street. 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 Official Plan (2014) contains a number of policies that relate to Variance 1, for example: variance(s) will be reviewed, but not limited to the following to ensure, that:b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the The Official Plan (2014) contains the following Parking policy that relates to Variance 2: 13.C.8.4. All parking areas or facilities will be designed, constructed and maintained: a) to be users, on the site, and at points of ingress and egress related to the site; Understanding the variability of the front lot lines on the east side of Waterloo Street, in the immediate vicinity of the subject property (see Figure 2), requested Variance 1would help to ensure that the distance between the proposed dwelling and the sidewalk / street is similar to that of the adjacent properties to the north and would help support and maintain the character of the streetscape and the neighbourhood, in accordance with the intent of Policy 4.C.1.8.b). Regarding Variance 2, Transportation Services staff has commented as follows: A portion of the each of the proposed dwellings are within the 4.57m x 4.57m driveway visibility triangles (DVT), however, due to the approximate 3 metre setback from the property line to back of curb, Transportation Services is of the opinion that there is sufficient visibility being provided within this area. Therefore, Transportation Services can support the minor encroachments into the DVTs. It should also be noted that Waterloo Street is not listed within the City of Kitchener Official Plan of roads to be widened under Schedule D Plan. No transportation safety or efficiency concerns have been identified with the request for relief from the Driveway Visibility Triangle regulation, as a result of the unique characteristics between the front lot line and the sidewalk / travelled portion of the street. Planning staff is of the opinion that the variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the minimum front yard setback is to ensure that buildings are adequately set back from the travelled portion of the right-of-way for buffering and safety purposes, to ensure that a consistent street wall / streetscape is established, and to allow sufficient private front yard landscaped area for aesthetic reasons. The general intent of the Driveway Visibility Triangle requirement is to ensure drivers entering and exiting the property have a clear view of any potential obstacles. In this case, because of the unique characteristics of the front lot lines in the immediate vicinity, there are no concerns with respect to buffering, streetscape, front yard landscaped area, or visibility. Planning staff is of the opinion that the variances meet the general intent of the Zoning By-law. Are the Effects of the Variance Minor? Transportation Services staff has advised that it has no concerns with the requested variances. In addition, Planning staff has no concerns about impact on the streetscape and front yard landscaping. Planning staff is of the opinion that the variances are minor because they will not create unacceptably adverse impacts on neighbouring properties or the right-of-way. Are the Variance Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The applicant has advised that the existing semi-detached dwelling is uninhabitable. The proposal would permit the lands to be redeveloped with a new semi-detached dwelling. The proposal would facilitate an outcome that results in usable housing and would preserve the existing detached garage, preventing waste. This outcome is consistent with the objectives of Planning staff is satisfied that the variances are desirable for the appropriate development of the land. Environmental Planning Comments: A Tree Management condition was requested as part of Consent Application B2021-039. Although the lands are no longer proposed to be severed, the proposal is to still demolish the existing semi- detached dwelling and construct a new semi-detached dwelling on the subject property. The potential impacts to existing trees and vegetation remains the same and so it would be appropriate to still consider the approval of a Tree Preservation Plan as a condition of the Minor Variance Application. 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 properties municipally addressed as 100 & 102 Waterloo Street are located within the Mt Hope/Breithaupt Neighbourhood 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. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the semi- detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: A portion of the each of the proposed dwellings are within the 4.57m x 4.57m driveway visibility triangles (DVT), however, due to the approximate 3m setback from the property line to back of curb, Transpiration Services is of the opinion that there is sufficient visibility being provided within this area. Therefore, Transportation Services can support the minor encroachments into the DVTs. It should also be noted that Waterloo Street is not listed within the City of Kitchener Official Plan of roads to be widened under Schedule D. Regional Municipality of Waterloo Comments: No concerns. GRCA Comments: No concerns. MTO 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 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 application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 85-1 Report DSD-2021-142 (Applications B2021-039, A2021-077 and A2021-078) Report DSD-2022-225 (Applications A2022-040 and A2022-041) ATTACHMENTS: Attachment A: Elevation Drawings submitted with Application A2023-019 Attachment B: Site Plan Drawing submitted with Application A2023-019 Attachment A: Elevation Drawings submitted with Application A2023-019 Attachment B: Site Plan Drawing submitted with Application A2023-019 January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 From:Andrew Pinnell To: Cc:Committee of Adjustment (SM);Tina Malone-Wright Subject:RE: A 2023-019 - 100-102 Waterloo Street Date:Wednesday, February 8, 2023 1:19:30 PM Attachments: Hi Scott, Thanks for your comments. I have copied the Committee of Adjustment administrator so that the Committee becomes aware of your comments. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner | Planning Division | City of Kitchener 519-741-2200 x7668 | TTY 1-866-969-9994 | andrew.pinnell@kitchener.ca From: Scott Morris <> Sent: Wednesday, February 8, 2023 11:47 AM To: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: A 2023-019 - 100-102 Waterloo Street You don't often get email from Learn why this is important Hi Andrew, I live in the neighbourhood on Shanley St. and I'd like to officially submit my complaint about 100- 102 Waterloo Street (A 2023-019) that is coming before the Committee of Adjustment. I'm an avid walker and walk this street frequently. They are asking for an 84% reduction in set back, which is massive! This would change the sight lines along Waterloo street and make it more dangerous for pedestrians and home owners in the immediate area as it reduces the visibility around driveway access and imposes on the sidewalk area. The setbacks in this area are pretty consistent along the street, so there is little reason for this property to have such a reduction in setback, and with clever architectural designs most likely not really needed (where would the porches go?) As well this property is already at a slight bend in the road, and the sidewalk at this location is already impaired due to its narrow width and the inclusion of a hydro pole. I'm not sure how to send my message to the Committee of Adjustment for inclusion in their records, so I'm hoping you can point me in the right direction. Thanks, Scott Morris P.S. Here is a Streetview screenshot for reference. From: To:Andrew Pinnell Cc:Tina Malone-Wright;Committee of Adjustment (SM) Subject:Re: Committee of Adjustment meeting, February 21, 2023 Date:Monday, February 13, 2023 5:03:05 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png Andrew: Thanks for this information and I look forward toFriday. My two immediate thoughtsare: 1. it is unfortunate that while the city is constantly talking about encouraging residents to voice their opinions, there is no easy link for us to comment for committees (like this one) and the final material is not available until the Friday prior to the meeting. 2. The existing dwelling was built long before RIEN was implemented. So I don't agree with the logic that a new structure should get a free pass just because they violate the zoning rules "less than" what is currently there. Ted On Mon, Feb 13, 2023 at 4:46 PM Andrew Pinnell <Andrew.Pinnell@kitchener.ca> wrote: Hi Ted, I would encourage you to review the Planning staff report, which will be available sometime st on Friday (click here and find the February 21 Committee of Adjustment meeting under “Upcoming Meetings”). The report explains that the current dwelling encroaches 0.6 metres beyond the front property line, because there is a “jog” in the front lot lines on the east side of Waterloo Street, in this location. The proposed setback is actually 1.6 metres greater than the setback of the existing building. The report provides more details and drawings. Please take a read of the report on Friday, and if you have any questions, let me know and I’d be happy to discuss with you. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner | Planning Division | City of Kitchener 519-741-2200 x7668 | TTY 1-866-969-9994 | andrew.pinnell@kitchener.ca From: Ted Parkinson <> Sent: Monday, February 13, 2023 1:31 PM To: Andrew Pinnell <Andrew.Pinnell@kitchener.ca>; Tina Malone-Wright <Tina.MaloneWright@kitchener.ca> Subject: Committee of Adjustment meeting, February 21, 2023 Some people who received this message don't often get email from. Learn why this is important I am writing about this request: " 5.4A 2023-019 - 100-102 Waterloo Street Requesting a minor variance to Zoning By-Law 85-1 to permit a front yard setback of 1.0m rather than the required 6.28m; and, to permit the proposed dwelling to encroach into the Driveway Visibility Triangle, to facilitate the construction of two semi-detached dwellings. The existing semi-detached dwelling is proposed to be demolished." I absolutelyreject this request and I assume the committee will as well. The city of Kitchener spent an enormous amount of time creating the RIENSguidelines and received much public input. One of the most important guidelines is the 6 metre setback and this was to retain the integrity of streetscapes. Reducing this to 1 metre is ridiculous and will negatively impact properties along the block. It will also set a very negativeprecedent. Why would the city go to the trouble and expense of creating these zoning requirementsand then just throw them out? Overall I've usually been in favour of development in our area. The 152 Shanley building has been done with a great deal of attention to the neighbourhood. And I do not mind the design of the newer homes, though not everyone agrees. But the 6 metres is a big deal and should be maintained for all properties. Ted Parkinson Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: February 3, 2023 REPORT NO.: DSD-2023-020 SUBJECT: Minor Variance Application A2023-020 - 66 Fallowfield Drive RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2023-020 for 66 Fallowfield Drive requesting relief from Section 7.3 table 7-2 of Zoning By-law 2019-051, to permit: i) An exterior side yard setback of 4 metres instead of the minimum required 4.5 metres to facilitate new exterior cladding and a small window bump out addition to the exterior wall of the existing dwelling; and ii) An exterior yard setback of 3 metres instead of the minimum required 4.5 metres to facilitate the addition of a new screened-in gazebo to be constructed on the existing rear deck; in accordance with site plan prepared by Evolve Builders Group Inc., dated January 19, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review minor variances to allow for renovations to the existing single detached dwelling which will not meet the minimum exterior side yard setback regulation. 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. 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. BACKGROUND: The subject property is locatedsouth of Block Line Rd and to the east of Homer WatsonBlvd. It currently contains two-storey single detached house, with an attached garage and a deck in the rear yard. The property is a corner lot. Figure 2: Location on Google Earth Figure 1: Location on zoning map 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 (2014). The property is zoned RES-4 under Zoning By-Law 2019-51 The purpose of the application is to facilitate some alterations/additions to the exterior wall of the existing single detached dwelling and rear deck. The corner of the principal building was built right at the required side yard setback and any addition or alteration would result in a deficiency. The homeowner would like to increase the energy efficiency of the house by adding more insulation to the exterior wall. In addition, the owner is looking to have a boxed window on this side of the dwelling which will result in a setback of 4 metres from the exterior lot line at the closest point. The owner is also planning to enclose the existing deck in the back yard with a screened in gazebo that will be located 3 metres from the exterior side lot line at the closest point instead of the minimum required 4.5 metres. Figure 3- Excerpt from Site Plan to show the exterior side yard nd Planning staff conducted a site inspection on Thursday, Feb. 2, 2023 Pictures from the site visit from the front and the exterior yard 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 it states thatall additions and/or modifications to existing residential buildings and conversions in predominantly low density neighbourhoods should be compatible with and respect the massing, scale, design and physical character of the established neighbourhood and have both appropriate landscaped areas and parking areas provided on site. The Low-Rise Residential land use designation permits 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 proposal to add a boxed window to the side and enclose the rear/side deck with a gazebo is an appropriate alteration for the dwelling and subject property. As the built form will continue to be 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 intent of the 4.5 metres exterior setback is to ensure that there is a consistent streetscape for dwellings along the flanking street (Britton Place).As the majority of the dwelling will still be setback 4-4.5 metres from the exterior lot line and the 1.5 metre deficiency only affects the corner portion of the rear deck, sufficient exterior side yard and a consistent streetscape will continue to exist and the intent of the zoning by-law will be maintained. Appropriate rear yard access and an exterior side yard will also still be maintained and will not be affected by these alterations and gazebo addition. Is/Are the Effects of the Variance(s) Minor? The requested variance can be considered as they will not adversely impact the streetscape or the surrounding properties. The deficiency of the setback of the dwelling of 0.5 metres will not be noticeable as the alterations/additions will be screened by a wood privacy fence and the gazebo will be setback a minimum of 3 metres at the shortest distance. The proposed changes to the exterior side wall and deck of the existing dwelling will not have a negative impact on the streetscape and adjacent dwelling units. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances for a reduced exterior side yard are desirable and appropriate as they will help improve the existing single detached dwelling while respecting the massing, scale, design, and physical character of the established neighbourhood with no negative impact on the abutting lots, the streetscape or traffic visibility. Environmental Planning Comments: No natural heritage concerns, or tree management concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the enclosed gazebo and window bump-out 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 concerns, no requirements. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Ministry of Transportation Operation: The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Regional comments: No concerns Grand River Conservation Authority GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not 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 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 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 2019-051 January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Kieran Luckhai, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: February 3, 2023 REPORT NO.: DSD-2023-068 SUBJECT: Minor Variance Application A2023-021 6 Cumberland Place RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2023-021 for 6 Cumberland Place requesting relief from Section 4.14.4 d) of Zoning By-law 2019-051, to permit a covered deck to be setback 0.7 metres from the side lot line instead of the minimum required 1.2 metres, in accordance with the drawings prepared by Craig Polach, dated January 6, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application requesting relief from section 4.14.4 d) of Zoning By-law 2019-051 to permit a covered deck to be setback 0.7 metres from the side lot line instead of the minimum required 1.2 metres. The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located on the north-east side of Cumberland Place, within the Forest Heights neighbourhood. The surrounding context of the subject property is primarily comprised of low-rise residential uses. Community Areas Urban Structure and is Low Rise Residential The property is zoned Low Rise Residential Two Zone (RES-2-law 2019-051. The purpose of the application is to permit the extension of a covered deck 0.7 metres from the side lot line instead of the minimum required 1.2 metres. City Planning staff conducted a site inspection on January 27, 2023. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map: 6 Cumberland Place Figure 2: Front view of 6 Cumberland Place 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 Community Areas on Map 2 Urban Structure and is designated Rise Residential designation is to accommodate a diverse range of low-density residential uses. Official Plan policy 4.C.1.8 details criteria that should be considered where a minor variance is scale, massing, design, and character to adjacent properties and the streetscape; that modifications are sensitive to the exterior areas of adjacent properties; and that appropriate buffering or screening is provided to mitigate any adverse impacts, particularly with respect to privacy. Staff is of the opinion that the proposed covered deck and its siting will be compatible in scale and massing with the existing dwelling and with the dwellings on the side abutting properties (268 and 272 Rolling Meadows Drive). The requested side yard setback will maintain the overall low rise residential character of the surrounding neighbourhood, therefore maintaining the intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback required in the Zoning By-law 2019-051, is to ensure adequate access to the rear of the property while maintaining privacy and separation from abutting properties. The 0.7 metre setback that is a result from the proposed covered deck extension will still permit an appropriate means of entry. Given the proposed structure is a covered deck, staff are of the opinion that a 0.7 metre setback from the side lot line will be an appropriate setback and meet the intent of the regulation. Therefore, staff is of the opinion that the reduction in the side yard setback being requested meets the general intent of the zoning by-law. Is/Are the Effects of the Variance(s) Minor? The requested variance to reduce the side yard setback by 0.5 metres is minor in nature. Staff is of the opinion that the requested reduction in setback will allow for the extension of a covered deck that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or the surrounding neighbourhood. Appropriate rear and side yard access will continue to be accommodated. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance is desirable for the appropriate development and use of the land and building as the proposed deck is compatible with the form and scale of the surrounding properties. The reduced side yard setback will not infringe on the privacy of abutting properties, while allowing adequate access to the rear yard. As such, the requested variance is considered desirable in order to facilitate the extension of a covered deck. Environmental Planning Comments: No natural heritage features/functions, no Tree Management Policy concerns (no trees in subject area). Heritage Planning Comments: No concerns Building Division Comments: The Building Division has no objections to the proposed variance. A building permit has already been issued for the new roof structure. Engineering Division Comments: No concerns Parks/Operations Division Comments: No concerns Transportation Planning 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 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 inform application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Proposed Drawing Attachment B Survey of Subject Property Attachment A Applicant Drawing of Covered Deck Extension January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Ben Brummelhuis, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: 10 DATE OF REPORT: February 8, 2023 REPORT NO.: DSD-2023-070 SUBJECT: Minor Variance Application A2023-022 - 91 Shanley Street RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-022 for 91 Shanley Street requesting relief from Section 5.22 I) c) of Zoning By-law 85-1, to permit the roof of an Additional Dwelling Unit (ADU) (Detached) to have a maximum building height for a flat roof of 3.6 metres instead of the maximum permitted 3 metres, in accordance with drawings prepared by Paul Sanders, dated December 19, 2022, 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 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) Notwithstanding a) above, due to a tree located where the ADU is proposed to be located and that the tree may potentially be in shared ownership with the lot to the east (as shown on Site Plan dated December 19, 2022), may be from the foundation/grading for the ADU, and recommended remedial measures including root/branch pruning if/as required be completed and approved by the City prior to the issuance of a demolition and/or building permit. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of an ADU (Detached) with a flat roof height of 3.6 metres. The key finding of this report is that the request for minor variance meet the four tests of the Planning Act. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. There are no financial implications. Community engagement included circulation of the application via mail, notification by way of The Record and signage on the property. This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of Shanley Street and the intersection of Shanley and Dekay Street. The surrounding neighbourhood is comprised of a range of low-rise residential uses. Figure 1 Aerial Location Map The subject property is identified as 'Major Transit Station Area Urban Structure and is Low Rise Residential Residential Five Zone (R-5-law 85-1. The purpose of the application is to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) with a flat roof height of 3.6 metres instead of the maximum permitted 3 metres. The applicant intends to convert an existing tiny house on a trailer into ADU on a foundation. The applicant requires the additional height of 0.6 metres for a flat roof to allow for a higher foundation, more efficient drain/waste connection, increased natural light, and architectural interest. The proposed ADU will be located in the rear of the yard and will meet all additional requirements for an ADU in Section 5.22 of Zoning By-law 85-1. Staff visited the site on January 27, 2023. Figure 2 Photo from Site Visit Figure 3 Proposed Site Plan Figure 4 Elevation Drawings 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 Land Use. The intent of the Low Rise Residential designation is to permit a variety of low-density residential uses with an emphasis on compatibility with the built form, height, massing, scale, and design. The Low Rise Residential policy supports a cohesive relationship of the principal and accessory buildings with the streets, and within the neighbourhood. The current structure at 91 Shanley Street is a two-storey single detached dwelling similar in height, massing, scale, and design to adjacent buildings. Several properties on Shanley Street contain ADUs, accessory structures, and sheds in the rear yard, similar to the proposal. Staff is of the opinion that the proposed construction of an ADU is an appropriate use that provides a mix of residential uses and heights similar to and comparable to other structures within the surrounding neighbourhood and the intent of the Official Plan will be maintained. General Intent of the Zoning By-law The intent of the 3 metre flat roof height of an ADU is to ensure that there is adequate privacy and light to abutting properties, and the height is similar to accessory buildings and sheds of comparable height, massing, scale, and design. Given the highest portion of the roof is closest to the interior of the lot and the lowest portion of the roof abuts the side yard with an increased side yard setback, staff are of the opinion that the 0.6 metre height increase is an appropriate height and meets the intent of the regulation. Therefore, staff is of the opinion that the increase in the height of the flat roof being requested meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The variance to increase the height of a flat roof by 0.6 metres is minor in nature. The lowest elevation of the roof of 3.1 metres, will abut the side yard setback of 0.7 metres, which is greater than the required 0.60 metres, and the portion of the roof that is 3.6 metres in height is closest to the interior of the yard. Staff is of the opinion that the requested increase will allow for the construction of an ADU on an appropriate foundation compatible with the existing shed on the property and will not negatively impact any adjacent properties or neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is appropriate for the development and use of the land. The variance will facilitate the relocation of an existing tiny home on a trailer to a foundation on the subject property. The requested variance is not expected to impact any of the adjacent properties or the surrounding neighbourhood as the highest portion of the roof is closest to the interior of the lot, and there is an increased side yard setback. The proposed massing, scale, and height of the ADU are compatible and will not negatively impact the existing dwelling, structures on the property, and the surrounding neighbourhood. Environmental Planning Comments: Due to a tree located where the ADU is intended to be and that the tree may potentially be in shared ownership with the lot to the east (as shown on Site Plan dated December 19, 2022), we are possible impacts from the foundation/grading for the ADU, and recommended remedial measures including root / branch pruning if/as required be completed and approved by the City prior to the issuance of a building permit. 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 91 Shanley Street is located within the Mt Hope/Breithaupt Neighbourhood 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. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the additional dwelling unit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. 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: Region of Waterloo has no concerns. Ministry of Transportation Comments: The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore 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 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 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 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 85-1 January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Ben Brummelhuis, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: 10 DATE OF REPORT: February 8, 2023 REPORT NO.: DSD-2023-067 SUBJECT: Minor Variance Application A2023-023 - 202 Breithaupt Street RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2023-023 for 202 Breithaupt Street requesting permission under Section 45(2)(a)(i) of Planning Act, to permit the enlargement or extension of a legal non-conforming use, a multiple dwelling with 4 dwelling units, to permit a multiple dwelling Neighbourhood Industrial Employment Zone (EMP-1) in accordance with drawings prepared by Guenther Rueb Surveying Limited, dated April 22, 1997, BE APPROVED subject to the following: 1. That the Owner obtain and register an environmental easement for operational noise and vibration emissions in favour of Metrolinx at the sole discretion and to the satisfaction of Metrolinx. 2. That the Owner enter into an agreement with Metrolinx, at the sole discretion and to the satisfaction of Metrolinx, to include the following warning clause in all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor : i) Warning: This is to 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The purpose of this report is to permit the enlargement or extension of a multiple dwelling with 4 dwelling units, to a multiple dwelling with 5 dwelling units. The key finding of this report is that the request for permission to enlarge/extend a legal non- conforming use in the opinion of planning staff be approved. There are no financial implications. Community engagement included circulation of the application via mail, notification by way of The Record and signage on the property. This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Breithaupt Street, near the intersection of Breithaupt Street and Margaret Avenue. Figure 1 Aerial photo of the Subject Property Major Transit Station Area Urban Structure and is General Industrial Employment Neighbourhood Industrial Employment Zone (EMP-1-law 2019- 051. The purpose of the zone is to permit a range of industrial uses on lands located within neighbourhoods and/or Major Transit Station Areas. The purpose of the application is to permit the enlargement/extension of a multiple dwelling with 4 dwelling units, to a multiple dwelling with 5 dwelling units. The site was originally developed with a multiple dwelling unit containing four dwelling units and an legal non-conforming in the previous By-law 85-1. In 1997 the Committee of adjustment approved the enlargement/extension of the legal non-conforming use from the previous owner to enlarge/extend the industrial building, to change the use from legal non-conforming to a similar or more compatible use, and to change the use of 120 square foot portion of the residential use to office. The site has operated as a multiple dwelling with five dwelling units prior to the purchase in 2003 to the current owners. The current owners were unaware that the site was to operate as a multiple dwelling with 4 dwelling units and have applied to legalize the fifth dwelling unit. Staff visited the site on January 27, 2023. Figure 2 Photo of Site Visit REPORT: Planning Comments: Case law sets out the tests to be applied by the Committee of Adjustment in considering applications under Section 45(2)(a)(i). It should be noted that the test to be applied is not the four-part test for minor variances under Section 45(1) but rather whether the approval of the application: 1. Is in the public interest; and 2. Creates unacceptable or adverse impact upon abutting properties. Is Approval in the Public Interest? Policies 17.E.20.8 and 17.E.20.9 of the Official Plan reiterate that the Committee of Adjustment may grant permission under the Planning Act to consider an enlargement or an extension of a legal non- conforming use subject to the enlargement/extension being in the public interest, representing good planning and not creating unacceptable adverse impacts upon abutting properties. The current Zoning By-law 2019-051 permits existing residential uses within sites zoned as EMP-1 in Table 10-1. A multiple dwelling with 5 dwelling units is legal non-conforming as the original use was legally known as a multiple dwelling with 4 dwelling units. A previous Committee of Adjustment Application was approved to extend/enlarge the existing legal non-conforming uses of the site in 1997. In the opinion of planning staff, the current application to enlarge/extend the legal non-conforming use is in the public interest as it provides an additional housing unit in an existing building and represents good planning in the form of a gentle increase in density in the Major Transit Station Area. Any Adverse or Unacceptable Impacts? The application does not impose any impacts upon abutting properties, as it will be functioning as it did before the previous owners and is within the scope of the current zoning, which allows existing residential uses. Planning Staff do not have any concerns with the proposed enlargement/expansion of the legal non-conforming use with an additional dwelling unit. Planning staff are of the opinion that the additional dwelling unit within the existing building will not cause any adverse or unacceptable impacts. Environmental Planning Comments: Environmental Planning has no concerns due to nature of application (no site 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 202 Breithaupt Street 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. Building Division Comments: th The Building Division has no objections to the proposed variance provided building permit for the 5 dwelling unit is obtained to legalize the unit. Please contact the Building Division at building@kitchener.ca with any questions. 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. For any future applications, ensure the dimensioning of parking spaces and vehicle drive aisle widths be noted on the plan. Region of Waterloo Comments: Regio of Waterloo has no concerns. Ministry of Transportation Comments: The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Metrolinx Comments: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the 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 reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Derek.Brunelle@Metrolinx.com with questions and to initiate the registration process. The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor. o Warning: 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. WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non- exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities andoperations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. 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 he 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 bsite 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 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 Committee of Adjustment Submission No. A74/97 January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority To: Kitchener Committee of Adjustment From: Farah Faroque, Intern Adjacent Developments GO Expansion - Third Party Projects Review Metrolinx th Date: February 6, 2023 Re: A 2023-023 202 Breithaupt St, Kitchener - MV Metrolinx is in receipt of the minor variance application for 202 Breithaupt St to facilitate the extension of the existing dwelling and to permit a fifth dwelling unit within the exis 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 per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the 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 reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Derek.Brunelle@Metrolinx.com with questions and to initiate the registration process. The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor Warning: 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 Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 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: February 8, 2023 REPORT NO.: DSD-2023-077 SUBJECT: Consent Application B2023-005 Fairway Road North & Woolner Trail Grand River Conservation Authority RECOMMENDATION: That Consent Application B2023-005 requesting consent to create an easement for servicing over Parts 4 and 7 on Reference Plan 58R-21318, BE APPROVED subject to the following conditions: 1. ocuments 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 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 . 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 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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. dertaking 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 property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 7. That prior to final approval, the owner/applicant must submit a valid 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 create an easement to facilitate servicing over lands owned by the Grand River Conservation Authority, in favour of lands previously severed (B2021-011) and which have been conveyed to the Waterloo Catholic District School Board. There are no financial implications. Community engagement included circulation of the application via mail and notification by way of the Record and signage placed on the property. This report supports the delivery of core services. BACKGROUND: The subject property is located on Fairway Road North between Woolner Trail and the Grand River bridge as shown on Image 1 and 2 below. Lands on the south-east corner of Woolner Trail and Fairway Road North (Parts 1, 2, 3, 5 and 6 on 58R-21318) were previously severed from the subject lands by the Grand River Conservation Authority (GRCA) and have been conveyed to the Waterloo Catholic District School Board (WCDSB) for a future middle/secondary school. The purpose of this easement is to provide for construction, operation, maintenance, etc. of services over the subject lands. There are existing stormwater channel and sanitary pipes located within City owned lands south of the subject lands which may be appropriate connection points for future servicing. Image 1 Photo of subject lands February 2, 2023. Image 2 Excerpt from Severance Plan (Parts 4 and 7, 58R-21318) The subject lands are identified as Community Area on Map 2 Urban Structure and is designated on Map 3 . The property is split zoned Agricultural Zone A-1, 69U, 107R in Zoning By-law 85-1 and Open Space: Stormwater Management Zone (OSR-3 in Zoning By-law 2019-051. Future development of the benefitting lands will require additional planning processes, and detailed engineering design and approvals. REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: 14.1.1. To provide infrastructure, municipal services and utilities in a coordinated, efficient and cost- 14.1.2. To maximize the use of existing municipal services and utilities before consideration is given to extending and/or developing new municipal services. 14.1.3. To promote cost-effective development patterns and standards to assist in minimizing servicing costs. 17.E.20.4. Consents may be permitted for the creation of a new lot, boundary adjustments, rights of-way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created. 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 easement is desirable and appropriate. The future servicing and stormwater design for the benefitting lands will be reviewed and approved in accordance with the applicable provincial, regional and municipal policies. The proposed easement provides flexibility for the applicant to develop servicing and stormwater management plans that connect to and utilizes existing infrastructure. Environmental Planning Comments: No concerns. The requested easement is for proposed infrastructure that is similar in nature and adjacent to existing infrastructure permitted within the floodplain. Heritage Planning Comments: There are no heritage concerns with the proposed consent. The subject land is adjacent to 80 Woolner Trail, which is designated as a cultural heritage property under Part IV of the Ontario Heritage Act. Additional heritage work may be required for other planning applications. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: The stormwater and servicing design will be reviewed through a future planning application. Engineering has no comment on the consent application. Parks/Operations Division Comments: No Concerns and no requirements. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Grand River Conservation Authority: The GRCA has no objections, from a regulatory or property perspective, to the application. Region of Waterloo Comments: The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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. COMMUNITY ENGAGEMENT: INFORM 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 application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2014) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 85-1 and 2019-051 DSD-2021-053 January 30, 2023 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT, 854 DOON VILLAGE ROAD 13439551 Kitchener, ON N2G 4G7 CANADA INC (4) VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Subject: Committee of Adjustment Meeting February 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 016 107 Chandler Drive No Concerns. 2) A 2023 - 017 854 Doon Village Road No Concerns. 3) A 2023 - 018 11 Centennial Road No Concerns. 4) A 2023 019 100-102 Waterloo Street No Concerns. 5) A 2023 - 020 66 Fallowfield Drive No Concerns. 6) A 2023 - 021 6 Cumberland Place No Concerns. 7) A 2023 - 022 91 Shanley Street No Concerns. 8) A 2023 - 023 202 Breithaupt Street No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЋВЎЎЊЏ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 January 31, 2023 Committee of Adjustment City of Kitchener 200 King Street West Kitchener ON N2G 4V6 CofA@kitchener.ca Re: Consent Application B2023-005 Fairway Road North at Woolner Trail Waterloo Catholic District School Board Grand River Conservation Authority (GRCA) staff have reviewed the above-noted application for an easement. Recommendation The GRCA has no objections, from a regulatory or property perspective, to the application. Documents Reviewed by Staff Staff have reviewed the marked up property survey submitted with the 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 150/06and our MOU with the Region of Waterloo. The GRCA has also reviewed this application as the property owner. Information currently available at our office indicates that the subject lands contain the Grand River floodplain. We have no concerns with the consent application from a Page 1 of 2 regulatory perspective.Any future development on the easement will likely require a GRCApermit. Wealsohave no concerns with the consent applicationfrom a propertyperspective. The proposedeasement was a condition associated with the recent disposition of the adjacent property to the applicant. ______________________________ Wereceiveda fee for our review of Consent Application B2021-011, and no further fees are required.A separate fee for a GRCA permitwill be requiredif development is proposed in a GRCA-regulated area. 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@grandriver.ca. Sincerely, ____________________________ Trevor Heywood Resource Planner GrandRiver Conservation Authority Encl.Resource Mapping cc:Jennifer Passy, Waterloo Catholic District School Board Page 2of 2 Grand River Conservation Authority Date: Jan 31, 2023 Author: TH Fairway Rd N at Woolner Trail, Kitchener Legend Regulation Limit (GRCA) Regulated Watercourse (GRCA) Regulated Waterbody (GRCA) Wetland (GRCA) Floodplain (GRCA) Engineered Estimated Approximate Special Policy Area Slope Valley (GRCA) Steep Oversteep Steep Slope Erosion (GRCA) Oversteep Toe Lake Erie Flood (GRCA) Lake Erie Shoreline Reach (GRCA) Lake Erie Dynamic Beach (GRCA) Lake Erie Erosion (GRCA) Parcel - Assessment (MPAC/MNRF) This legend is static and may not fully reflect the layers shown on the map. The text of Ontario Regulation 150/06 supercedes the mapping as represented by these layers. Copyright Grand River Conservation Authority, 2023. Disclaimer: This map is for illustrative purposes only. Information contained herein is not a substitute for professional review or a site survey and is subject to change without notice. The Grand River Conservation Authority takes no responsibility for, nor guarantees, the accuracy of the information contained on this map. Any interpretations or conclusions drawn from this map are the sole responsibility of the user. The source for each data layer is shown in parentheses in the map legend. For a complete listing of sources and citations go to: https://maps.grandriver.ca/Sources-and-Citations.pdf 02550100150 GRCA Metres Map Centre (UTM NAD83 z17): 548,689.42 4,810,551.35 NAD 1983 UTM Zone 17NScale: 4,606 This map is not to be used for navigation | 2020 Ortho (ON) ± From:SHLLAKU Paul To:Alison Fox Subject:City of Kitchener - B2023-005 Date:Tuesday, February 14, 2023 12:41:23 PM Attachments:image001.png Hello, We are in receipt of your Application for Consent, B2023-005 dated February 2,2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: http://www.hydroone.com/StormCenter3/ Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 21, 2023 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 1 DATE OF REPORT: February 7, 2023 REPORT NO.: DSD-2023-074 SUBJECT: Consent Application B2023-006 - 21 Nelson Avenue RECOMMENDATION: That Consent Application B2023-006 requesting consent to sever a parcel of land having a lot width of 15.0 metres, a lot depth of 38.1 metres and a lot area of 570 square metres, BE APPROVED, subject to the following conditions: 1. ments and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxe Revenue Division; 3. That the 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 4. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services Division. 5. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the 6. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. Services Division. 8. That the Owner provides Engineering staff with confirmation that the basement elevation 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 to the satisfaction of the Director of Engineering Services. 9. That the 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. 10. 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: a) Spatial separation of existing buil Building Official. Closing in of openings may be required, pending spatial separation calculation results. b) A building permit shall be obtained for any remedial work/ upgrades that may be required by the Building Code Assessment. 11. agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction Director of Planning, which shall include the following: a) That the owner shall prepare a Tree Preservation Plan for the severed and retained lands, Supervisor, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. 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 further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of th Supervisor, Site Plans. REPORT HIGHLIGHTS: The applicant is requesting consent to create one new lot for a single detached dwelling while the retained lot will maintain an existing single detached dwelling. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located near at the intersection of Nelson Avenue and Norbert Place in the Bridgeport Neighbourhood of the City of Kitchener. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. Figure 1: Location Map 21 Nelson Avenue The subject property is ident Urban Structure and is designated --law 85-1. The applicant is requesting consent to create one new lot for a single detached dwelling while the retained lot will maintain an existing single detached dwelling. The severed lot would have a lot frontage of 15.0 metres, a lot depth of 38.1 metres and an area of 570 square metres, while the retained lot would have a lot frontage of 23.7 metres, a lot depth of 38.1 metres and an area of 874 square metres. Figure 2: Proposed Lot Fabric Figure 3: Existing single detached dwelling at 21 Nelson Avenue Planning staff conducted a site visit on January 21, 2023. REPORT: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as 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 new lot for a future single detached dwelling that is compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in closer proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. repres 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. The subject lands are designated Built-Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking-water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. Official Plan The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low- rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built form. The maximum net residential density for lands which are designated Low Rise Residential will be 30 units per hectare. The proposed severance is in accord with this aspect of the plan and maintains the residential land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: 17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; 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 proposed lot widths and lot areas of the proposed severed and retained lots exceed the minimum R-3 zone lot width and lot area requirements and minor variances are not required. 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 neighbourhood which is developed with single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan. Zoning By-law Three Zone (R-3-law 85-1. The R-3 zone permits a range of low density dwelling types such as single detached dwellings. The R-3 Zone requires a minimum lot width of 13.7 metres (internal lots) and 15.0 metres (corner lots) and minimum lot area of 411 square metres for single detached dwellings. The proposed lot widths and lot areas of the proposed severed and retained lots meet the minimum R-3 zone lot width and lot area requirements. Planning Conclusions With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. The uses of both the severed and retained par 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. Environmental Planning Comments: The following standard Tree Management condition needs to be applied. with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor a) That the owner shall prepare a Tree Preservation Plan for the severed and retained lands, in Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. 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 further agrees to implement the approved plan. No changes to the said plan shall be Heritage Planning Comments: Heritage Planning has no concerns with the proposed consent application. Building Division Comments: The Building Division has no objections to the proposed consent provided: 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 address such items as: Closing in of openings may be required, pending spatial separation calculation results. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Christine.Goulet@kitchener.ca expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Division Comments: Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash-in-lieu dedication required is $11,862.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 15.01m at a land value of $36,080 per frontage meter with a per unit cap of $11,862.00. There is an existing City-owned street tree located on Nelson Avenue that will be impacted by future construction / demolition. If this tree cannot be protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By-law, full compensation and replacement is expected. A Tree Protection and Enhancement Plan (TPEP) will be required as part of a Building Permit application, please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. For the severed portion of lands, ensure a corner visibility triangle is maintained at Nelson Avenue/Nobert Place and that a proposed driveway is setback a minimum of 9 metres from an intersection. Region of Waterloo Comments: The Region has no objection to the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) 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 February 6, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting February 21, 2023 Applications for Minor Variance A 2023-016107 Chandler Drive A 2023-017854 Doon Village Road A 2023-01811 Centennial Road A 2023-019100-102 Waterloo Street A 2023-02066 Fallowfield Drive A 2023-0216 Cumberland Place A 2023-02291 Shanley Street A 2023-023202 Breithaupt Street Applicationfor Consent B 2023-00621 Nelson Avenue Grand River ConservationAuthority (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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox Subject:MTO Review: Committee of Adjustment Applications for the City of Kitchener- Meeting date February 21, 2023. Date:Friday, January 27, 2023 9:50:00 AM Good morning Alison, A 2023-016 - 107 Chandler Drive As proposed, the Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-017 - 854 Doon Village Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-018 - 11 Centennial Road The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-019 - 100-102 Waterloo Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-020 - 66 Fallowfield Drive The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-021 - 6 Cumberland Place The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-022 - 91 Shanley Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. A 2023-023 - 202 Breithapt Street The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-005 - Fairway Road North-Woolner Trail The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. B 2023-006 - 21 Nelson Avenue The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, approval and permits will not be required. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 1L3 M: (226)-980-6407