HomeMy WebLinkAboutDSD-2023-067 - A 2023-023 - 202 Breithaupt Street
Development Services Department www.kitchener.ca
with 5 dwelling units to recognize its use in the Ð
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advise that the subject land is located within MetrolinxÓs 300
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The subject property is identified as ÒÓ on Map 2 Î
designated ÒÓ on Map 3 ÎLand Use in the CityÓs 2014 Official Plan.
The property is zoned Ò)Ó in Zoning By
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industrial building used for auto body repair and automobile sales. The siteÓs uses were considered
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o The Applicant is advised that the subject land is located within MetrolinxÓs 300
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additional information on the CityÓs we
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
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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 Ũ 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 existing dwelling. Metrolinxşs
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: The Applicant is advised that the subject land is located within Metrolinxşs
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
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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.
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