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HomeMy WebLinkAboutCA Agenda - 2023-05-16 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 4, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: May 16, 2023 REPORT NO.: DSD-2023-230 SUBJECT: Minor Variance Application A2023-037 Consent Application B2023-010 709 Glasgow Street RECOMMENDATION: A. That Minor Variance Application A2023-037 for 709 Glasgow Street requesting relief from Section 7.3, Table 7-1 of Zoning By-law 2019-051, to permit a minimum lot width of 20 metres instead of the minimum required 24 metres, in accordance with drawings prepared by Van Harten Survey Inc, dated January 18, 2023, BE APPROVED. B. That Consent Application B2023-010 for 709 Glasgow Street requesting consent to sever a parcel of land having a lot width on Glasgow Street of 20 metres, a lot depth of 126 metres, and a lot area of 2851 square metres, generally in accordance with Plans prepared by MHBC Planning, dated May 3, 2023, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2023-037 receive final approval. 2. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5. That the Owner shall: a) Remove all structures including the shed, the driveway, and the amour and stone retaining walls from the S Supervisor, Development Applications. b) That a Curb Cut Permit is obtained, and a new driveway is installed to provide vehicular access to the existing dwelling on the Retained lands. c) Prior to any site alteration, any removals of structures on the Severed lands in accordance with 5. a) above, and the installation of a new driveway on the Retained lands in accordance with 5. b) above, that the property owner shall prepare a Tree Preservation and Enhancement Plan for the Severed and R satisfaction of and approval b shall include, among other matters, the identification of a proposed driveway location, existing building, and/or proposed work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted d) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing, or installation of the driveway, the issuance of any demolition, building permits, and/or curb Site Plans. 6. T an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the include the following: a) That the owner shall prepare a Tree Preservation Plan for the Severed and Retained lands, in 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 (which may require approval of Minor Variance(s)), 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 Supervisor, Site Plans. 7. That the property owner shall: a) Complete a Building Code Assessment for the existing dwelling proposed to be retained on the parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the include recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 8. That the property owner shall make financial arrangements 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. 9. That the property owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the property owner submits a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset prior to deed endorsement. 11. That the property owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 12. That any new driveways are to be built to City of Kitchener standards at the Director of Engineering Services. 13. That the property owner provides confirmation that the basement elevation can be Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer Engineering Services. 14. That, prior to deed endorsement, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 15. That prior to deed endorsement, the owner/applicant shall submit a valid Section 59 notice. 16. That prior to final approval, an agreement between the Owner/Applicant and the City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and retained lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, deeds, and lease/rental agreements: Severed Lot: A) The dwelling/building will be installed with a suitably sized and designed forced air-ducted heating and ventilation system with the provision of central air- conditioning at the occupant's discretion. B) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." "Warning: Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future, including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." C) The Owner shall ensure that all noise attenuation measures required pursuant to this Agreement are implemented and completed to the satisfaction of The Regional Municipality of Waterloo and where applicable, incorporated in the building plans for the dwelling unit on the Severed Lands prior to the Owner requesting the issuance of any building permits. The Owner further agrees to construct the dwelling unit on the Severed Lands in accordance with approved plan(s) which incorporate all such required noise attenuation measures. Retained Lot: A) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a consent application and associated minor variance applications to permit the creation of a new lot for a single detached dwelling that was deferred to the May 16, 2023, meeting. The applicant has considered the request by Committee and wishes to proceed with the original application with revisions to the conceptual plan that shifts the available building footprint and re-locate the driveway on the retained lands in an effort to improve tree savings. The key finding of this report is that staff supports the applications and recommends approval with conditions as outlined in staff report DSD-2023-107 and this report. There are no financial implications. As the applications were deferred to the May 16, 2023, meeting, there was no need to re- advertise. This report supports the delivery of core services. REPORT: Applications A2023-073 and B-2023-010 were originally heard at the March 16, 2023 Committee of Adjustment meeting. The decision of the Committee was to defer these applications until May 16, 2023, to allow an opportunity for the applicant to explore alternatives to the lot configuration and the location of the proposed building envelope on the severed parcel. In response to the Deferral, MHBC Planning has submitted a letter dated May 3, 2023 (see Attachment A). It outlines continued support of the minor variance and consent applications as originally submitted but has modified the conceptual plan to now show a revised building envelope to meet zoning requirements and a re-located driveway on the retained parcel to improve tree-saving (see Figure 1 below). Staff supports the refinements and will work with the applicant to enhance any tree saving opportunities through detailed plan submissions required by the conditions of approval outlined in this report. Figure 1 Conceptual Plan (Option 2), May 2023 (MHBC) Updated Regional comments were received post the finalization of the Planning Staff report for the March 16, 2023, Committee meeting and were not included in their entirety in DSD-2023-107. REGIONAL COMMENTS The applicant is proposing to sever a parcel of land having a lot width of 20 metres along Glasgow Street, a lot depth of 126 metres and a lot area of 2,581 square metres for a new single detached dwelling. The lands to be retained will have a lot width of 26 metres along Glasgow Street, a lot depth of 125 metres and a lot area of 4,043 square metres and will contain an existing single detached dwelling addressed as 709 Glasgow Street. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Corridor Planning: Environmental Noise: The proposed severed and the retained lots are located within 200 metres (roughly 180m) of the CN Railway and is anticipated to have impacts from transportation noise sources in the vicinity. Therefore, in the absence of a detailed environmental noise study, the Region agrees to the following noise attenuation measures implemented through a registered agreement with the City of Kitchener for the severed and the retained lot: Severed Lot: A) The dwelling/building will be installed with a suitably sized and designed forced air-ducted heating and ventilation system with the provision of central air-conditioning at the occupant's discretion. B) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." "Warning: Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future, including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaintsor claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Retained Lot: A) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant submit a valid Section 59 notice. 3) That prior to final approval, an agreement between the Owner/Applicant and the City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and retained lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, deeds, and lease/rental agreements: Severed Lot: A) The dwelling/building will be installed with a suitably sized and designed forced air-ducted heating and ventilation system with the provision of central air-conditioning at the occupant's discretion. B) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." "Warning: Canadian NationalRailway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future, including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Retained Lot: A) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." City Planning Comments: City staff recommends that the following clause also be inserted into the agreement, to apply to the Severed Lot, to advise that where noise attenuation measures are required through building permit application, that the Owner is responsible to ensure these are implemented where Ontario Building Code cannot require noise attenuation measures. The Owner shall ensure that all noise attenuation measures required pursuant to this Agreement are implemented and completed to the satisfaction of The Regional Municipality of Waterloo and where applicable, incorporated in the building plans for the dwelling unit on the Severed Lands prior to the Owner requesting the issuance of any building permits. The Owner further agrees to construct the dwelling unit on the Severed Lands in accordance with approved plan(s) which incorporate all such required noise attenuation measures. 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 Ci council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: DSD-2023-107 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 2019-051 ATTACHMENTS: Attachment A MHBC Letter of May 3, 2023 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 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: Ward 8 DATE OF REPORT: March 15, 2023 REPORT NO.: DSD-2023-107 SUBJECT: Minor Variance Application A2023-037 Consent Application B2023-010 709 Glasgow Street RECOMMENDATION: Zoning By-law 2019-051 A. That Minor Variance Application A2023-037 for 709 Glasgow Street requesting relief from Section 7.3, Table 7-1 of Zoning By-law 2019-051, to permit a minimum lot width of 20 metres instead of the minimum required 24 metres, in accordance with drawings prepared by Van Harten Survey Inc, dated January 18, 2023, BE APPROVED. B. That Consent Application B2023-010 requesting consent to sever a parcel of land having a lot width of 20 metres, a lot depth of 126 metres, and a lot area of 2851 square metres, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2023-037 receive final approval. 2. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission . 5. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. a) That all structures including the shed, the driveway, and the amour and stone Supervisor, Development Applications. b) That a Curb Cut Permit is obtained and new driveway is installed to provide vehicular access to the retained lands. i) Prior to any removals of structures on the severed lands, the installation of a new driveway on the retained lands, any site alternation and issuance of curb cut permit, that the property owner shall prepare a Tree Preservation and Enhancement Pla Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed driveway location, existing building, and/or proposed work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the ii) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing, or installation of the driveway, the issuance of any demolition, building Site Plans. 6. That an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the include the following: a) That the owner shall prepare a Tree Preservation Plan for the severed and 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 (which may require approval of Minor Variance(s)), 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 Supervisor, Site Plans. 7. That the property owner shall: a) Complete a Building Code Assessment for the existing dwelling proposed to be retained on the \[severed or retained\] parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to address items such as, but not limited to, spatial separation of existing ns such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 8. That the property owner shall make financial arrangements 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. 9. That the property owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the property owner submits a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information eering Services, prior to deed endorsement. 11. That the property owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 12. That any new driveways are to be built to City of Kitchener standards at the Director of Engineering Services. 13. That the property owner provides confirmation that the basement elevation can be Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer Engineering Services. 14. That, prior to deed endorsement, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 15. That prior to deed endorsement, the owner/applicant shall submit a valid Section 59 notice. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a consent application and associated minor variance applications to permit the creation of a new lot for a single detached dwelling. The key finding of this report is that requested minor variance meets the four tests of the Planning Act and requested severance meets the criteria of the Planning Act. There are no financial implications. Community engagement included circulation of the application via mail, notification by way of the Record and signage placed on the property. This report supports the delivery of core services. BACKGROUND: The subject property is located at 709 Glasgow Street and has been developed with a single detached dwelling. The lot is approximately 4,043 square metres in area and is bound by Glasgow Street to the north and existing residential properties to the east and west. The surrounding neighbourhood consists of wooded lots and a mix of lot sizes. Figure 1 Ariel Photo of the Subject Site TCommunity Areas Urban Structure and is Low Rise Residential Residential Zone 1 (RES-1-law 2019-051. The purpose of the application is to facilitate the severance to create one lot for a single detached dwelling while the retained lot will maintain an existing single detached dwelling. Staff visited the subject property on March 1, 2023. Figure 2 Photo of Subject Property Figure 3 Photo of Subject Property REPORT: Planning Comments Minor Variance Application A2023-037: 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 and lot sizes with an emphasis on compatibility with the surrounding neighbourhood. The minor variance will facilitate creation of a new lot that will obtain the existing land use designation and promote the construction of a new dwelling similar to the surrounding neighbourhood. Staff is of the opinion that newly created lot will facilitate an appropriate use that provides a mix of residential uses, that is 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 24 metre lot width is to ensure there is adequate space for side yard setbacks, buildable area, minimal impacts to abutting properties, and sufficient lot size. Given that the reduction in the minimum lot width is 4 metres less than the minimum and allows for the appropriate side yard setbacks, buildable area to exist within the newly created lot and poses no impacts to the ability to develop the adjacent lot, and sufficient in size, staff is of the opinion that a reduction from 24 metres to 20 metres in lot width is appropriate and meets the intention of the regulation. Is/Are the Effects of the Variance(s) Minor? The effects of the variances are minor in nature. The reduction of the lot width is considered minor as it does not prohibit the function of other regulations, provide adequate buildable area, and impose any impacts on abutting ability to develop in the future. Therefore, staff is of the opinion that the requested variance is minor in nature as it does not prohibit the function of side yard , and the current property. 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 severance of a lot that is similar in shape and size to the surrounding neighbourhood. The requested variance is not expected to impact any of the abutting properties or the surrounding neighbourhood as it maintains a similar lot width to properties that is sufficient in size and maintains the existing wooded lot distinctions. Staff is of the opinion that the requested variance will be appropriate for the creation of a new lot and use of land that is coherent with the intention of the Official Plan and Zoning By-law. Planning Comments Consent Application B2023-010: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2014) 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 dwelling unit 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 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. represents intensification and w targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that a future development proposal will conform to the Growth Plan. Regional Official Plan (ROP): Urban Area. The subject lands are designated Built-Up Area in the ROP. A future proposed development will conform 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. The subject property is identified as Urban Structure and is 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: 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 area and lot width of the retained lot exceed the minimum RES-1 zone lot area and width requirements. The proposed lot area of the severed lot exceeds the minimum RES-1 zone lot area requirement. The proposed width of the severed lot is less than the minimum 24 metres and does not prohibit the functions and intentions of the RES-1 zone for lot width. 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 are compatible with the surrounding neighbourhood which is developed with a mix of residential uses, 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 2019-051 Low Rise Residential One Zone (RES-1-law 2019- 051.The proposed lot size and setbacks will comply with the Council approved RES-1 Zone; however, a variance is required to permit a minimum lot width of 20 metres rather than the minimum 24 metres. Discussion is provided in the minor variance section of this report, and in summary staff are supportive of the requested variances. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. 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 tree management study, included as part of the Planning Justification Report, was reviewed by Staff. The purpose of the study at this stage in the application process was to inventory the trees and vegetation and demonstrate that there is a suitable building envelope. Staff is satisfied with the study at this stage and note that there is a suitable building envelope on the property, not necessarily in the location as shown on the sketch for severance. At such time as development plans are known for the severed parcel, the Tree Management Plan will be required to be updated prior to any site alteration and building permit issuance. Staff will be reviewing the updated Tree Management Plan to ensure minimal impacts to trees and or vegetationon the severed parcel. As noted, this may require the proposed new building to be placed in an alternative location than shown on the sketch for severance. The proposed building location may also require Minor Variance(s); i.e front yard setback, depending on where it is proposed to be located on the severed parcel. As a requirement of the consent application staff recommend the following conditions: 1. a) That all structures including the shed, the driveway, and the amour and stone retaining walls be removed from the severed lands to the satisfaction of the Applications. b) That a Curb Cut Permit is obtained and new driveway is installed to provide vehicular access to the retained lands. i) Prior to any removals of structures on the severed lands, the installation of a new driveway on the retained lands, any site alternation and issuance of curb cut permit, that the property owner shall prepare a Tree Preservation and Enhancement Plan for ment Policy, to the include, among other matters, the identification of a proposed driveway location, existing building, and/or proposed work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior ii) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing, or installation of the driveway, the issuance of any demolition, building permits, and/or curb cut permit to the satisfaction 2. shall enter into an agreement 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, 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 Supervisor, Site Plans. Heritage Planning Comments: Heritage Planning has no concerns. Building Division Comments: Building Division has no concerns with the minor variance application. The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. The Building Division has no objections to the proposed consent provided: 1. A qualified designer is retained to complete a Building Code Assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades that may be required by the Building Code Assessment. Engineering Division Comments: Engineering has no concerns with the minor variance application. Engineering has the following comments with respect to the application for consent. 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 eric.riek@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. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 20.11m at a land value of $36,080 per frontage meter with a per unit cap of $11,862. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: The applicant is proposing to sever a parcel of land having a lot width of 20 metres along Glasgow Street, a lot depth of 126 metres and a lot area of 2,581 square metres for a new single detached dwelling. The lands to be retained will have a lot width of 26 metres along Glasgow Street, a lot depth of 125 m and a lot area of 4,043 square metres and will contain an existing single detached dwelling addressed as 709 Glasgow Street. Regional Fee (Advisory Comments): The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. The Region has no objection to the proposed application, subject to the following conditions: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2. That prior to final approval, the owner/applicant submit a valid Section 59 notice. Updated Region of Waterloo comments/conditions will be provided under separate cover. The Ministry of Transportation Comments: The Ministry of Transportation (MTO) has no requirement for this application. The subject property is located beyond MTO limits of permit control and therefore MTO review, acceptance and permits will not be required. Grand River Conservation Authority (GRCA) Comments: The GRCA has 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 the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Planning Justification Report KITCHENER WOODBRIDGE LONDON KINGSTON BARRIE BURLINGTON May 3, 2023 Brian Bateman, Tina Malone Wright Committee of Adjustment Coordinator City of Kitchener-Planning Division P.O. Box 1118 th 200 King Street West, 6 Floor Kitchener, ON N2G 4G7 Dear Mr. Bateman/Ms. Malone-Wright via e-mail RE: Consent Applications for Severance and Minor Variance (File #’s B2023-010 & A2023-037) 709 Glasgow Street, Kitchener OUR FILE #21208A In response to the deferral of the above noted application by the Committee of Adjustment, we have reviewed the comments by the public and considered discussion by members of the community and Committee members. Our clients have carefully considered alternatives to the proposed severance plan including the recommendation by Committee of Adjustment members to explore potential to create a flag-shaped lot whereby the new home is situated closer to Glasgow Street in front of the existing house within the front yard of the existing house. The following is intended to summarize the rationale for maintaining the original proposal as the most viable option for the creation of a new lot for the purposes of permitting a building lot for single-detached residential development subject to minor adjustments that will be made in consideration of existing tree and grading conditions including reconfiguration of the driveway for the retained lot which will curve around an existing tree stand. PROVINCIAL PLANNING POLICY FRAMEWORK The Provincial Policy Statement (PPS) and A Place to Grow provide direction for guiding development in a way that supports economic prosperity, protects the environment and helps communities achieve a high quality of life by setting out areas where intensification should occur, prioritizing settlement areas and more particularly within delineated built up areas. In this regard, the lands are located within a delineated built up area with full municipal services and accordingly meet the intention of the PPS and A Place to Grow. REGIONAL OFFICIAL PLAN AND CITY OF KITCHENER OFFICIAL PLAN In 2003, Regional Council adopted the Regional Growth Management Strategy (RGMS) which provides a common vision for the future growth of Waterloo Region. As part of the RGMS, the Region has been planning in an integrated, cross-departmental way to meet the needs of a growing population. Through the adoption of the RGMS, Regional Council identified reurbanization as a cornerstone to the sustainable growth of this community. The intent of reurbanization is to direct new residential and non- residential development into targeted areas within the built-up area to slow the rate of expansion into the peripheral greenfield lands. In doing so, the community can make better use of existing urban people to live and work and by improving access to essential human services and programs. The creation of an additional building lot within the built up area will assist in meeting the Region’s growth targets for residential development. The City of Kitchener Official Plan was adopted in 2014 through the approval of Official Plan Amendment 103. The 2014 Official Plan establishes a community structure and identifies the subject lands as being within Community Area in the Urban Structure of the City of Kitchener. Residential development is permitted within Community Areas as per Section 3.C.2.50. Policy 3.C.2.51 provides that areas within the Community Area structure will include Low Rise Residential land uses and further Policy 3C2.52 provides that limited intensification may be permitted within Community Areas subject to being sensitive and compatible with the character, form and planned function of the surrounding context. The lands are designated Low Rise Residential as identified on Map 3 of the City’s Official Plan which permits single-detached residential development in accordance with zoning bylaw requirements. In this regard, both the existing and proposed lots more than meet the zoning by-law requirements for lot size and are in keeping the residential character of the surrounding neighbourhood. The proposed consent application will result in a new residential building lot capable of supporting new residential development (i.e. a unit) in a designated built up area with approved zoning and designation in an official plan that permits this type of development. In addition, Map 6 of the City’s Official Plan (attached ) identifies areas having Natural Heritage features, detailed mapping and criteria for which were identified through the City of Kitchener Natural Heritage System Background Study. No Natural Heritage Features have been identified on the property and accordingly the proposed development is in keeping with the Regional Official Plan and City of Kitchener Official Plan PURPOSE OF SEVERANCE The owners of the property, John and Susan Gallivan have resided on the property for 17 years and have maintained, respected and enjoyed the property and neighbourhood during this time. The owner’s intention is to create their final home for retirement purposes in order to continue to enjoy the special qualities and tranquil setting of their property including the trees and affiliated natural environment offered within this urban environment. CONSIDERATIONS FOR ALTERNATIVE LOT CONFIGURATIONS The proposed newly created lot configuration has been carefully considered with respect to meeting the intention of the zoning by-law thereby reducing the requirement for additional minor variances such that only a variance for the lot width from 24 metres to 20 metres is required. The new lot will have 2,581 m2 of lot area while the retained parcel will have 4,043 m2 of lot area while the zoning bylaw requires a minimum lot area of 929 m2. Both the severed and retained lots more than meet the size requirements of the zoning bylaw and are in keeping with lot sizes within the neighbourhood. 2 Consideration of a flag-shaped lot whereby the newly created building envelope would sit in the front yard of the existing house is not supported by City staff and is not in keeping with existing lotting pattern (attached) and character of this well-established neighbourhood. The flag-shaped lot proposal would also negatively impact the front yard of the existing house. In addition, while no trees are located on this portion of the property, the grading and drainage conditions of the property would not lend itself to making this a viable option as the front yard area is a low point and not suitable for construction purposes. As well, the owners would not be able to enjoy the valuable asset of a backyard setting that currently exists where the building envelope is proposed on the severed parcel. CONSIDERATION FOR TREE REMOVALS The existing property contains well over 300 trees, the majority of which will not be affected by the creation of a lot for residential development. The provision of a Tree Management Plan that will be refined through the development process and required as a condition of the severance is intended to ensure the retention and maintenance of as many trees as possible pending final decisions on house design, final orientation and location of the house and grading considerations. The intention of the owners is to maintain the valuable nature of the property and enjoy the continued use of the property for their own retirement. It is a unique property deserving of preservation of its unique natural setting to the extent possible within an urban environment such that the property can continue to be enjoyed in the future. In addition, the owners intend to supplement any tree removals required to facilitate construction of their final home with appropriate landscaping and additional tree plantings. SUMMARY AND CONCLUSIONS Preference is for lot creation as originally proposed with minor adjustments to proposed driveway location for retained lands to curve around existing tree stand and provide flexibility of proposed building envelope for the severed lands to minimize removal of trees and adjustment to existing grades as much as possible, pending final building design and approval of Tree Management Plan; The proposal is consistent with Provincial, Regional and City Policies for lot creation; The minor variance for a reduction in lot width required to facilitate the creation of a new lot is considered minor; City of Kitchener staff are in support of the severance plan subject to conditions; Proposed conditions of the severance will adequately address tree removals, grading, drainage and the intent of the City’s Zoning By-law regulations regarding building setbacks. _________________________ _______________________________ Dan Currie, MA, MCIP, RPP Nicolette van Oyen, BES, MCIP, RPP Partner Senior Planner cc.John Gallivan, Susan Homer, Jeff Buisman 3 PLANNING JUSTIFICATION REPORT Consent to Sever a Residential Lot 709 Glasgow Street City of Kitchener Date: January 3, 2023 Prepared for: John Gallivan and Susan Homer Prepared by: MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) 540 Bingemans Centre Drive, Suite 200 Kitchener, Ontario T: 519.576.3650 F: 519.576.0121 Our File: 21208’A’ Table of Contents 1.0 INTRODUCTION ......................................................................................................................... 1 2.0 CONTEXT .................................................................................................................................... 3 2.1 Site ................................................................................................................................................ 3 2.2 Surrounding Land Uses ................................................................................................................. 4 2.3 Background ................................................................................................................................... 4 3.0 DESCRIPTION OF PROPOSAL .................................................................................................... 5 3.1 Proposed Severance ...................................................................................................................... 5 3.2 Westmount Neighbourhood Compatibility .................................................................................... 5 4.0 SUMMARY OF TECHNICAL STUDIES ........................................................................................ 6 4.1 Tree Management ......................................................................................................................... 6 5.0 PLANNING ANALYSIS ................................................................................................................. 7 5.1 Provincial Policy Statement ........................................................................................................... 7 5.2 A Place to Grow - Growth Plan for the Greater Golden Horseshoe .............................................. 9 5.3 Regional of Waterloo Official Plan ............................................................................................... 10 5.4 City of Kitchener Official Plan ...................................................................................................... 11 5.5 The Planning Act, R.S.O. 1990 ..................................................................................................... 14 5.6 City of Kitchener Zoning By-law 85-1 ........................................................................................... 16 5.7 Four Tests of Minor Variance ........................................................................................................17 6.0 CONCLUSIONS ......................................................................................................................... 19 Planning Justification Report – Severance 709 Glasgow Street, City of Kitchener i LIST OF FIGURES After Page Figure 1 Location and NeighbourhoodContext1 Figure 2 Proposed Severance Sketch 5 Planning Justification Report – Severance 709 Glasgow Street, City of Kitchener ii LIST OF TABLES & APPENDICES Table 4 - Zoning Matrix Table ............................................................................................................... 16 Appendix A - Pre-Submission Consultation Record Appendix B - Severance Sketch, Prepared by Van Harten Surveying Inc. Planning Justification Report – Severance 709 Glasgow Street, City of Kitchener iii 1.0 INTRODUCTION MacNaughton Hermsen Britton Clarkson Planning Limited (hereinafter “MHBC”) was retained by John Gallivan and Susan Homer (hereinafter the “Owners”) to provide justification in support of an application to sever one residential lot at 709 Glasgow Street in the Westmount neighbourhood in the City of Kitchener, for the development of a new residential building lot. The property is municipally addressed as 709 Glasgow Street and is hereinafter referred to as the “subject property”. The subject property is comprised of one 6,624 m² (0.66 hectare) parcel fronting onto Glasgow, which is illustrated on Figure 1 Location & Neighbourhood Context. The property contains an existing 2 story single-detached residential dwelling towards the rear of the property that was built in the 1970’s. The Owners are looking to sever the subject property creating one (1) new residential lot and retaining one (1) residential lot. The proposed severance would create a lot that has approximately 20 metres of frontage onto Glasgow Street, and would be 2,581m² (0.26 hectares) in size. Both lots would be appropriately serviced by municipal water and wastewater treatment systems. The retained lot would have approximately 25 metres of frontage onto Glasgow Street and would be 4043 m² (0.40 hectares) in size. A Pre-Submission Consultation was held on September 30, 2021 which confirmed requirements for submission of a complete application include the following: A Planning Opinion that addresses policy conformity; compatibility with surrounding lot sizes and neighbourhood character to justify compatibility; setbacks and limits of development; impacts; preliminary servicing; confirmation of good planning; Tree Management Plan; Applications for Consent and Minor variance. Accordingly, in support of the application we have included the following: Planning Opinion Report including analysis of Neighbourhood compatibility and demonstration of how the proposal meets the Four Tests of a Minor Variance. One (1) copy of each of the Consent to Sever and Minor Variance Applications, completed, signed and commissioned in PDF Format; Planning Justification Report – Severance Application 709 Glasgow Street, City of Kitchener 1 One (1) cheque in the amount of $4300 made payable to the City of Kitchener; One (1) cheque one (1) cheque in the amount of $650, made payable Regional Municipality of Waterloo (provided directly to Region of Waterloo); One (1) copy of the Severance Sketch, prepared by Van Harten Surveying Inc., dated December 14, 2022; Arborist/Tree Saving Report, prepared by MHBC Planning, dated September 13, 2022. Planning Justification Report – Severance Application 709 Glasgow Street, City of Kitchener 2 2.0 CONTEXT 2.1 Site The subject property at 709 Glasgow Street is comprised of one 6,624m² (0.66 hectare) parcel fronting onto Glasgow Street within the Westmount Planning Area of the City of Kitchener. The subject property is located on the south side of Glasgow Street, between Fischer Hallman Road and Westmount Road West. The subject property is legally described as Part of Lot 44, Registered Plan 793. The subject property contains the existing 2 story single-detached residential dwelling built in 1976 that is located near the back of the lot. The house is situated at the top of a gentle upward slope and there is a relatively flat, grassed front lawn area with a mature tree stand screening the house from street view and as well there are many trees along the perimeter and to the rear of the existing house. There is an existing driveway at the eastern limits of the property that circles in front of the house. It is intended that this driveway entrance will service the newly created lot and a new driveway and entrance will be created to serve the existing residential dwelling. The proposed single detached dwelling will be situated directly adjacent to the existing house with a similar setback and will comply with all yard setback requirements of the Zoning Bylaw. View of Subject Property from Glasgow Street Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 3 2.2Surrounding Land Uses The subject propertyissituated within the Westmount neighbourhood in the City of Kitchener. The lands fronting Glasgow Street were historically developed with larger estate style single-detached homes on larger lots. However, some properties in the area have been developed at a greater density including developments directly north and to the east of the subject lands. Westmount Golf Course is also located on the north side of Glasgow Street across from the subject lands. The lands are well served by existing public and secondary schools, community facilities as well as active parks and natural areas. The lands are serviced by municipal water and wastewater services. The property is surrounded primarily by residential uses as illustrated in Figure 1. North: Residential Townhomes and Westmount Golf Course West: Single detached dwellings South: Residential subdivision on relatively smaller lots East: Residential lots of varying sizes 2.3 Background A Pre-submission consultation meeting was held on September 30, 2021 for which the comment record has been included as Appendix A. This report is intended to satisfy the requirements to form a complete application for the proposed severance to create a lot for single-detached residential development. Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 4 3.0 DESCRIPTION OF PROPOSAL 3.1 Proposed Severance The application proposes to create one (1) new residential building lot, and one (1) retained residential lot with an existing dwelling. A new residential dwelling is proposed for the severed lot and the proposed building envelope has been identified on the Severance Sketch prepared by Van Harten Surveying Inc., dated December 14, 2022 and attached as Appendix B. The proposed building envelope will have sufficient space to accommodate a variety of building configurations. Figure 2 illustrates the proposed severance sketch. 3.2 Westmount Neighbourhood Compatibility The City of Kitchener encourages development that is compatible with the location, density and other characteristics of surrounding land uses. The land use compatibility of the severance needs to address the impacts of surrounding land uses and the impacts of the proposed development on surrounding land uses. As Figure 1 demonstrates, the properties forming the Westmount Planning Area are largely single- detached residential dwelling on relatively large lots that vary in width, depth, and area. The proposed severance will result in severed and retained lots that will be compatible with other residential lots in the Westmount Area. The retained and severed lots will have lot widths, areas, depths and front yard setbacks that fall within the range of the other lots within the Westmount Area. In addition, the proposed larger front yard setback from Glasgow Street is in keeping with the existing homes fronting the south side of Glasgow Street. Therefore, the introduction of a new lot and future residential dwelling will be compatible with the other lots and dwellings within the Westmount Area, and would be in keeping with the existing lot fabric, in terms of lot width, area, and depth. The same will be true of the retained lot. Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 5 4.0 SUMMARY OF TECHNICAL STUDIES 4.1 Tree Management A Tree Inventory, Management and Protection Plan was prepared by MHBC Planning in September 2022 to identify and map existing trees on the subject property in relation to all existing buildings, structures, and hard surfaces. The plan shows the extent of the tree crowns and identifies those trees that are unhealthy and/or should be removed for proposed construction purposes. In this regard, no significant or endangered species were identified on the property. All trees adjacent to the proposed building site will be protected and retained as per the Tree Protection Recommendations. The tree management plan surveyed a total of 211 trees located largely on the severed lands and included trees along easterly property limit and within the property located directly to the east. It was determined that a total of thirty-six (36) trees will require removal on the proposed severed lands within the area proposed for the building footprint of the new dwelling. The remaining 175 trees, in addition to trees located on the retained parcel and the adjacent property directly to the east will be preserved. The tree species slated for removal include Black/Domestic Cherry, Sugar Maple, Ash and American Beech. A number of trees along the easterly property limit in the vicinity of the proposed building envelope will be removed to facilitate construction however, the existing trees on the neighbouring property to the east coupled with additional plantings that will occur as part of the landscaping proposed to accompany the development are intended to supplement the tree removals and thereby maintain, buffering and privacy for the existing adjacent residential properties to the east and south of the subject lands. Figure 2 illustrates the proposed severance sketch as well as the trees that are proposed to be removed to accommodate the new single-detached dwelling. Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 6 5.0 PLANNING ANALYSIS This section demonstrates that the proposed severance is consistent with and conforms to the applicable Provincial, Regional, and Municipal planning regulatory frameworks. The following sections provide justification as to how the proposed severance, is consistent with the 2020 Provincial Policy Statement, conforms to the policies of A Place to Grow, the Regional Official Policies Plan, and is consistent with the City of Kitchener Official Plan and Zoning By-law. The severed and retained parcels would front onto an existing, and established open road, and no new road is required. Additionally, the following will provide justification as to how the proposed applications and development conform to the provisions of Section 53(1) of the Planning Act. 5.1 Provincial Policy Statement The Provincial Policy Statement (2020) (hereinafter referred to as the “PPS”) applies to planning decisions made on or after May 1, 2020. As a result, the 2020 PPS is applicable to the proposed severance of the subject property. The PPS is a consolidated statement of the government’s policies on land use planning. It gives provincial policy direction on key land use planning issues that affect communities, such as the efficient use and management of land and infrastructure, or the provision of sufficient housing to meet changing needs, among others. The PPS policies relevant to the proposal and subject property have been reviewed and analyzed as part of this analysis. Policy 1.1.1 of the PPS states that healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 7 development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; h) promoting development and land use patterns that conserve biodiversity; and i) preparing for the regional and local impacts of a changing climate. The proposal supports these objectives by: Contributing to efficient development and land use patterns through the intensification of land that located within a settlement area; Contributing to the range and mix of residential uses in the Westmount neighbourhood; and Providing residential intensification and the efficient utilization of land, thereby, promoting cost-effective development patterns which would help sustain the financial well-being of the City of Kitchener. Policy 1.1.3.1 states that settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. The subject property is located within a Settlement area. Policy 1.1.3.2 states that land use patterns within settlement areas shall be based on densities and a mix of land uses which a) efficiently use land and resources; b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; c) minimize negative impacts to air quality and climate change, and promote energy efficiency; d) prepare for the impacts of a changing climate; e) support active transportation; f) are transit-supportive, where transit is planned, exists or may be developed; and g) are freight-supportive The proposed development will provide for an efficient use of land and resources by intensifying a property which has the capacity to accommodate residential uses in an established settlement area. The proposed uses will be connected to public water and sanitary services. Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 8 In addition, the subject property is located on a municipal road and does not require extensive alteration to the site to function as intended. There are no anticipated negative impacts to air quality and climate change expected. Policy 1.1.3.4 states that appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form. The proposed severance would provide for intensification of a site which has the capacity to accommodate such uses. Section 1.4 provides the policy framework related to housing. Policy 1.4.1 states that, in order to provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans.” The proposed severance would contribute to the range and mix of housing types and densities through the residential intensification and redevelopment of the proposed new lot. The subject property is located within a designated Built up area. According to the City of Kitchener Official Plan, the City encourages the provision of new dwelling units in built-up areas. The proposed severance would contribute to the range and mix of housing types and densities, thereby: helping to reach targets for the provision of housing; providing additional housing and residential intensification; and, providing efficient use of land in an area that is well served by existing public infrastructure. The proposed severance is consistent with the 2020 Provincial Policy Statement. 5.2 A Place to Grow - Growth Plan for the Greater Golden Horseshoe A Place to Grow came into effect on August 26, 2020. This Plan is the framework for implementing the Provincial Government’s initiative to plan for growth and development in a way that supports the economic prosperity, protects the environment, and helps communities achieve a high quality of life. The preamble of the Growth Plan sets out those areas where intensification should occur, prioritizing Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 9 settlement areas and more particularly within settlement areas, growth will be focused in delineated built-up areas. In this regard, the subject lands are within a delineated built-up area. The 2020 Growth Plan is designed to help manage growth so communities in the Greater Golden Horseshoe can develop in ways that expand economic opportunity, increase housing supply and protect jobs while maintaining protections for the Greenbelt, agricultural lands, the agri-food sector and cultural and natural heritage systems. The policies of the Growth Plan centre on the key themes of directing the vast majority of growth to settlement areas and delineated built-up areas, and among other things: the provision of a sufficient housing supply that reflects market demand and what is needed in local communities; and, a healthy mix of residential and employment land uses. The guiding principles of the Plan include, for example: Supporting the achievement of complete communities; Prioritizing intensification and higher densities in strategic growth areas; Supporting a range and mix of housing options, including second units and affordable housing; Improving the integration of land use planning with planning and investment in infrastructure and public service facilities; Providing for different approaches to manage growth that recognize the diversity of communities in the GGH; Protecting and enhance natural heritage, hydrologic, and landform systems, features, and functions; and Conserving and promoting cultural heritage resources to support the social, economic, and cultural well-being of all communities, including First Nations and Métis communities. Better use of land and infrastructure can be made by directing growth to settlement areas and prioritizing intensification. The subject property is located within a settlement area and more specifically a delineated built-up area; The proposed consent application will result in a new residential building lot capable of supporting new residential development (i.e. a unit) in a designated built up area with approved zoning and designation in an official plan that permits this type of development. Therefore, the proposed severance conforms to A Place to Grow 5.3 Regional of Waterloo Official Plan The Regional Official Plan (ROP) was approved by the Ministry of Municipal Affairs and Housing (MMAH) with modifications on December 22, 2010, and approved, with amendments, by the Ontario Municipal Board on June 14, 2015. The ROP was processed as a municipal comprehensive review and represents the Region’s conformity exercise with respect to the 2006 Growth Plan for the Greater Golden Horseshoe. As of today’s date, the Region is undertaking a Municipal Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 10 Comprehensive Review process to implement A Place to Growth – Growth Plan (2020) and the Provincial Policy Statement (2020). In 2003, Regional Council adopted the Regional Growth Management Strategy (RGMS) which provides a common vision for the future growth of Waterloo Region. As part of the RGMS, the Region has been planning in an integrated, cross-departmental way to meet the needs of a growing population. Through the adoption of the RGMS, Regional Council identified reurbanization as a cornerstone to the sustainable growth of this community. The intent of reurbanization is to direct new residential and non-residential development into targeted areas within the built-up area to slow the rate of expansion into the peripheral greenfield lands. In doing so, the community can make better use of existing urban people to live and work and by improving access to essential human services and programs. Chapter 3 of the ROP provides policy direction with respect to “Liveability” in Waterloo Region. The proposed severance is subject to the Range and Mix of Housing policies (Policies 3.A) of the ROP. Specifically, 3.A.3 The Region encourages Area Municipalities to permit, wherever appropriate, individual lot intensification, such as secondary apartments and garden suites in residential neighbourhoods, where health, safety, servicing and other reasonable standards or criteria can be met. The proposed severance and minor variance would permit the development of a new residential unit, thereby, intensifying an individual lot in an existing residential neighbourhood. The proposed severance conforms to the Regional Official Plan, 2015. 5.4 City of Kitchener Official Plan The City of Kitchener Official Plan was adopted in 2014 through the approval of Official Plan Amendment 103. The 2014 Official Plan establishes a community structure and identifies the subject lands as being within Community Area in the Urban Structure of the City of Kitchener. Residential development is permitted within Community Areas as per Section 3.C.2.50. Policy 3.C.2.51 provides that areas within the Community Area structure will include Low Rise Residential land uses and further Policy 3C2.52 provides that limited intensification may be permitted within Community Areas subject to being sensitive and compatible with the character, form and planned function of the surrounding context. The lands are designated Low Rise Residential as identified on Map 3 of the City’s Official Plan. The following relevant policies apply to the subject lands: 15.D.3.9. The City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form; Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 11 15.D.3.10. The maximum net residential density for lands which are designated Low Rise Residential will be 30 units per hectare; 15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all development and redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio of 0.75 may be considered where it can be demonstrated that the increase in the Floor Space Ratio is compatible and meets the general intent of the policies in this Plan. An Official Plan Amendment will be required to consider an increase in the Floor Space Ratio greater than 0.75; 15.D.3.12. No building will exceed 3 storeys or 11 metres in height, at the highest grade elevation. Relief from the building height may be considered for properties with unusual grade conditions and for buildings and/or structures with increased floor to ceiling heights and architectural features provided the increased building height is compatible with the built form and physical character of the neighbourhood; 15.D.3.13. Notwithstanding Policy 15.D.3.12, a maximum building height of 4 storeys or 14 metres, at the highest grade elevation, whichever is the lesser, may be permitted on lands having primary frontage on to a Regional Road or City Arterial Street; 15.D.3.14. The predominant land use within the Low Rise Residential designation will be residential but it is intended that complementary non-residential land uses may be permitted to locate within this designation subject to any locational criteria and the appropriate zoning being in place. The proposed development meets the density, height and use provisions as per Section 15 of the Official Plan. In addition, Section 17.E.20.5 provides that: 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; Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 12 g)a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h)the lot(s) will not restrict the ultimate development of adjacent properties. In this regard, the proposed lot will comply with zoning regulations except for lot width on the newly created severed lands and accordingly a minor variance application has been submitted concurrently with the consent application to address this minor deficiency. The proposed new lot reflects the overall character of the surrounding neighbourhood as illustrated in Figure 1. The lots will have frontage on a public street where municipal water and sanitary services are available, a Plan of Subdivision is not appropriate for the scale of development and the lot configuration will not restrict development on adjacent properties. In addition, Section 8 of the City’s Official Plan provides policy direction to protect, manage and enhance the urban forest through best management practices which are economically, ecologically, socially desirable. In this regard, a Preliminary Tree Management plan has been prepared which surveyed 211 trees located largely on the newly created severed parcel recommends removal of a total of 36 trees which are located primarily in the vicinity of the building envelope area including 5 trees in the area proposed to accommodate a new driveway access to the existing dwelling located on the proposed retained lands. There are additional trees located on the proposed retained lands at the rear of the property and along the westerly perimeter of the property limits which will not be impacted by the proposed development. Consideration has been given to maintaining as many trees as possible in addition to retaining existing screening and views for lands located to the east and south. Specifically Policy 8.C.2.6 speaks to encouraging new development to protect and conserve existing healthy trees in accordance with Urban Design policies. In this regard, the tree removals have been minimized as much as possible to reduce adverse impacts to existing trees on adjacent properties to the east and south and to maintain existing building setbacks from the street such that street views and buffering of adjacent lands are protected. Further, Policy 8.C.2.16 requires preparation of a Tree Management Plan. In this regard, a Preliminary Tree Management Plan has been prepared which justifies the removal of 36 trees to accommodate the proposed building envelope and new driveway location. The plan will be further refined in conjunction with the final grading and drainage plan prior to building permit issuance in order to protect the balance of trees and respect existing buffers and maintain appropriate tree coverage with potential for tree replacement where deemed appropriate. Accordingly, the proposed development will meet all the requirements of the City of Kitchener Official Plan. Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 13 5.5The Planning Act, R.S.O. 1990 Section 53 (1) of the Planning Act R.S.O. 1990 states that: An owner of land or the owner’s agent duly authorized in writing may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. 1994, c. 23, s. 32. Section 53(12) of the Planning Act R.S.O. 1990 states that when determining whether provisional consent should be given, regard shall be had for the matters under Section 51(24). As such, the proposed new lots have regard for the following matters: CriteriaResponse (a) the effect of development of the proposed The effect of the proposed consent application will not subdivision on matters of provincial interest as have a negative impact on matters of provincial referred to in section 2; interest as identified in Section 2 of the Planning Act. (b) whether the proposed subdivision is The proposed consent application is not premature, as premature or in the public interest; the subject property is located within the Built Up Area of the City of Kitchener where infill development is encouraged. Further, the subject property is designated in the Official Plan as Low Rise Residential which permits density to a maximum of 30 units per hectare. The proposed development meets this criteria. (c) whether the plan conforms to the official The proposed consent application conforms to the plan and adjacent plans of subdivision, if any; policies of the City of Kitchener Official Plan and would permit a similar urban form to the adjacent and neighbouring properties within the existing neighbourhood. (d) the suitability of the land for the purposes The subject lands are located within the City of for which it is to be subdivided; Kitchener Built Up Area and are designated and zoned for low rise residential use. Therefore, the lands are suitable for the purpose for which they are to be severed. (d.1) if any affordable housing units are being Not applicable – Affordable housing units are not proposed, the suitability of the proposed units proposed as part of these planning applications. for affordable housing; (e) the number, width, location and proposed Not applicable – New roads are not required or grades and elevations of highways, and the proposed as part of these planning applications. adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed The proposed lot is of a size that will allow for a single lots; detached house similar in scale to those in the surrounding neighbourhood. The frontage of the Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 14 resulting retained lot will be in compliance with the City’s Zoning By-law, and the lot shape and size are appropriate and compatible with the neighbourhood and surrounding properties. The newly created lot will not meet the lot width requirements of the zoning bylaw and accordingly a minor variance is required and will be applied for simultaneously with the consent application. (g) the restrictions or proposed restrictions, if There are no conflicting restrictions on the severed or any, on the land proposed to be subdivided or retained lots. the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood The lands do not contain any identified or protected control; natural heritage resources. A Tree Management Plan has been prepared in support of the severance application, and is submitted concurrently with this application. The lands are outside of the floodplain, and are not located within the Grand River Conservation Authority’s regulated area. (i) the adequacy of utilities and municipal The subject property is located within the City of services; Kitchener and have access to full municipal water and wastewater services. (j) the adequacy of school sites; There are adequate school facilities to accommodate and additional residential dwelling unit. (k) the area of land, if any, within the proposed Not applicable – No land is proposed to be conveyed subdivision that, exclusive of highways, is to be for public purposes as part of these planning conveyed or dedicated for public purposes;applications. (l) the extent to which the plan’s design The proposed severances will allow for infill and optimizes the available supply, means of intensification within an existing Built-Up area, supplying, efficient use and conservation of thereby resulting in an efficient use of land. energy; and (m) the interrelationship between the design of Not applicable – the proposed type of development the proposed plan of subdivision and site plan does not require site plan approval. control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2). The proposed severance conforms to the policies of the City of Kitchener Official Plan and the Regional Official Plan, and the proposed lot configuration is in compliance with the requirements of the City’s Zoning By-law. The severed and retained parcels have frontage on an existing open road and no new Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 15 road or widening will be required for the proposed severance; and, the proposed severance conforms to Part VI (Subdivision of Land), Section 53(1) (Consents) of the Planning Act. 5.6 City of Kitchener Zoning By-law 2019-051 The City of Kitchener Zoning By-law 2019-051 is currently in force and effect and regulates the use of land and provides regulations for the location of buildings and structures, building height, density, parking facilities and landscaping to ensure orderly development within the City of Kitchener. The subject property is zoned Residential One (RES-1). The intent of the RES – 1 zone is to permit primarily single and duplex residential uses with accessory buildings or structures. The proposed severance would result in one new residential building lot. A new single-detached residential dwelling would be a permitted use on the new residential lot. The following table illustrates compliance with the performance standards of the City of Kitchener Zoning Bylaw 2019-051 for the proposed severed and retained lots. Notwithstanding the minimum zoning requirements, the proposed lot would provide sufficient space to allow for a home to be built in a similar scale/size as those in the surrounding neighbourhood. The proposed building lot is of sufficient size such that all of the setbacks can be achieved and still leave a building envelope large enough to accommodate a home similar to those in the surrounding neighbourhood. A minor variance is required to accommodate a reduced lot width from the 24 metre requirement to 20 metres on the proposed severed lot (Parcel B). Table 1 - Zoning Compliance Table (Zoning Bylaw 2019-051) Residential One (RES-1) Zoning By-law Severed Lot Retained Lot Regulations Requirement Parcel B Parcel A 222 Minimum Lot Area 929 m 2,581 m 4,043 m Minimum Lot Width 24 m20 m 25 m 6 m Minimum Front Yard +-75 m +-75 m 4.5 m (to garage) Maximum Building Height 11.0 m9 m 9 m Minimum Interior Side Yard 3.0 m3.6 3.0 m +-30 m Minimum Rear Yard 7.5 +-24 m Maximum Lot Coverage 55% 9% 5% Maximum Number of 3 2 2 Storeys *Denotes minor variance required Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 16 5.7Four Tests of Minor Variance 1. Is the general intent and purpose of the Official Plan maintained? The subject property is designated as “Low Rise Residential” within the City’s Official Plan (OP). The purpose of the Community Areas designation and further Low Rise Residential classification permits limited intensification provided the proposed development is sensitive and compatible with the character, form and planned function of the surrounding context. Additional policy analysis is provided under Section 4.4 above. The proposed development will meet all the Low Rise Residential policy requirements for use, density, Floor Space Ratio and height as provided by Section 15 of the Official Plan and additionally meets the Consent policies contained in Section 17 of the Official Plan. The proposed variances would allow for modest intensification and infilling in an existing established neighbourhood that contains a variety of low rise residential dwelling built forms. A number of smaller lot sizes have been created within close proximity to the subject lands and the proposed development is in keeping with the existing neighbourhood character. Therefore, it is our opinion that requested variance for lot width reduction for the severed lands only maintain the general intent and purpose of the Official Plan. 2. Is the general intent and purpose of the Zoning By-law maintained? The proposed variance requests a reduction in the lot width from 24 metres to 20 metres for Part B only (severed parcel as illustrated on Figure 2). All other requirements of the Zoning By-law are being maintained and the newly created lot will have 2581 square metres of lot area while the required lot area for Residential Two (R-2) Zone is 929 square metres. The retained parcel will have 4043 square metres. A complete zoning analysis is provided in Table 1 under Section 4.5 above. In addition, adequate space to provide a new driveway and parking can be provided on both the severed and retained lands in accordance with zoning by-law requirements. As such, it is our opinion that the requested variance would maintain the general intent and purpose of the zoning by-law by providing infill development that is consistent with existing development patterns in the area. 3. Is the variance appropriate for the development of the land? The variance is required to facilitate the creation of a new infill lot for single-detached residential use and the retention of the existing residence on a lot that more than meets the size requirements of the zoning bylaw and is in keeping with land development in the adjacent neighbourhood. In our opinion, the variance is appropriate for the development of the lot, as there are no adverse impacts anticipated and all other requirements of the bylaw are complied with and the proposed infill and minor intensification implements the Provincial Policy and A Place to Grow objectives of intensification within the Built-Up area. Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 17 4. Is the variance minor? The variance request for a reduction in the lot width for Parcel B (retained parcel) is illustrated on the Severance Sketch prepared by Van Harten Surveying Inc., dated December 14, 2022. The proposed reduction in lot width will allow for the creation of a new lot that is larger than typical for the Westmount Planning Area and will adequately permit the addition of a new driveway to service the existing house while the existing driveway will be reconfigured to serve the new lot. All other yard requirements are being maintained. The minor variance has the effect of reducing the lot width from 24 metres to 20 metres on the severed lands (Parcel B) only. This minor reduction required to facilitate the severance is: 1. Similar to lot patterns in the neighbourhood; 2. Allows for maintenance of existing trees that provide buffering and visual screening from Glasgow Street in addition to neighbouring property owners to the south and east of the proposed lot. Accordingly, the impact of the variance, if any, is considered minor. It is our opinion that the variance is minor. Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 18 6.0 CONCLUSIONS The purpose of this planning report was to evaluate the proposed severance ofthe subject propertyin the context of existing land use policies and regulations, including the Provincial Policy Statement, A Place to Grow, the Region of Waterloo Official Plan, the City of Kitchener Official Plan, the City of Kitchener Zoning By-law and the Planning Act. The proposed severance and minor variances would result in the creation of one new and one retained lot with lots that are compatible with the other lots forming the Westmount Planning Area in the City of Kitchener. It is our opinion that the proposed severance will result in a lot that is appropriate and compatible for the area, and that the proposed severance represents good planning. This opinion is based on the following: 1. The proposed severance supports the achievement of providing for a greater range and mix of residential uses and contribute to the current and future housing needs of the City of Kitchener; 2. The proposed severance facilitates the intensification of residential land within an established residential neighbourhood in a manner that is compatible with the site and the surrounding neighbourhood; 3. The proposed severance is consistent with the Provincial Policy Statement, 2020, and conforms to A Place to Grow (Growth Plan for the Greater Golden Horseshoe) 2020; 4. The proposed severance conforms to the Regional Official Plan, 2015 and the City of Kitchener Official Plan, 2014; 5. The proposed severance complies with the performance standards of the City of Kitchener Zoning By-law 2019-051; 6. The proposed severance complies with Section 53(1) of the Planning Act, R.S.O. 1990; 7. The Tree Management Plan illustrates trees requiring removal to accommodate the proposed building envelope. No significant or endangered species are being removed and sufficient buffering/screening to adjacent residential lands to the east and south will be maintained; Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 19 8. The proposed new residential building lot is compatible and consistent with the other lots in the Westmount Planning Area in terms of shape, lot width, area, and depth, and is in-keeping with the gradual development and lot pattern for the area and provides an appropriate opportunity for intensification in an area that is well served by public infrastructure. Respectfully submitted, MHBC _______________________ _________________________ Dan Currie, MA, MCIP, RPP Nicolette van Oyen, BES Partner Senior Planner Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 20 Appendix B: Severance Sketch, prepared by Van Harten Surveying Inc. Planning Opinion Report – Severance Application 709 Glasgow Street, City of Kitchener 22 Melissa Mohr 226-752-8622 D20-20/23 KIT March 15, 2023 Marilyn Mills, Secretary Treasurer Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B-2023-007-B2023-0011, B2023-14-B2023-15 and B2022-057 Committee of Adjustment Hearing March 21, 2023 CITY OF KITCHENER B2022-0057 193 Louisa Street Mohammad Gohari (owner) The owner/applicant is proposing to create a new lot for a newly constructed semi- detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Regional Water Services (Advisory): The Applicant shall be advised that no connection to regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, February 2022. Corridor Planning: Access Permit: Regional Staff advise that an Access Permit application, with the required $100.00 fee, shall be required for the proposed access onto Weber Street West (RR #08). Applications for the permit are available at the following link: Application and Payment for an Access Permit - Region of Waterloo Document Number: 4335673 Version: 1 Servicing Easement/Work Permit: a) The Servicing Easement and any servicing within the easement must be totally located within the private property limits of severed/retained lots; b) must be limited to excavation activities and asphalt restoration; c) The applicant(s) contractor must apply and obtain approval of a Regional Work Permit from the Regional Corridor Management Division of any works within or -of-way and Region of Waterloo Railway Corridor, as may be required for the construction of the site servicing. In addition the applicant must abide by all conditions and stipulations outlined within the Work Permit Application. The Permit application can be found here: Apply For A Permit - Regional Municipality of Waterloo Online Application (permitcentral.ca) d) It is recommended that the proposed 150mm diameter storm service connect directly to the existing manhole along Louisa Street to mitigate the extent of the asphalt restoration along Louisa Street; and e) Lane closures or traffic impacts along Weber Street will not be permitted as part of these works. Environmental Noise: The proposed development is likely to have impacts from road traffic noise from traffic on Weber Street West (RR #08) and rail noise / vibration from adjoining Region of Waterloo railway line. Regional Staff acknowledge that based on discussions with the City of Kitchener and CN Railway that all parties are agreeable to waiving the requirement for a detailed noise and vibration study. The owner/applicant may choose to undertake and implement a noise and vibration study, however Regional Staff are recommending that the following noise warning clauses be implemented through a development agreement with the Region, registered on title, indicating that: 1. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building / dwelling units: i. on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks. This dwelling has been designed with the provision of Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). Document Number: 4335673 Version: 1 ii. Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (M iii. assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- 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 will apply for and obtain the required access permit(s) to the satisfaction of the Region of Waterloo. 3) That prior to final approval the owner/applicant must apply for and obtain approval of a Regional Work Permit from Regional Corridor Management Division of any works within oad right-of-way and Region of Waterloo Railway Corridor, 4) That prior to final approval, an agreement between the owner/applicant and the Region of Waterloo, to the satisfaction of the Region of Waterloo, must be registered on title for both the retained and severed lands that includes the requirement for the following warning clauses in all agreements of Offers of Purchase and Sale/lease/rental agreements: i. traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks. This dwelling has been designed with the provision of air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). Document Number: 4335673 Version: 1 ii. increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Con iii. assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- _____________________ B2023-0007 60 Third Avenue Zoran Bogunovic (owner) / Boban Jakanovic (Authorized Agent) The owner/applicant is proposing to sever the parcel into two equal parts so that the newly created parcel is used for the development of a detached duplex dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Corridor Planning Environmental Noise: The proposed severed and the retained lots are located within 200 metres (roughly 180m) of Provincial Highway 7/8 and would have impacts from transportation noise sources in the vicinity. In lieu of a detailed environmental noise study, Regional staff recommend the following noise attenuation measures implemented through a registered development agreement with the Owner/Developer and City of Kitchener, prepared to the satisfaction of the Regional Municipality of Waterloo for both, the severed and the retained lot: Document Number: 4335673 Version: 1 A) The dwelling / building shall be installed with suitably sized and designed forced air- ducted heating and ventilation system; and installed with central air-conditioning system prior to occupancy. B) The following noise warning clauses shall be included in the development agreement and purchase and tenancy agreements and offers of purchase and sale for the dwelling units: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, an agreement between the Owner/Applicant and the City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and retained lands that includes the requirement for the following noise mitigation measures and warning clauses in all agreements of Offers of Purchase and Sale, deeds, and lease/rental agreements: A) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. Document Number: 4335673 Version: 1 Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment. 3) That prior to final approval, the owner/applicant must submit a valid section 59 notice. ___________________ B2023-0008 and B 2023-0009 241-243 Victoria Street South Willowside Housing Co-Operative Inc. (Owners) / Scott Patterson (Patterson Planning Consultants Inc. Authorized Agent) The applicant is proposing a lot addition of 389.3m2 of the lands at 241-243 Victoria Street South to the lands at 239 Victoria Street South and the creation of an access easement in favour of 239 Victoria Street from the retained lands of 241-243 Victoria Street South. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 for each application ($700.00 total) prior to final approval of the consent. Corridor Planning: The proposed easement is in front of an existing transit stop. The existing transit stop may need to be relocated as a result of this proposal. While the related Site Plan application is not yet approved by the City (file SP 21/088/V/LT), several concerns were identified by the Region in the comments dated October 25, 2021. To address the concerns raised, the following conditions must be secured through a condition of consent for the above application: Dedicated Road Widening: At this location, Victoria Street South (Regional Road 55) has a designated road width of 26.213m (86ft) in accordance the Regional Official Plan (ROP). The existing Victoria Street South right of way measures approximately 20.117m (66ft) at this location. An estimated road widening dedication of 3.048m (10ft) shall be required along the Victoria Street South property frontage of 235 and 239 Victoria Street South. A draft Reference Plan must be provided to identify the lands to be dedicated fronting the subject properties and the proposed easement. The land must be dedicated to the Region of Waterloo for road allowance purposes, and must be dedicated without cost and free of encumbrance. Document Number: 4335673 Version: 1 Environmental Noise Study: As this consent is associated with a Site Plan application (SP21/088/V/LT), An Environmental noise study is required as a condition of approval for the proposed consent to address the detailed design of the proposed building on 235-239 Victoria Street North. Access Permit: A detailed plan showing the proposed access, the existing transit stop and the proposed easement must be provided prior to approval of the access permit. The Plan must also show that there are no encroachments within the Regional right-of- way for the future proposed development for which the proposed access easement is being requested. A Regional Access Permit along with the Regional Road Access Permit application can be found online (https://www.regionofwaterloo.ca/en/doing-business/applications- licences-and-permits.aspx), there is a $230 fee associated with the application for a new access, there is no fee for the closure applications. 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 will apply for and obtain the required access permit(s) to the satisfaction of the Region of Waterloo. 3) That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo; and, 4) That prior to final approval, the Owner/Developer shall prepare an Environmental and Noise Study to the satisfaction of the Regional Municipality of Waterloo and if necessary, shall enter into a registered development agree with the Regional Municipality of Waterloo to implement the recommendations. _________________ B2023-0010 709 Glasgow Street John Gallivan and Susan Homer (Owners) / Dan Currie and Nicolette van Oyen (MHBC Planning Authorized Agent) The applicant is proposing to sever a parcel of land having a lot width of 20 metres along Glasgow Street, a lot depth of 126 metres and a lot area of 2,581 square metres for a new single detached dwelling. The lands to be retained will have a lot width of 26 metres along Glasgow Street, a lot depth of 125 m and a lot area of 4,043 square metres and will contain an existing single detached dwelling addressed as 709 Glasgow Street. Document Number: 4335673 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Corridor Planning: Environmental Noise: The proposed severed and the retained lots are located within 200 metres (roughly 180m) of the CN Railway and is anticipated to have impacts from transportation noise sources in the vicinity. Therefore, in the absence of a detailed environmental noise study, the Region agrees to the following noise attenuation measures implemented through a registered agreement with the City of Kitchener for the severed and the retained lot: Severed Lot: A) The dwelling/building will be installed with a suitably sized and designed forced air- ducted heating and ventilation system with the provision of central air-conditioning at the occupant's discretion. B) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." "Warning: Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of- way in the future, including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise Document Number: 4335673 Version: 1 and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Retained Lot: The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 2) That prior to final approval, the owner/applicant submit a valid Section 59 notice. 3) That prior to final approval, an agreement between the Owner/Applicant and the City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and retained lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, deeds, and lease/rental agreements: Severed Lot: a. The dwelling/building will be installed with a suitably sized and designed forced air- ducted heating and ventilation system with the provision of central air-conditioning at the occupant's discretion. b. The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the Document Number: 4335673 Version: 1 sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." "Warning: Canadian National Railway Company or its assigns or successors in interest has or have rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future, including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Retained Lot: a. The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale for the dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks". "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Document Number: 4335673 Version: 1 _______________ B2023-011 131 St. George Street IIir Faikovski (Owner) / Jon Crummer (Homeridge Design Authorized Agent) The applicant is proposing to sever an existing lot to permit a new single detached dwelling on the severed lands. The retained lands contain an existing dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. ____________________ B2023-013, B2023-014 and B 2023-015 137 Queen Street South Group Inc. Authorized Agent) The applicant is proposing to sever a parcel for development and to establish two easements for access and parking on the parcel; one located along Church Street in favour of the retained (church) parcel and one located along Queen Street in favour of the retained (church) parcel and severed (house) parcel created by consent. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 for each application ($1050.00 total) prior to final approval of the consent. Archaeological Assessment Regional Staff note that the proposed severed parcel at 137 Queen Street South possesses the potential for the recovery of archaeological resources due to the Part V designated property, the sites location within a historic core area, the proximity to location along an historic road and its location upon a landform associated with the habitation of early peoples in the area. As such, an Archaeological Assessment and Ministry Acknowledgement is required prior to final approval as per Regional Official Plan policy 3.G.9. Document Number: 4335673 Version: 1 Corridor Planning Environmental and Stationary Noise: At this location, the proposed development may encounter environmental noise sources due to traffic on local municipal streets and potential stationary noise from the existing land uses and rooftop air-conditioning units in the vicinity; and any air-conditioning devices for the proposed development (both on-site and off-site). Staff also note that there are existing noise-sensitive land uses (residential) which may have impacts from the proposed development. It is the responsibility of the applicant to ensure the proposed development does not have any environmental noise impacts by anticipated noise impacts both on-site and off-site. To assess and mitigate the environmental noise impacts, the applicant must prepare an Environmental Noise Study; the noise levels criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC-300 requirements. The consultant who prepares the Environmental Noise Study must be listed on the and is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, and submitting the Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data, including traffic forecasts and truck percentages, for the purpose of preparing the Environmental Noise Study. Region of Waterloo staff will provide this data within three weeks of receiving the request from the noise consultant. Please note that there is a $500 fee for the preparation of the traffic forecasts and review of the Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must submit the transportation data request online via (https://rmow.permitcentral.ca/Permit/GroupApply?groupId=3). Resubmission of any Transportation Noise Study may be subject to a $250 resubmission fee. The applicant will be required to pay for a third-party review by an external Noise Consultant retained by the Region. The fee for this third-party review is $4000 + HST ($4520.00 total). Please submit payment for the third-party review along with the submitted noise study. Additional fees may apply depending on the scope of review required. Payment can be made either by cheque payable to the Region of Waterloo or by contacting Ms. Peggy Walter at PWalter@regionofwaterloo.ca via other methods. As the detailed design of the project has yet to be known, Regional staff require the applicant to enter into a development agreement to secure the completion of a Transportation and Stationary Noise Study as a condition of approval. Site Plan (advisory): The proponents are strongly recommended to undertake an environmental (transportation and stationary) noise study to assess the impacts of the environmental Document Number: 4335673 Version: 1 noise and construct the buildings accordingly. This would avoid any retrofit required to the building; and complaints/liability claims/concerns as a result of the proposed development later. 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 for each application; 2) That prior to final approval, a licensed Archaeologist prepares an Archaeological Assessment on the lands to be severed and a copy of the Ministry of Heritage, Sport, Tourism and Culture Industries Acknowledgement letter(s) and the Assessment Report must be prov Planning, Development and Legislative Services Department; 3) That prior to final approval, the Owner/Applicant enter into a registered development agreement to prepare a final Transportation and Stationary noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic and stationary noise levels for the subject lands and if necessary, shall enter into a registered development agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise study attenuation measures. General Comments Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner Document Number: 4335673 Version: 1 March 2, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (4) VAR KIT, 289 AND 295 SHELDON AVENUE NORTH Kitchener, ON N2G 4G7 MARTEA DEVELOPMENTS (5) 04 URBAN, 1005 OTTAWA STREET NORTH STANLEY PARK MALL (14) VAR KIT, 709 GLASGOW STREET JOHN GALLIVAN AND SUSAN MOMER Subject: Committee of Adjustment Meeting March 21, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 024 271 Hartwood Avenue No Concerns. 2) A 2023 - 025 273 Hartwood Avenue No Concerns. 3) A 2023 - 026 74 Boehmer Street No Concerns. 4) A 2023 - 026 289-295 Sheldon Avenue North No Concerns. 5) A 2023 028 1005 Ottawa Street North No Concerns. 6) A 2023 - 029 57 Barbara Crescent No Concerns. 7) A 2023 - 030 59 Barbara Crescent No Concerns. 8) A 2023 - 031 299 Newbury Drive No Concerns. 9) A 2023 - 032 22 Hebel Place No Concerns. 10) A 2023 - 033 364 Wellington Street North No Concerns. 11) A 2023 - 034 106 Chandler Drive No Concerns. 12) A 2023 - 035 12 Orchard Mill Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЋЍЍЏЉ tğŭĻ Њ ƚŅ Ћ 13) A 2023 - 036 183 Ottawa Street South No Concerns. 14) A 2023 - 037 709 Glasgow Street No Concerns. 15) A 2023 - 038 131 St George Street No Concerns. 16) A 2023 - 039 137 Queen Street South 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 March 6, 2023 via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting March 21, 2023 Applications for Minor Variance A 2023-024 271 Hartwood Avenue A 2023-025 273 Hartwood Avenue A 2023-026 74 Boehmer Street A 2023-027 289-295 Sheldon Avenue North A 2023-028 1005 Ottawa Street North A 2023-029 57 Barbara Crescent A 2023-030 59 Barbara Crescent A 2023-031 299 Newbury Drive A 2023-032 22 Hebel Place A 2023-033 364 Wellington Street North A 2023-034 106 Chandler Drive A 2023-035 12 Orchard Mill Crescent A 2023-036 183 Ottawa Street South A 2023-037 709 Glasgow Street A 2023-038 131 St. George Street A 2023-039 137 Queen Street South Applications for Consent B 2022-057 193 Louisa Street B 2023-007 60 Third Avenue B 2023-010 709 Glasgow Street B 2023-011 131 St. George Street B 2023-012 160 Weber Street West B 2023-013 to B 2023-015 137 Queen Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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:RE: ACTION REQUIRED - Committee of Adjustment Application Review - March 21, 2023 Meeting Date:Monday, February 27, 2023 3:51:06 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png Hello, A2023-024-271HartwoodAvenue TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-025-273HartwoodAvenue TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-026-74BoehmerStreet TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-027-289-295SheldonAvenueNorth Commentswillbeprovidedbyaseparateemail. A2023-028-1005OttawaStreetNorth TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-029-57BarbaraCrescent TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-030-59BarbaraCrescent TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-031-299NewburyDrive TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-032-22HebelPlace TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-033-364WellingtonStreetNorth TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-034-106ChandlerDrive Commentswillbeprovidedbyaseparateemail. A2023-035-12OrchardMillCrescent TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-036-183OttawaStreetSouth TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-037-709GlasgowStreet TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-038-131StGeorgeStreet TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. A2023-013,014,015&039-137QueenStreetSouth TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. B2022-057-193LouisaStreet TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. B2023-007-60ThirdAvenue TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertydoesfallwithintheMTOpermitcontrol,howevergiventheproposed scopeofworkandseparationfromthehighwaynetwork,MTOreview,approvaland permitswillnotberequired. B2023-008-241-243Victoria TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. B2023-009-241-243Victoria TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. B2023-010-709GlasgowStreet TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. B2023-011-131StGeorgeStreet TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. B2023-012-160WeberStreetWest TheMinistryofTransportation(MTO)hasnorequirementforthisapplication.The subjectpropertyislocatedbeyondMTOlimitsofpermitcontrolandthereforeMTO review,acceptanceandpermitswillnotberequired. Ifthereareanyquestionsabouttheabovepleasedirectthemtomebyemail. Thankyou, 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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: February 24, 2023 3:57 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - March 21, 2023 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, PleasebeadvisedtheapplicationsfortheCityofKitchenerCommitteeofAdjustment meetingscheduledforTuesday,March21,2023,havebeenloadedandcirculated throughSharefile.Youshouldhavealreadyreceivedthenecessarylink. Ifyouwishtomakecomments,provideadvice,orrequesttheimpositionofany conditionsonanyoftheseapplications,pleaseprovidetheCommitteewithawritten report. Please note: If you have comments, your written report must now be sent to CofA@kitchener.ca no later than 12 noon on Monday, March 6, 2023. IfyouhavenocommentsfortheCommittee'sconsideration,youdonotneedto respondtothisemail. Best, Alison Fox (she/her) Administrative Clerk | Legislated Services | City of Kitchener 519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca Presentation to the Committee of Adjustment, 21 March 2023 byKate Lawson and Bruce Wyse Responding to: PLANNING JUSTIFICATION REPORT:Consent to Sever a Residential Lot, 709 Glasgow Street, City of Kitchener Date: January 3, 2023 Prepared for: John Gallivan and Susan Homer Prepared by: MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) Submitting Parties: We are the homeowners at , the property adjacent (to the east) to the proposed severed property. Our lot is approximately 1 acre in size. mature hardwood forest (principally sugar maple, beech, black cherry,ash,and ironwood) that makes up the Green Belt neighbourhood forest ecosystem. This ecosystem supports a wide variety of birds, reptiles,and large and small mammals, including raptors, songbirds, newts, salamanders, toads, bats, deer, fox, etc.The leaf litter provides breeding grounds for small reptiles and insects. More generally, the forest provides greenhouse gas and flood mitigationand its root system stabilises the soil, factorsparticularly important in an age of climate change and extreme weather events. We consider ourselves stewards of thiswoodlandand its place in the larger Green Belt ecosystem in this part of Westmount. We work to actively support the health of our woodland, spending approximately $3-5,000 per annum to prunedead branches, cut dead trees,andtreat ash trees for the emerald ash borer. The minimum of 36 trees, which this Report states need to be cutadjacent to our property, are a part of thiswoodland ecosystemandwe believe this loss of trees may cause significant damageto the ecosystem generally and to our property in particular. TREE MANAGEMENT In particular we note: POLICY NUMBER: 1-1160 SUBJECT: TREE MANAGEMENT POLICY 2.0 INTRODUCTION The attitude towards the importance of trees has changed to where they are now appreciated not only because of their aesthetics, but also because of the functions they perform such as atmosphere purification, acoustical control, Њ privacy control, recreational use and historical features. They add to the quality of life within the community and, in some cases, represent the attempt to save the environment. Our presentation in this document attempts, in all particulars, to recognise these Policy benefits and to align with these Policy goals, both in relation to the overall request to sever We are confident that the Committee of Adjustment understands and supports the goals its recognition of the overall value and importance of trees. Expertise: We want to stress that we are laypersons, doing our best to understand relevant bylaws, policies, and statutes. We have not been provided sufficient time to consult relevant experts and get expert opinions. The brief time allowed us to respond to this long and complex PLANNING JUSTIFICATION REPORTwe only received the Report on the afternoon of March 9gives rise to concerns about procedural fairness. In light of the magnitude and impact of the proposed destruction of mature forest and the lack of crucial information in the Report (detailed below), it is our heartfelt request that a decision on the severance be deferred until the concerns we detail below have been fully satisfied and we have had the opportunity to benefit from expert advice. Position of the Submitting Parties Generally, we support approval of a minor variance that permits a reduced front width of the newly severed lot to maintain current zoning. We support the planned use of the existing driveway for access to a new house to minimize tree removal. However, we and at the very least should be granted only upon more fulsome review of environmental and related concerns. We therefore request that a decision regarding the severing be deferred until: 1) the property line is staked; 2) alternative sites for the proposed building envelope are considered and analysed in accordance with the requirements of the Kitchener TREE MANAGEMENT POLICY, the Forestry Act Section 10, etc. (discussed below); and 3) further information is provided: a. A complete Tree Management plan, not the Preliminary Tree included in the Report; b. A Tree Inventory, Management and Protection Plan (MHBC Sept/22) prepared by MHBC Planning in September 2022 (p. 6) referenced but not included in the Report; c. An expert opinion on other possible building sites on the severed property to prove that, as stated in the Report and in accordance with Policy Ћ 8.C.2.6, it is indeed the case that proposed building site. d. And, because the report states that the location of the proposed building adverse impacts to existing trees on adjacent that is, adverse impacts to boundary trees and existing trees on our propertythat expert opinions be provided 1) to prove that this proposed building site has the fewest possible adverse impacts on our property, compared to other possible building sites on the proposed severed lot; and 2) a legal justification as to why any adverse impacts to our trees are allowed by statute. Here again, we feel acutely the lack of expert advice. But, given that the request to sever on our property, we implore the Committee of Adjustment not to approve this request until all avenues for the best possible mitigation are proven; e. An expert opinion on and analysis of the required grading, excavation, drainage, erosion, etc. and related environmental impacts regarding the proposed building envelope, in relation to our property and the severed property; f. An expert opinion on and analysis of endangered, at risk, significant, and protected species in the proposed severed lot and adjacent properties. This may include an EIS level of investigation by the applicants as we believe trees, groundcover, understorey vegetation, wildlife, and species at risk (e.g. salamanders and bats) are present and are covered by relevant statutes. Note: this is a preliminary list of the further information which we believe the applicants should provide (as noted above, consultation with experts such as land use planners and environmental planning consultants would greatly assist us in finalising this list). If this request to defer is granted and additional documents are provided, we request at least four months to analyse these additional documents and to seek the expert advice we need (legal, land use planning, environmental consulting, etc.), before the Committee of Adjustment hearing is reconvened. If this request to defer is not granted, alternatively we request that if and when a severance is approved, specific conditions be attached to such an approval to relocate . We suggest some conditions on page 5 below, but becauseas we have saidwe are not experts and have not had time to seek expert advice, we are not in a position to state exactly what conditions should be attached, only that they must protect the woodland generally and protect our property in particular. We are also concerned in this regard about procedural fairness generally. Ќ We believe that granting a deferral will provide the greatest benefit to all concerned: the applicants, ourselves, and the Green Belt woodland neighbourhood. Please find below our detailed concerns and response to the particulars of the Report). Concern 1. Limitation on Relevant Information The property line (that separates our property and the proposed severed lot) is not marked on the ground. We have looked but not found any stakes. If the survey was completed in December 2022, we would have expected the whole lot to be staked. The ground is currently covered in knee-high snow. Given the snow and lack of stakes, we can only guess where in the heavily treed area on the proposed severed lot, and where it is in relation to our property. This lack of on-the-ground information is severely hampering our ability to understand the details of and fully respond to the request to sever. In addition, the very short timeline (see above) has hampered our ability to fully understand and respond, and to seek expert advice. Concern 2. The Neighbourhood not properly advised We had expected to see a sign on the subject property advising neighbours of the proposal to sever. We realised where it was on Thursday, March 16: Ѝ Concern 3. Not Conforming to Provincial Policy Statement We believe the request to sever is premature and that the location of the proposed building envelope does not align with the relevant Provincial Policy Statement as best as possible. More succinctly, the proposed development has a major impact on trees because the proposed building envelope is situated in the middle of a mature woodland forest and accordingly does not best conform with Provincial Policy. On pages 7 and 8, the Report references the Provincial Policy Statement (2020): that the PPS provides in Policy 1.1.1 that healthy, liveable and safe communities are sustained by, among other things, promoting development and land use patterns that conserve biodiversity and prepare for regional and local impacts of a changing climate. The Provincial Policy Statement provides in Policy 1.1.3.2 that land use patterns within settlement areas shall be based on densities and mix of land uses which, among other things, minimize negative impacts to air quality and climate change. We submit that the proposed building envelope on the severed lot does not conform to the PPS as best as it otherwise could. More specifically, the proposed location of the proposed building envelope does not promote development and land use that conserves biodiversity as it will result in the destruction of woodland forest which is home to a wide variety of wildlife, plants, and insects (see p. 1 above). Further, the proposed location of the proposed building envelope does not minimize negative impacts to air quality and climate change as, if approved, it will result in the destruction of forests which create healthy air and assist with combating climate change. We further note that the Report states that A Preliminary Tree Management plan has been , but a Final plan is not included. The Report makes mention of the fact that Tree Inventory, Management and Protection Plan (MHBC Sept/22) was prepared by MHBC Planning in September 2022 (p. 6), but it is not included. Accordingly, the true scale of the development proposed is not fully understood. Details are lacking in the Report on grading, excavation, drainage, erosion, etc. and other related environment details. An analysis of the existing topography, proposed grading/ servicing plans, etc. are needed to properly assess impacts to trees and the ecosystem. Accordingly, in our view, the proposed new house to be built could better conform with the Provincial Policy Statement by moving the location of the proposed new house away from the densely forested portion of the proposed lot, which is home to many plants and animals, includingwe believeat risk, significant and endangered species (see p. 14 below). For this reason, if severance approval is granted it must be with the condition that the proposed new house be build in an area where less ecological harm will be done (see p. 9 below). If and when an approval to sever is made: 1. The location of the proposed new house be moved to impact the existing forests less; Ў 2. A plan with full tree management and protection conforming to all relevant statutes be attached to the title for the newly created development lot; 3. The owner of the severed lot adhere to maximum building envelope and other specifications; 4. Any tree protection measures in place regarding 709 Glasgow Street must apply to the new severed lot during redevelopment. Severance should not remove tree development protection. Concern 4.a. Non Conformity to City of Kitchener Official Plan Policy: Our fourth concern is that the proposed severance and development do not conform to the City of Kitchener Official Plan and the Tree Management Policy. The elevations on p. 30 of the Report indicate, we believe, a rise of approximately 2 meters in the areas of the within the area of the proposed severed lot itself and on the area as it continues the slope on our property. These photographs show the slope of our property as it meets the adjoining subject property; in the second photograph (taken from our property), the roofline of the house in the proposed remaining property is visible in the top right. The proposed building envelope site is, we believe, located somewhere in this zone. This significant incline suggests to us as laypersons that, to prepare the area of the very likely further destruction of trees will be required. The Report mentions grading only once, basically deferring any consideration of and information about this crucial issueThe plan will be further refined in conjunction with the final grading and drainage plan prior to building permit issuance. We are not reassured by this statement. Џ The Report also mentions 15.D.3.12. Relief from the building height may be considered for properties with unusual grade conditions relevant implications of this statement, if any. Again, we feel sorely here the lack of time to receive expert advice and worry about possible procedural unfairness. Specific requirements of the City of Kitchener Official Plan and the Tree Management Policy: Minimizing adverse impacts on/optimizing potential benefits for trees and vegetation The City TREE MANAGEMENT POLICY, 2.0 INTRODUCTION states, in part: An assessment of proposed development impact on trees and vegetation communities is undertaken, so that adverse impacts are minimized while potential benefits of remaining tree and vegetation communities are optimizedRationale is presented to justify tree removal i.e. layout, grading, servicing constraints. We argue that site of neither minimize\[s the adverse impacts nor optimise\[s\] the benefits of remaining trees and vegetation. No rationale is offered to justify the choice of this area for the proposed building and thus to justify tree removal. No information is provided on grading. Accordingly, we argue that the application should be rejected (or whatever measures are in the purview of the Committee of Adjustment). Detailed Vegetation Plan: We note there is no Detailed Vegetation Plan attached, as required by the Kitchener Tree Management Policy: 3.3.1.2 Detailed Vegetation Plan, cont'd The following information is required: grading information -original grades (surveyed) and proposed grades -cut and fill areas -potential disruption to ground water and surface drainage symbolized recommendations showing the accurate location of the dripline for, each isolated tree or single species cluster identifying them as 'save', 'remove', 'transplant' symbolized recommendations showing the accurate location of the dripline for treed areas to be selectively thinned or transplanted accurate location of new woodland edges (truthed in field) and location and species of recommended plantings (if required) or transplantings location and nature of recommended protection measures (see Appendix E -Temporary Protection Fencing, Signage and Erosion Control) А No information on grading, groundwater, erosion, surface drainage, etc. is included in the Report; tt; there is cation of new woodland edges, etc. Tree management plan: We note further that the Application appears to run contrary to the other parts of the City of Kitchener Official Plan: 8.C.2.16. The City will require the preparation and submission of a tree management plan where applicable, as a condition of a development application. Any tree management plan must identify the trees proposed to be removed, justify the need for removal, identify the methods of removal and specify an ecologically sound tree replacement scheme and any mitigative measures to be taken to prevent detrimental impacts on remaining trees. The Report states that only a Preliminary Tree Management plan has been prepared. As noted above, Any tree management plan must identify the trees proposed to be removed, \[and\] justify the need for removal. As noted on p. 7 above, no rationale or trees is offered, no justification of the chosen building envelope site is offered or compared to other possible sites, and the Report does not produce a plan to minimize harms, acknowledged and potential, to the site immediately to the east, i.e. our property. Significant Habitat of Endangered or Threatened Species; Significant Woodlands; and h) Locally Significant Woodlands: We note that the Official Plan 7.C.2.19 Core Natural Heritage Features also include protections for i) Significant Habitat of Endangered or Threatened Species; and g) Significant Woodlands; and h) Locally Significant Woodlands in relation to 7.C.2.10. and 7.C.2.18. in relation to any proposed development, redevelopment or site alteration. Note: Significant or Locally Significant Woodlands are ecologically important in terms of: i) features such as species composition, age of trees and stand history; ii) functionally important due to its contribution to the broader landscape because of its location, size or due to the amount of forest cover in the planning area. As noted above on p. 3, section f) we believe the applicants must provide a full EIS and or/an expert opinion on Endangered or Threatened species and Significant or Locally Significant Woodland requirements. Due to time constraints, we ourselves have had a preliminary verbal opinion on the Woodland question, suggesting that Woodland protections do apply. But again, we have not had time to receive full expert advice on questions related to Endangered or Threatened Species and Woodland status, again raising concerns about procedural fairness. Б We conclude that the proposal does not conform to the City of Kitchener Official Plan and the Tree Management Policy. The combination of tree cutting, grading, excavation, etc., will have a serious deleterious effect on the woodland as a whole and on our property in particular, through erosion, drainage, and damage to mature tree roots. These factors are not accounted for in the Report and the discussion of the proposed building envelope site. Concern 4.b. Non Conformity to City of Kitchener Official Plan The Report: We address here information in the Report section 5.4 (pp. 11- 13) intended to support its conclusion: Accordingly, the proposed development will meet all the requirements of the City of Kitchener Official Planp.13). As evidence, the Report states that in the plan to sever and the choice of the site of the proposed building envelope and driveway: to retaining existing screening and views for lands located to the east and south. Specifically Policy 8.C.2.6 speaks to encouraging new development to protect and conserve existing healthy trees in accordance with Urban Design policies. In this regard, the tree removals have been minimized as much as possible to reduce adverse impacts to existing trees on adjacent properties to the east and south and to maintain existing building setbacks from the street such that street views and (p. 13) In fact, the site of the proposed building envelope and extended driveway requires the cutting healthy trees. We therefore submit this plan does nprotect and conserve existing healthy trees in accordance with Urban Design policies. maintaining as many trees as possible, in fact the Report names a building site in the one of the most heavily wooded areas of the severed lot. If the applicants indeed seek to minimizeas much as possibleother locations on this large lot could be chosen: a) the relatively flat, grassed front lawn areaat the front of the property would seem to require minimal grading and minimal tree loss (see the photograph of this lawn fronting Glasgow St. in the Report, p. 3); or b) the area between the stone retaining wall and the area marked on the plan as would seem to require less grading and less tree loss. This photograph shows the easterly part the current driveway behind the retaining wall. В We are disturbed in particular regarding this claim in the Report: tree removals have been minimized as much as possible to reduce adverse impacts to existing trees on adjacent properties to the east and south and to maintain existing building setbacks from the street such that street (p. 13) This statement is an admission that there will in fact be adverse impacts to existing trees on adjacent properties to the east, i.e. our property. We are not lawyers but have to ask: is this allowed? Are neighbours legally allowed to cause adverse impacts to our trees? At the same time, this is not surprising given that the proposed building envelope adjoins y. Damage seems inevitable if this plan is approved. Further, this statement directly contradicts (p. 11) which states All trees adjacent to the proposed building site will be protected and retained as per the Tree Protection Recommendations d As noted above on page 9, other locations are available on this large lot for the building envelope site. We thus argue that any property, direct or indirect, are unwarranted and unacceptable. Equally disturbing is the admission that the proposed building lot seems to for the existing dwelling on the retained lot: westerly perimeter of the property limits which will not be impacted by the proposed development. (p. 13) In sum: the chosen building site will have adverse impactson trees on our property but trees on the retained lot will not be impacted. Addendum re viewmaintain\[ing\] existing building setbacks (p. 13). ЊЉ Note that are not named in the Report. Our dwelling is designed to maximize these views; see this photo of the rear elevation of our house. Preserving the forest to the maximum extent possible is simply the only way to preserve our forest view. These are photos of . Note the proposed building envelope would occupy the top right of the terrain in each of them. In summary, we are very concerned that the choice of building site and drivewayfar from minimizing harmrequires excessive tree cutting, on our adjacent property, grading, excavation, erosion, drainage damage, and damage to mature tree roots that will have serious deleterious effects on our property. We thus argue that the facts presented in the Report do not support this conclusion that the proposed development will meet all the requirements of the City of Kitchener . Rather this Application appears to be in contravention of the City of Concern 5. Minimal Support for Conclusion reached within the Application Our fifth concern is that details in the Report regarding the proposed Severance and development provide inadequate support for the claim in 3.2 Westmount Neighbourhood Compatibility that: residential dwelling will be compatible with the other lots and dwellings within the ЊЊ Westmount Area, and would be in keeping with the existing lot fabric, in terms of lot (p. 5). Front yard setbacks: In support of this conclusion, the Report states: The retained and severed lots will have lot widths, areas, depths and front yard setbacks that fall within the range of the other lots within the Westmount Area. No information is provided on other lots in the Westmount Area (e.g. relevant addresses) or on average front yard setbacks, etc. in support of this claim. Further: In addition, the proposed larger front yard setback from Glasgow Street is in keeping with the existing homes fronting the south side of Glasgow Street (p. 5) The proposed larger not in keeping with homes fronting the south side of Glasgow S Drive (that is, 685 to 795 Glasgow St.) only the subject property and 715 Glasgow St. (not specified on the drawings; we believe approximately 80 m.) The average front yard setback of houses on the south side of Glasgow St. (from 685 to 795 Glasgow St.) is, we believe, approximately half that (30-40 m.). No details on these setbacks are provided in the Report. Setback information for houses on Glasgow St. from Knell Dr to Westmount Rd. is not provided either. Rear yard setbacks The Report does not compare the rear yard setback of the proposed building envelope . If you consult Report Figure 1, you will note the proposed rear yard setback is closer to the back property line than any other lot fronting the south side of Glasgow Street (685 to 795 Glasgow St.). Conclusion: we do not believe that credible evidence has been provided to conclude that the future residential dwelling will be compatible with the other lots and dwellings Concern 6. Tree Management claims in the Application Our sixth concern relates to the validity of and support for claims made in the Report Tree Management section 4.1. (p. 11). This section states, in part: All trees adjacent to the proposed building site will be protected and retained as per the Tree Protection Recommendations. As noted above, this statement conflicts with the statement regarding adverse impacts to existing trees on adjacent properties to the east. 9 above). Further, because ЊЋ no information provided on grading and excavation, we are not confident that this is correct or possible. Report section 4.1 continues: It was determined that a total of thirty-six (36) trees will require removal on the proposed severed lands within the area proposed for the building footprint of the Figure 2 illustrates the proposed severance sketch as well as the trees that are proposed to be removed to accommodate the new single-detached dwelling. rationale guided the choice of this proposed building envelope site on one of the most heavily wooded area of the proposed severed lot? As noted above, the City of Kitchener TREE MANAGEMENT POLICY, 2.0 INTRODUCTION states that a rationale is required to support cutting 36 trees. It is not provided. Report section 4.1 continues: A number of trees along the easterly property limit in the vicinity of the proposed building envelope will be removed to facilitate construction however, the existing trees on the neighbouring property to the east coupled with additional plantings that will occur as part of the landscaping proposed to accompany the development are intended to supplement the tree removals and thereby maintain, buffering and privacy for the existing adjacent residential properties to the east and south of the subject lands. This paragraph raises a number of matters of deep concern and of questionable logic: a) A number of trees along the easterly property limit in the vicinity of the proposed building envelope will be removed to facilitate construction. Is this in addition to the 36 trees designated for cutting? How many (additional?) trees will be cut on the easterly property limit, i.e. adjacent to our property? b) Cutting these trees will cause a loss (an additional loss?) of buffering and privacy for us; c) BUT existing trees on the neighbouring property to the east will supplement tree removals on the severed property; d) And existing trees on the neighbouring property to the east will maintain, buffering and privacy for the existing adjacent residential properties to the east The logic is as follows: existing trees on our own property will buffer our property and maintain privacy for our property. This is illogical: trees on our property cannot buffer our property. They are our property. And we, the owners of 697 Glasgow St., are made responsible for remediating the damages to buffering, privacy, and tree loss caused by the owners of 709 Glasgow St. We thus find these claims regarding Tree Management baffling and unsupported. ЊЌ Concern 7. Potential contravention of the Ontario Forestry Act Section 10 Our seventh concern is that this statement in the Report 4.1: A number of trees along the easterly property limit in the vicinity of the proposed building envelope will be removed to facilitate construction may suggest a possible violation of the Ontario Forestry Act Section 10 regarding : Trees common property: (2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands. 1998, c. 18, Sched. I, s. 21. Offence: (3) Every person who injures or destroys a tree growing on the boundary between adjoining lands without the consent of the land owners is guilty of an offence under this Act. 1998, c. 18, Sched. I, s. 21. No evidence is provided regarding specific trees to be cut and if any property line marked, we ourselves are uncertain how which may be Further, no information is provided to prove that any boundary trees are an imminent hazard, which, we believe, is the only admissible reason cut down a boundary tree without the other co-ion. Concern 8. Inadequate care for protected, significant, endangered, at risk species We request an Environmental Impact Study by the applicants as we believe trees, groundcover, understorey vegetation, wildlife, and species at risk (e.g. salamanders and bats) may be covered by relevant statutes. In addition to the protections of the City of Kitchener Official Plan noted above on page 7 (7.C.2.19 Core Natural Heritage Features, i) Significant Habitat of Endangered or Threatened Species); g) Significant Woodlands; h) Locally Significant Woodlands) we draw your attention to other relevant statutes: The Province: We argue that this definition of Ecological Value A Place to Grow - Growth Plan for the Greater Golden Horseshoe Green Belt forest and thus to the potential harm in the request to sever. The value of vegetation in maintaining the health of the key natural heritage feature or key hydrologic feature and the related ecological features and ecological functions, as measured by factors such as the diversity of species, the diversity of habitats, and the suitability and amount of habitats that are available for rare, threatened and endangered species. ЊЍ Section 4.1. in the Report states that: no significant or endangered species were identified on the property; however, no details are provided regarding the kind of investigation which was conducted to support of this conclusion. As we indicate above, we have regularly seen salamanders and bats on the property, which we believe are considered rare, threatened and endangered species. We have not had time to investigate all other possible relevant protected rare, threatened and endangered species. We therefore request that the applicants conduct a full environmental review of the proposed severed lot and adjoining properties to ensure that all relevant species are fully protected in any development. The Region Please also note that the sugar maple, ash, black cherry, beech and ironwood on the subject property are lis-LAW NUMBER 08-026 OF THE REGIONAL MUNICIPALITY OF WATERLOO A By-law Respecting the Woodland: We have sought an expert opinion regarding the possible oodland status of the shaded area in Figure 1 below under Regional bylaws and/or the City of Kitchener Official plan. The provisional verbal opinion is that it is a woodland; however, getting a written expert opinion is not possible in the short timeline here. Until the status of the possible woodland is determined, we request that the Regional regulations for protected species be maintained for the subject property. Figure 1: ЊЎ Concern 9. Contrary to Growth Plan for the Greater Golden Horseshoe Our nineth concern is that we believe the proposed severance and building envelope do not align with the A Place to Grow Plan: A Place to Grow: Growth Plan for the Greater Golden Horseshoe A Place to Grow is the Ontario government's initiative to plan for growth and development in a way that supports economic prosperity, protects the environment, and helps communities achieve a high quality of life. The stated Vision for A Place to Grow is a healthy natural environment with clean air, land, and water. We note this Plan prevails where there is a conflict between this Plan and the Provincial Policy Statement. The only exception is where the conflict is between policies relating to the natural environment or human health. In that case, the direction that provides more protection to the natural environment or human health prevails. Of relevance in A Place to Grow is the statement that: building compact and complete communities, and protecting natural areas will help reduce greenhouse gas emissions and ensure communities are more resilient to the impacts of a changing climate. A Place to Grow - Growth Plan for the Greater Golden Horseshoe further provides that: Upper- and single-tier municipalities will undertake integrated planning to manage forecasted growth to the horizon of this Plan, which will, among other things, d) support the environmental and agricultural protection and conservation objectives of this Plan; 4. Applying the policies of this Plan will support the achievement of complete f) mitigate and adapt to the impacts of a changing climate, improve resilience and reduce greenhouse gas emissions, and contribute to environmental sustainability; 4 Protecting What is Valuable 4.1 Context lands, features and resources are essential for the long-term quality of life, economic prosperity, environmental health, and ecological integrity of the region. They collectively provide essential ecosystem services, including water storage and filtration, cleaner air and habitats, and support pollinators, carbon storage, adaptation and resilience to climate change. ЊЏ We argue that all of these features may be germane to the tract of woodland which will suffer adverse affects if the proposed building envelope is allowed to proceed. A provisional verbal expert opinion which we received suggests that A Place to Grow Plan is relevant in this matter. However, again, we have also not had time to obtain a complete written expert opinion on this subject. We therefore submit that the proposed development in the Report may not align with A Place to Grow: Growth Plan for the Greater Golden Horseshoe A Place to Grow. ********* ADDENDUM: We received the Staff Report to the Committee of Adjustment on Friday March 17. We are relieved to read Environmental Planning Comments section (pp. 8-9), since the whole sum and substance of our concerns could be addressed by require\[ing\] the proposed new building to be placed in an alternative location than shown on the sketch for severance ensur\[ing\] minimal impacts to trees and or vegetation on the severed parcel. The possible alternative location\[s are, we believe, the ones described on p. 9 above. Our questions about the Staff Report, as laypersons, are: Re 5.b.i, ii: is the Tree Preservation and Enhancement Plan made public or can it be requested by us? Is there an opportunity for the public \[us\] to have input into the City's Supervisor before their decision? Re 6. Is the Tree Preservation Plan made public at this stage and is there an opportunity for the public \[us\] Director of Planning? Environmental Planning CommentsDoes the Committee of Adjustment have the power to require that " placed in an alternative location than shown on the sketch for severance"? If not, what City agent has that power? And again, how can we/the public be kept informed and have input on this question? ЊА From: To:Committee of Adjustment (SM) Subject:Comments for 709 Glasgow st severance Date:Monday, March 20, 2023 1:45:46 PM I am writing to the Committee of Adjustment about the Consent to Sever a Residential Lot, 709 Glasgow Street. I wanted to share that I think the removal of so many trees in this urban forest would be detrimental to the forest overall. A similar proposal in this forest is ongoing for 400 Westwood dr, where the proposal (after an initial review from the city) includes rezoning a largeportionof the land from R2->P2 in order to ~indefinitely protect the trees. It would be great to see something along these lines for this development as well. Furthermore, this lot already contains the largest cleared area (as far as I can tell) of the Glasgowst properties. I think any new building on this lot should be in the large field at the front of the property, not in the woods. Indeed I see that the Staff Report suggests that “the proposed new building ... be placed in an alternative location” in order to “ensure minimal impacts to trees and or vegetation on the severed parcel.” This seems very sensible and I hope the committee will choose this course of action. Andrew Grieve From: To:Marilyn Mills;Committee of Adjustment (SM) Subject:Committee of Adjustment application B 2023-010 & A 2023-037 Date:Tuesday, March 21, 2023 8:33:10 AM Good Morning Ms Mills, Thank you for the opportunity to respond to the above mentioned application. I am a resident of Huntington Place who's property backs onto 709 Glasgow St. I signed the neighbourhood letter opposing this development for the reasons stated in the letter. The proposed dwelling would be situated on the highest elevation of the property in a densly wooded area. It would ruin not just the environment but the sight lines from the Huntington Place properties. Could the home owners consider the low front open area of their property, adjacent to Glasgow Street, where trees would not be removed and home owner’s viewson Glasgow not obstructed. Thank you Respectfully submitted, The applicant has not submitted alternatives to eitherlot fabricationor location of the proposed building envelope. Meanwhile, the owners of 697 Glasgow Street, adjacent to 709 Glasgow Street, demonstrate photographically in their submission the presence of their mature trees immediately beside the property line,and below the grade,of the proposed building envelope. Kitchenerbylawhas protection for trees on lots >1 acre; trees on lots <1 acre are currently exempted from such protection, although a new bylaw is currently under development. The 709 Glasgow Street property is >1 acre, whileboth ofthe 2proposed new lots will be<1 acre. Severancewithout enforcement of tree mitigation measureswill circumventthe Kitchener tree preservation bylaw. I request that you reject the currently specified severance application to protect both the 709 and 697 Glasgow mature trees. 1 1 2 2 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 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 6 DATE OF REPORT: May 5, 2023 REPORT NO.: DSD-2023-214 SUBJECT: Minor Variance Application A2023-053 525 Erinbrook Drive RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-053 for 525 Erinbrook Drive requesting relief from the following sections of Zoning By-law 85-1: i) Section 6.2.1 a) to permit a parking requirement of 1.4 parking spaces per dwelling unit (99 parking spaces) instead of the minimum required 1.5 parking spaces per unit (108 parking spaces); and ii) Section 6.2.1 b) vi) B) to permit a visitor parking requirement of 14% (14 parking spaces) instead of the minimum required 20% (20 parking spaces); to facilitate the development of the site with a multiple dwelling (stacked townhouses) having 72 dwelling units, in accordance with Site Plan Application SP22/128/H/TS, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for a minor variance to facilitate the construction of a 72 unit stacked townhouse residential development. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the This report supports the delivery of core services. BACKGROUND: The subject property is located on the western side of Erinbrook Drive, backing onto Westmount Road East. The surrounding context of the subject property is primarily comprised of low-rise residential uses to the south and east. An institutional use is to the north, and commercial uses are to the west. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Subject property 525 Erinbrook Drive Community Area Urban Structure and is designated Institutional The property Community Institutional Zone (I-2)with special provisions 222R and 217U in Zoning By-law 85-1. It should be noted that these lands were severed from the adjacent institutional lands and at the time were not brought forward into new Zoning By-law 2019-051 at the owners request. Accordingly, these lands are still zoned under Zoning By-law 85-1. The purpose of this report is to review an application for a minor variance to permit the construction of a 72 unit stacked townhouse residential development, by permitting a reduction in parking to 1.4 spaces per dwelling unit, rather than the required 1.5 spaces per dwelling unit. A reduction in the visitor parking requirement to 14% rather than the minimum visitor parking rate of 20% is also being requested. Figure 2: Front view of subject property 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 must be noted that the Planning Act test to examine whether the general intent and purpose of the Official Plan is maintained relates to whether the general intent and purpose is maintained with respect to the variance itself for a parking reduction, not the land use or development which might be facilitated by the variance. Section 13.C.8.2 states that The City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt Transportation Demand Management (TDM) measures or where sufficient transit exists or is to be provided. In response, Planning staff note that the subject property is located on a transit route (Route #22). Additionally, the property is within 500 metres of an iXpress route. The proposal also includes 48 bicycle parking spaces (36 Class A secured bicycle storage, and 12 Class B). Transportation Services has also reviewed the application and supports the parking reduction. Accordingly, Planning staff is of the opinion that the requested variances for a parking reduction and visitor parking reduction meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.5 parking spaces per dwelling unit parking requirement is to ensure that there is adequate parking spaces available for the residents and for visitors to the property. The reduction to 1.4 parking spaces per dwelling unit is a slight reduction from the requirement in Zoning By-law 85- 1 and is higher than what is required new Zoning By-law 2019-051, 1.15 spaces per unit (1 per dwelling unit, 72 parking spaces, and 0.15 per dwelling unit for visitor parking, 11 visitor parking spaces). Furthermore, alternative transportation options are provided on site, as the property is located close to an existing GRT bus stop. Adequate bicycle parking (both Class A and B spaces) will also be provided in the new development. Staff is of the opinion that the variances meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the reduced parking rate and visitor parking rate 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 desirable and appropriate for the development and use of the land as their approval will facilitate the construction of a multiple residential development having 72 dwelling units, which use is permitted in Zoning By-law 85-1 and will contribute to the housing need in our community. Environmental Planning Comments: No natural heritage concerns. Tree management will be addressed through the site plan process. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: No engineering concerns. Parks/Operations Division Comments: All Parks and Cemeteries requirements will be addressed through SP23/019/E/TS. There are no concerns with this application. Transportation Planning Comments: Based on the parking analysis completed by MHBC, Transportation Services can support the reduction of required parking from 1.5 spaces per unit to 1.4 spaces per unit. Additionally, Transportation Services can also support the proposed reduction in visitor parking from 20% of required parking (20 spaces) to 14% of required parking (14 spaces). 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 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 inf 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 ATTACHMENTS: Attachment A Draft Site Plan Attachment A Draft Site Plan April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 From: To:Committee of Adjustment (SM) Subject:Adjustment Written Feedback May 4th, 2023 Date:Thursday, May 4, 2023 11:26:20 AM Full Name: Craig Reynolds In my written submission, I would like to comment on multiple different applications to best provide feedback to the committee. A 2023-053 - 525 Erinbrook Drive IN SUPPORT I want to first voice my full and whole support of reducing the number of required parking spaces for this minor variance request. The city and region needs to focus on reducing the number of personal vehicles on the road and not everyone even has a need for one anyways. Personally I am against parking minimums as they are very unhelpful, and believe we as a community need to do more to reduce the parking required in our city. A 2023-055 - 152 Weber Street East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-057 - 84 Maple Hill Drive AGAINST This request for a minor variance is absolutely absurd and should not be approved. The property already has over 2X (Two times) the maximum permitted driveway size (Which is already excessive) and are now demanding to have over 3X (Three times) the maximumpermitted driveway size for what is a RESIDENTIALdriveway. This property is clearly a single family dwelling and if they are having issues with parking, they should consider downsizing the amount of vehicles they have. I have even taken the time to drive past this property, and am 100% certain that this property should be denied their application. As of May 4th, they had a massive empty driveway that allows them to pull a vehicle around with two exits, as well as a sign posted "Deliveries and Service Vehicles Park on Street" If they are not going to use their existing driveway for parking for themselves, visitors, or services, then this request for adjustment is simply absurd and should be immediately discarded. A 2023-058 - 202 Courtland Avenue East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-059 - 26 Louisa Street IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-060 - 20 Cameron Street North IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. Thank you for your time and consideration, -- Craig Reynolds Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 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 3 DATE OF REPORT: May 3, 2023 REPORT NO.: DSD-2023-207 SUBJECT: Minor Variance Application A2023-054 133 Manitou Drive RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2023-054 for 133 Manitou Drive requesting Permission under section 45(2)(a)(i) of the Planning Act to permit the enlargement or extension of a legal non-conforming use into vacant space in the existing building of approximately 325 square metres (3,500 square foot), for a health clinic use related to a home health care business, in --law 2019-051, in accordance with Site Plan Application SP23/016/M/TZ, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for Permission to permit the enlargement or extension of a legal non-conforming use, a health clinic use related to a home health care business at 133 Manitou Drive. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the This report supports the delivery of core services. BACKGROUND: The subject property is located on the west side of Manitou Drive, within the Trillium Industrial Park area. The surrounding lands are characterised by a mix of office, commercial and light industrial uses. Industrial Employment Areas Urban Structure and General Industrial Employment *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. General Industrial Employment Zone (EMP-2-law2019-051. The purpose of this report is to review an application to permit the enlargement or extension of a legal non-conforming use, a health clinic use related to a home health care business, into one of the vacant units in the building located at 133 Manitou Drive. The Subject Property is currently occupied by a building having ~14,000 square feet (1,301 square metres) of building floor are and contains offices/clinic for a home healthcare provider (ParaMed, occupying ~9,500 square feet (883 square metres)) and a land development company (Oak Bridge Properties, occupying ~1,000 square feet (93 square metres)) while the balance of the building (~3,500 square feet (325 square metres)) is currently vacant. ParaMed would like to expand their business into the vacant 3,500 square feet portion of the existing building. The site has operated with Health Clinic and Office use since 2013 when Zoning By-law 85-1 was in effect. Given that the current uses have operated within the building since 2013, the existing office uses on the subject property are legal non-complying uses. A Zoning Occupancy Certificate has been issued to recognize the existing use of the building established under Zoning By-law 85-1. Site Plan Application SP23/016/M/TZ is currently under review to recognize the existing parking configuration. City Planning staff conducted a site visit on April 19, 2023. Figure 1: Location Map: 133 Manitou Drive Figure 2: Front View of 133 Manitou Drive Figure 3: Site Plan Drawing 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. ParaMed has existed in the building on the subject property since 2013. The use of the property by the office/clinic use is compatible with the surrounding area which is currently comprised of office, commercial and light industrial uses. complementary service commercial uses such as restaurants, print shops, computer service facilities, financial establishments, personal services, fitness centres, recreational facilities, day care facilities, health offices and clinics in our Business Park land use designation. Although the property is not located in a Business Park land use designation, the planned function of this industrial area on Manitou Drive has historically developed in this way under previous uses permitted by Zoning By-law 85-1. Further, the existing health clinic with the expansion into vacant building space offers a necessary service for the community. Additionally, with no change to the exterior of the building ParaMed is able to expand their operations internally and continue to function without impact on the planned function of the industrial area. Any Adverse or Unacceptable Impacts? The application does not impose any impacts upon abutting properties, as it will not introduce any noxious uses. Further, the use will not change the building footprint removing any potential for physical or visual impact. The proposed expansion of the use on the property required an update to the site plan to ensure that sufficient parking and loading areas and circulation on the site for the office/clinic use operated accordingly without adversely impacting abutting properties and the planned function of the industrial employment area. The subject property provides 65 parking spaces, which is more than adequate for the building and the proposed uses. Planning Staff do not have any concerns with the proposed enlargement/expansion of the legal non- conforming use with the allocation of the current vacant space to health clinic use. Planning staff are of the opinion that the additional health clinic space within the existing building will not cause any adverse or unacceptable impacts. Environmental Planning Comments: No natural heritage concerns, tree management will be addressed through Site Plan Application. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the interior alterations is obtained prior to 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 does not have any concerns with the proposed application. NOTE: Transportation Services did have concerns with the existing parking lot and potential encroachment on to the adjacent property (149 Manitou) from parking spaces along that property line. Via the site plan application (SP23/016/M/TZ), the applicant has revised the parking lot on there and there are no longer any concerns with encroachment. 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: Attachment A Notice of Source Protection Plan Compliance Notice of Source Protection Plan Compliance Issued under Section 59(2) of the Clean Water Act SCHEDULE 1 – SUMMARY OF ACTIVITIES PROPOSED FOR PROPERTY The application is related to the following activities on the property: •No activities prescribed under the Clean Water Act are proposed The following activities are either not occurring on or proposed for the property, or are not related to this application: Chemical Handling Winter Maintenance •Aircraft de-icing •Application of road salt (on roads and parking lots) •Storage of DNAPLS (dense oils) •Storage of road salt •Storage of fuel •Storage of snow (from off-site) •Storage of solvents Farming Activities •Storage of fertilizer •Application of manure •Storage of pesticides •Livestock yards or pastures Waste Handling •Storage of manure •Landfilling of waste •Application of fertilizer •Storage of hazardous waste •Storage of fertilizer •Storage of PCB waste •Application of non-agricultural source material (eg: compost or Private Sewage Operations biosolids) •Storage of non-agricultural•Septic system source material (eg: compost of •Storm water management biosolids) •Application of pesticides •Storage of pesticides Page 3 of 4 DOCS 1737472 Notice of Source Protection Plan Compliance Issued under Section 59(2) of the Clean Water Act SCHEDULE 2 – SUMMARY OF ACTIVITIES PROHIBITED AT PROPERTY The following activities may be prohibited under Section 57 of the Clean Water Act at the location indicated on page 1 of this notice: •The uncovered storage of de-icing salt in quantities greater than 1 tonne •Piling of snow from other properties •The uncovered storage of de-icing salt in quantities up to 1 tonne Page 4 of 4 DOCS 1737472 April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 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: Ward 10 DATE OF REPORT: May 10, 2023 REPORT NO.: DSD-2023-206 SUBJECT: Minor Variance Application A2023-055 152 Weber Street East RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-055 for 152 Weber Street East requesting relief from the following Sections of Zoning By-law 85-1: i) Section 5.22 b) to permit a lot area of 375 square metres instead of the minimum required 395 square metres; and ii) Section 39.2.1 a) to permit a 0.4 metre right side yard setback instead of the minimum required 1.2 metres; to facilitate the construction and conversion of an existing duplex dwelling to a three (3) unit residential building in accordance with a Site Plan, prepared by Rob Sajkunovic, dated June 2021, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review minor variances requesting a reduction of the minimum nd lot area requirement and the right side yard setback to facilitate the construction of a 2 storey addition and the conversion of an existing duplex dwelling to a three (3) unit residential building. The key finding of this report is that the application meets the four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the This report supports the delivery of core services. BACKGROUND: The subject property is located at 152 Weber Street East on the north side of Weber Street near the intersection of Weber Street East and Cameron Street North. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Aerial Photo of Subject Site Major Transit Station Area Urban Structure and is Low Density Commercial ResidentialMap 10 King Street East Neighbourhood Plan for Commercial Residential One Zone (CR-1) in Zoning By-law 85-1. The application is requesting variances for a reduction in the minimum lot area and right side yard setback requirements to facilitate the construction and conversion of an existing duplex to a three (3) unit residential building, a single detached dwelling with two Additional Dwelling Units (ADUs)(Attached). A Building Permit was issued on November 12, 2021, to permit the construction a second-storey addition on the rear of the of the principal dwelling. Recently, the applicant inquired about use of the addition for an additional dwelling unit. Upon further review staff recognized deficiencies in lot area and the right side yard setback.The right side of the second-storey addition complies to the building code and has reduced glazing due to the proximity to the abutting property lot line. Staff visited the subject site on April 19, 2023. Figure 2: Front View from Staff Site Visit Figure 3: Right Side View from Staff Visit Figure 4: Site Plan Figure 5: Left Side Elevation Figure 6: Right Side Elevation Figure 7: Rear Elevation REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Density Commercial Residential in the King Street East Secondary Plan. The intent of Low Density Commercial Residential is to permit a variety of low rise residential uses such as single detached dwellings and a variety of commercial uses with access to Weber Street, and to ensure there is an adequate buffer between Low Rise Multiple Residential and Low Rise Conservation designated areas. The proposed use of the property will meet the general intent of the Official Plan. General Intent of the Zoning By-law Lot Area The intent of the required minimum 395 square metre lot area for an Additional Dwelling Unit (ADU) (Attached) is to ensure that there is adequate space to accommodate an appropriate buildable area, ability to meet regulatory functions such as a front yard setback, the provision of adequate amenity space and required parking. The reduction in the minimum lot area will not impact the functionality or ability of the site to accommodate an additional dwelling unit, as the addition and conversion are contained within the existing building footprint. Sufficient amenity exists and the required parking can be accommodated on the existing driveway. Accordingly, this variance meets the intent of the Zoning By-law. Right Side Yard Setback The intent of a 1.2 metre minimum side yard setback is to ensure that there is adequate space for maintenance and privacy to occur without disrupting the abutting property. The existing right side yard setback of 0.44 metres is legal non-conforming and currently allows adequate space for maintenance. The proposed second-storey addition will not include additional glazing adjacent to this lot line. Staff are of the opinion that this variance meets the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the variances are minor in nature. The reductions in lot area and side yard setback requirements will not inhibit the ability of the lot to meet other zoning regulations The requested variances are not expected to impact any of the adjacent properties or the surrounding neighbourhood. The ADU (attached) will be developed with the construction of a second-storey addition and conversion of the existing duplex dwelling and will be compatible with the built form on adjacent properties. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable and appropriate for the development and use of the land as they will support a gentle intensification of housing by facilitating the construction and use of a second-storey addition for a new residential dwelling unit. The conversion of the existing duplex to a triplex will make use of existing infrastructure. Environmental Planning Comments: No natural heritage or tree management concerns. Heritage Planning Comments: There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 152 Weber Street East is located within the Central Frederick 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. A building permit application has been made for the change of use and it is currently under review. Engineering Division Comments: No comments. Parks/Operations Division Comments: No concerns / no comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Grand River Conservation Authority: No objection. Region of Waterloo: No concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 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 (1994/2014) - King Street East Secondary Plan Zoning By-law 85-1 April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 From: To:Committee of Adjustment (SM) Subject:Adjustment Written Feedback May 4th, 2023 Date:Thursday, May 4, 2023 11:26:20 AM Full Name: Craig Reynolds In my written submission, I would like to comment on multiple different applications to best provide feedback to the committee. A 2023-053 - 525 Erinbrook Drive IN SUPPORT I want to first voice my full and whole support of reducing the number of required parking spaces for this minor variance request. The city and region needs to focus on reducing the number of personal vehicles on the road and not everyone even has a need for one anyways. Personally I am against parking minimums as they are very unhelpful, and believe we as a community need to do more to reduce the parking required in our city. A 2023-055 - 152 Weber Street East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-057 - 84 Maple Hill Drive AGAINST This request for a minor variance is absolutely absurd and should not be approved. The property already has over 2X (Two times) the maximum permitted driveway size (Which is already excessive) and are now demanding to have over 3X (Three times) the maximumpermitted driveway size for what is a RESIDENTIALdriveway. This property is clearly a single family dwelling and if they are having issues with parking, they should consider downsizing the amount of vehicles they have. I have even taken the time to drive past this property, and am 100% certain that this property should be denied their application. As of May 4th, they had a massive empty driveway that allows them to pull a vehicle around with two exits, as well as a sign posted "Deliveries and Service Vehicles Park on Street" If they are not going to use their existing driveway for parking for themselves, visitors, or services, then this request for adjustment is simply absurd and should be immediately discarded. A 2023-058 - 202 Courtland Avenue East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-059 - 26 Louisa Street IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-060 - 20 Cameron Street North IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. Thank you for your time and consideration, -- Craig Reynolds Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 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 9 DATE OF REPORT: May 3, 2023 REPORT NO.: DSD-2023-203 SUBJECT: Minor Variance Application A2023-056 17 Brock Street RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-056 for 17 Brock Street requesting relief from the following sections of Zoning By-law 85-1: i) Section 39.2.1 to have a side yard setback of 0.3 metres instead of the minimum required 1.2 metres; and ii) Section 39.2.1 to have a rear yard setback of 2.4 metres instead of the minimum required 7.5 metres; to facilitate alterations to change the roof type/style of the existing attached garage from a shed style to a pitched shaker style, generally in accordance with drawings prepared by Van Harten Surveying, dated May 30, 2022, and h11 design, dated March 30, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review the minor variance application requesting relief from Section 39.2.1 of Zoning By-law 85-1 to facilitate alterations to change the roof type of the existing attached garage from a shed style to a pitched shaker style. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the ommittee of Adjustment meeting. 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 locatedon the south side of Brock Street, within the Victoria Park Neighbourhood. The surrounding context of the subject property is primarily comprised of low-rise residential uses. Community Areas Urban Structure and is Low Rise Conservation14 Victoria Park Neighbourhood Plan for Land Use in 1994 Official Plan. Residential Zone Five (R-5-law 85-1. The purpose of the application is to permit an attached garage to have a side yard setback of 0.3 metres instead of the minimum required 1.2 metres and to have a rear yard setback of 2.4 metres instead of the minimum required 7.5 metres to facilitate alterations to change the roof type of the existing attached garage from a shed style to a pitched shaker style. City Planning staff conducted a site inspection on April 19, 2023. Figure 1: Location Map: 17 Brock Street Figure 2: Front View: 17 Brock 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 subject lands are This land use designation permits low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings to a maximum of three units, small lodging houses, small residential care facilities, home businesses, and private home day care. The requested variance to permit reduced rear and side yard setbacks for the existing single detached dwelling is appropriate and continues to maintain the low- density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The general intent of the Official Plan will be maintained. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure adequate access to the rear of the property while maintaining privacy and separation from abutting properties. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduced side yard setback of 0.3 and rear yard of 2.4 is only applicable to the existing attached garage and majority of the dwelling meets zoning requirements. There will still be side yard access on the other side of the dwelling and a sufficient amenity space in the rear yard behind the dwelling. Accordingly, the intent of the zoning by-law will be maintained. Is/Are the Effects of the Variance(s) Minor? The reductions of the side and rear yard setbacks are considered minor. The alteration/change in roof type for the attachedgarage maintains the same building footprint, only altering the roofing type. All setbacks remain the same as the prior use. Staff is of the opinion that the requested variance will not negatively impact the adjacent properties or surrounding neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are desirable and appropriate as they will facilitate alterations to the roof type of the existing attached garage, enhancing the architectural character of the garage and supporting the built form found in the Cultural Heritage Landscape. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: 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 17 Brock Street is located within the Victoria Park Area CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Victoria Park Area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Victoria Park Area CHL, please visit the following link: www.kitchener.ca/npr. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the renovations to the garage 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 concerns. Transportation Planning Comments: Transportation Services does not have any 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 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 ATTACHMENTS: Attachment A Site Survey Attachment B Site Plan Attachment C Floor Plans Attachment D Elevation Drawings ESBGU This drawing is an instrument of service and is the property of h11 design and cannot be modified and/or reproduced without the permission of h11 design. © Copyright-h11 design All Rights Reserved. BROCK STREET This drawing forms part of the Contract Documents and is to be read in conjunction with all other Contract Documents. Contractor must verify all dimensions on the project 3211 ± site and report any discrepancies before proceeding with the work. The Contractor shall assume responsibility should the Contractor elect to proceed without reporting any discrepancies. Drawings are not to be scaled. SUBJECT SITESUBJECT SITE All work shall conform to the requirements of the Ontario Building Code (OBC) 2012, the Occupational Health and Safety Act, including any subsequent amendments and all other applicable Publications and Authorities having jurisdiction. 4 5 0 TN 0 0 0 2 8 7 5 5 5 EXISTING LAWNEXISTING DRIVEWAY 120 0 LOCATION PLAN 2 1200 A0 N.T.S. 5470 3410 1140 4197 PARKING SPACE EXISTING DWELLING STREET VIEW 3 A0 N.T.S. SHEET LIST SINGLE FAMILY No.DRAWING NAME DWELLING A0INFORMATION, GENERAL NOTES, AND SITE PLAN 5500 A1FLOOR PLANS - EXISTING AND DEMOLITION GARAGE AND A2ELEVATIONS - EXISTING AND DEMOLITION A3FLOOR PLANS - NEW CONSTRUCTION LAUNDRY ROOM A4ELEVATIONS - NEW CONSTRUCTION RENOVATION EXISTING WOOD AND 17 BROCK STREET METAL MESH FENCE KITCHENER, ONTARIO N2M 1X2 2600 GENERAL NOTES 1110 1ALL WORK SHALL CONFORM TO THE LATEST EDITION OF THE ONTARIO BUILDING CODE 2012 (O.B.C.), AND THE 405 OCCUPATIONAL HEALTH AND SAFETY ACT, INCLUDING ALL AMENDMENTS. EXISTING 2WHERE INFORMATION CONTAINED ON THE DRAWINGS AND THE OBC DO NOT AGREE, THE MORE STRINGENT WOOD GATE CONDITIONS SHALL APPLY. 3THE CONTRACTOR SHALL VISIT THE SITE AND MAKE CERTAIN TO REVIEW THE EXISTING SITE CONDITIONS AND CONSTRAINTS. CONTRACTOR TO SITE VERIFY DIMENSIONS AND NOTIFY DESIGNER OF ANY DISCREPANCIES. PRELIMINARY 4THE CONTRACTOR COMPLETING THIS WORK SHALL HAVE SUFFICIENT PAST EXPERIENCE IN COMPLETING WORK OF A SIMILAR NATURE AND BE CAPABLE OF PROVING SUCH EXPERIENCE, IF REQUESTED. NOT FOR CONSTRUCTION 51.IT IS THE CONTRACTOR'S RESPONSIBILITY TO: A.USE FIGURED DIMENSIONS IN PREFERENCE TO SCALING. NOT FOR PERMIT B.VERIFY AND CHECK ALL DIMENSIONS PRIOR TO AND DURING CONSTRUCTION. C.WHERE DISCREPANCIES OCCUR, CONSULT WITH THE DESIGNER OR BUILDING DEPARTMENT PRIOR TO EXECUTION OF THE WORK. 6ALL DIMENSIONS ARE TAKEN TO THE FACE OF WALL FINISH FOR EXISTING ELEMENTS AND FACE OF STRUCTURE FOR NEW ELEMENTS UNLESS OTHERWISE NOTED. 8ALL DOORS ARE TO BE INSTALLED 4" FROM ADJACENT WALL AT HINGE SIDE, UNLESS OTHERWISE NOTED. EXISTING EXISTING WOOD 9PATCH AND MAKE GOOD ALL EXISTING TO REMAIN ELEMENTS AFFECTED BY DEMOLITION AND CONSTRUCTION DECK AND STAIR GARAGE ACTIVITIES. 0ISSUED FOR MINOR2023.03.30 VARIANCE No.DESCRIPTIONDATE EXISTING WOOD FENCE ISSUE RECORD 7 h11 design 5 0 0 27 Yellow Birch Drive Kitchener, Ontario, N2N 2M1 P: 519.404.2036 E: h11.architecture@gmail.com 340 EXISTING CONCRETE PAVER PATIO PROJECT TITLE: GARAGE AND LAUNDRY EXISTINGLOT COVERAGE INFORMATION: SHED TOTAL LOT AREA = 301.36 m² ROOM RENOVATION TOTAL ALLOWABLE COVERAGE (RES-3) = 55% 2 24 67 17 BROCK STREET 10 EXISTING HOME AND GARAGE AREA = 108.18 m² (35.8%) 9 KITCHENER, ONTARIO EXISTING SHED AREA = 2.23 m² (0.01 m²) N2M 1X2 TOTAL EXISTING COVERAGE = 110.41 m² (35.81%) EXISTING WOOD FENCE DRAWING TITLE: NO COVERAGE OR FOOTPRINT ALTERATIONS PROPOSED EXISTING FOR NEW GARAGE ROOF AND INTERIOR RENOVATION. INFORMATION, GENERAL EXISTING FOOTPRINT AND EXTERIOR FOUNDATIONS TO BE GARAGE REUSED FOR GARAGE RENOVATION. NOTES, AND SITE PLAN DRN:JH SURVEY INFORMATION FROM VAN HARTEN SURVEYING INC. MAY 30, 2022 DATE:2023-03-28 SCALE:As indicated SITE PLAN -EXISTING AND PROPOSED 1 PROJECT NO.DWG NO. A2A0 1 : 50 004 A0 This drawing is an instrument of service and is the property of h11 design and cannot be modified and/or reproduced without the permission of h11 design. DEMOLITION LEGEND: © Copyright-h11 design All Rights Reserved. EXISTING TO BE REMOVED / MODIFIED This drawing forms part of the Contract Documents and is to be read in conjunction with all other EXISTING WALL TO REMAIN Contract Documents. Contractor must verify all dimensions on the project EXTENT OF CEILING BULKHEAD site and report any discrepancies before proceeding with the work. The Contractor shall assume DENOTES BEAM OR LINTEL LOCATION responsibility should the Contractor elect to proceed without reporting any discrepancies. ABBREVIATIONS: Drawings are not to be scaled. CH-CEILING HEIGHT C/W-COMPLETE WITH All work shall conform to the requirements of the O.C.-ON CENTER Ontario Building Code (OBC) 2012, the SH-SILL HEIGHT Occupational Health and Safety Act, including any U/S-UNDERSIDE subsequent amendments and all other applicable Publications and Authorities having jurisdiction. 1 TN 254 A2 KEYNOTES EXISTING TAGKEYNOTE EXISTING CONCRETE FLOOR D001REMOVE EXISTING EXTERIOR WALL TO THE EXTENT BASEMENT ABOVE INDICATED. BEYOND D002REMOVE EXISTING INTERIOR PARTITION TO THE EXTENT INDICATED. D057 D004REMOVE EXISTING DOOR, JAMB AND ASSOCIATED EXTENT OF EXISTING ROOF ABOVE HARDWARE IN ITS ENTIRETY. D008REMOVE EXISTING WINDOW, FRAME AND ASSOCIATED HARDWARE IN ITS ENTIRETY. D053LOCATION OF EXISTING SANITARY STACK. INCORPORATE INTO NEW WALL. D054SAW CUT EXISTING CONCRETE FLOOR AND EXCAVATE AS EXTENT OF EXISTING ROOF ABOVE UNEXCAVATED 5318 REQUIRED TO POUR NEW FOUNDATION WALL AND 2032 x 1270 FOOTINGS. D055REMOVE/CUT BACK EXISTING ROOF/TOP OF WALL AS REQUIRED TO INSTALL NEW KNEE WALL. SH 914 D056REMOVE EXISTING GUARDRAIL TO THE EXTENT REQUIRED FOR NEW CONSTRUCTION ACTIVITIES. D057EXISTING FOOTINGS BELOW, SITE VERIFY DEPTH AND SIZE. DN 5R CLOSET 2543930254 2861046 0.60 m² 254 x 7622007 LIVINGFOYER 22.51 m²7.67 m² UP 13R CH 2515CH 2515 5020 41351534227991 x 7492007 1067 x 8642032 x 12072007 381032511381728 2 PARTIAL FOUNDATION PLAN (BELOW EXISTING GARAGE) -EXISTING AND DEMOLITION 2 4 A2 A1 1 : 50 A2 DININGKITCHEN 3738 14.24 m²13.14 m² x 7622007 EXTENT OF EXISTING ROOF ABOVE CH 2515CH 2515 1524 x 1397 SH 800 1245 x 838 EXTENT OF EXISTING ROOF ABOVE SH 787 356 x 2032356 x 2032 x 9652438 SH 1016 1524 x 1372 BED 1BATH 2159229 D008 14.40 m²5.57 m² D001 2999 2019 CH 2362CH 2362 179923162829 1550 LAUNDRY D053 D002 D004 4.59 m² 2083 CH 2515 D002 3271 PRELIMINARY x 7112007 305 x 2032 GARAGE 1760 CLOSET NOT FOR CONSTRUCTION 1034 UP 13R 920 18.39 m² 1.55 m² NOT FOR PERMIT DN 5R 549 5472 10931142875 1951 x CLOSETCLOSET 6102007 DN 13R 610 0.85 m²0.85 m² 14021402 11002474 D002D054 x 7622007 HALL LINENCLOSET D004 6.58 m² 823 0.62 m²0.99 m² 0ISSUED FOR MINOR2023.03.30 CH 2362 2201 x 6102007 8691402 VARIANCE x 8642032 No.DESCRIPTIONDATE ISSUE RECORD h11 design 4073 27 Yellow Birch Drive EXTENT OF EXISTING ROOF ABOVE Kitchener, Ontario, N2N 2M1 BED 2 MASTER P: 519.404.2036 10.75 m² 13.86 m² E: h11.architecture@gmail.com 2987 CH 2362 CH 2362 34023599 PROJECT TITLE: 3 GARAGE AND LAUNDRY A2 ROOM RENOVATION SH 660 17 BROCK STREET 762 x 1219 KITCHENER, ONTARIO N2M 1X2 DRAWING TITLE: D055 FLOOR PLANS-EXISTING AND DEMOLITION D056 DRN:JH DATE:2023-03-28 SCALE:As indicated SECOND FLOOR PLAN -EXISTING AND DEMOLITION MAIN FLOOR PLAN -EXISTING AND DEMOLITION 3 1 PROJECT NO.DWG NO. A2A1 A2A1 1 : 50 1 : 50 004 A1 This drawing is an instrument of service and is the property of h11 design and cannot be modified and/or reproduced without the permission of h11 design. NEW CONSTRUCTION LEGEND: © Copyright-h11 design All Rights Reserved. EXISTING WALL TO REMAIN This drawing forms part of the Contract Documents and is to be read in conjunction with all other EXTENT OF CEILING BULKHEAD Contract Documents. Contractor must verify all dimensions on the project DENOTES BEAM OR LINTEL LOCATION site and report any discrepancies before proceeding with the work. The Contractor shall assume ABBREVIATIONS: responsibility should the Contractor elect to proceed without reporting any discrepancies. CH-CEILING HEIGHT C/W-COMPLETE WITH Drawings are not to be scaled. O.C.-ON CENTER SH-SILL HEIGHT All work shall conform to the requirements of the U/S-UNDERSIDE Ontario Building Code (OBC) 2012, the Occupational Health and Safety Act, including any NEW STRUCTURAL:subsequent amendments and all other applicable Publications and Authorities having jurisdiction. SF116"x4" STRIP FOOTING 11 TN 254 C12 PLY 2x 4 SPF WOOD COLUMN IN WALL SYSTEM A2A4 EXISTING BASEMENT WALL ASSEMBLIES BEYOND TYPICAL 6" CONCRETE FOUNDATION WALL 152 EXTENT OF EXISTING ROOF ABOVE 3111 •6" CAST-IN-PLACE CONCRETE FW1 EXTENT OF EXISTING ROOF ABOVE 1124 UNEXCAVATED 5318 SF1 2032 x 1270 152 TYPICAL 2"x4" TWO SIDED PARTITION 89 SH 914 •1/2" GYPSUM BOARD, TAPED AND SANDED N083 FW1•2"x4" SPF WOOD STUDS @ 16" O.C. P2 •1/2" GYPSUM BOARD, TAPED AND DN 5R SANDED 2055 CLOSET TYPICAL 2"x6" TWO SIDED PARTITION 2543930254 140 2861046 •1/2" GYPSUM BOARD, TAPED AND 0.60 m² SANDED •2"x6" SPF WOOD STUDS @ 16" O.C. 254 P3 •5 1/2" MINERAL WOOL INSULATION, x 7622007 WHERE INDICATED ON DRAWINGS LIVINGFOYER •1/2" GYPSUM BOARD, TAPED AND 22.51 m²7.67 m² SANDED UP 13R CH 2515CH 2515 5020 41351534227991 FLOOR ASSEMBLIES F1 TYPICAL INTERIOR 2x8" WOOD JOIST FLOOR •3/4" PLYWOOD T&G SUBFLOORING •MINERAL WOOL INSULATION (R31) •2"x8" WOOD FLOOR JOISTS @ 16" O.C. x 7492007 C/W BRIDGING 1067 ROOF ASSEMBLIES x 8642032 x 12072007 381032511381728 TYPICAL SHINGLED TRUSS ROOF R1 •25 YEAR ASPHALT SHINGLES •ICE AND WATERSHIELD EAVES 22 STARTER UP 60" MIN FROM EDGE OF PARTIAL FOUNDATION PLAN (BELOW EXISTING GARAGE) -NEW CONSTRUCTION 2 ROOF (PROVIDE THROUGHOUT ROOF 44 A2A4 FOR LOW SLOPE APPLICATION) A3 1 : 50 •1/2" PLYWOOD ROOF SHEATHING A2A4 •PRE-ENGINEERED ROOF TRUSSES @ 16" O.C. KITCHEN TYPICAL SHINGLED STICK FRAMED ROOF DINING •25 YEAR ASPHALT SHINGLES 13.14 m² 3738 R2 14.24 m² x 7622007 •ICE AND WATERSHIELD EAVES EXTENT OF EXISTING ROOF ABOVE CH 2515 CH 2515 STARTER UP 60" MIN FROM EDGE OF ROOF (PROVIDE THROUGHOUT ROOF 1524 x 1397 FOR LOW SLOPE APPLICATION) •1/2" PLYWOOD ROOF SHEATHING •2x8 SPF ROOF RAFTERS @ 12" O.C. SH 800 •BLOWN IN CELLULOSE INSULATION N001 (R60), WHERE INDICATED ON N027N022 EXTENT OF EXISTING ROOF ABOVE DRAWINGS 1245 x 838 SH 787 2 PLY 2x10 SPF WOOD BEAM x 9652438 SH 1016 2172 1524 x 1372 BED 1BATH x 24382134 14.40 m²5.57 m² P2 2999 2019 CH 2362CH 2362 KEYNOTES 179923162829 P3 1563 343 TAGKEYNOTE 208321611051402837 N001INFILL TO MATCH EXISTING ADJACENT EXTERIOR WALL ASSEMBLY. TIE IN ALL MEMBRANES AS REQUIRED. MUD N022 89 N016NEW 42" HIGH MIN. GUARDRAIL PER OBC 9.8.8. INSTALLED 4.58 m² BATH / LAUNDRY PER SB-7 REQUIREMENTS. CH 2438 3.93 m² N022NEW PLUMBING FIXTURE, BY OTHERS. N084 CH 2438 N027DIRECT VENT APPLIANCE TO EXTERIOR. PRELIMINARY x 7112007 N083MATCH DEPTH OF FOUNDATION WALL TO EXISTING, SITE 305 x 2032 NEW 2x8 RAFTERS VERIFY. CLOSET NOT FOR CONSTRUCTION 1671 1034 UP 13R 920 @ 12" O.C. N084PROVIDE BLOWN IN INSULATION (R60) ABOVE WASHROOM IN 1.55 m² NOT FOR PERMIT DN NEW ROOF CAVITY. 549 1951 N022 x CLOSETCLOSET 6102007 DN 13R 610 GARAGE 0.85 m²0.85 m² 14021402 140 18.16 m² 11002474 CH 2438 P3 x 7622007 HALL LINENCLOSET NEW PRE-ENGINEERED 6.58 m² 823 0.62 m²0.99 m² 0ISSUED FOR MINOR2023.03.30 CH 2362 TRUSSES @ 16" O.C. x 2163 6102007 8691402 VARIANCE No.DESCRIPTIONDATE ISSUE RECORD h11 design 4073 27 Yellow Birch Drive EXTENT OF EXISTING ROOF ABOVE Kitchener, Ontario, N2N 2M1 BED 2 MASTER P: 519.404.2036 10.75 m² 13.86 m² E: h11.architecture@gmail.com 2987 CH 2362 CH 2362 34023599 PROJECT TITLE: 33 GARAGE AND LAUNDRY A2A4 ROOM RENOVATION SH 660 17 BROCK STREET 762 x 1219 KITCHENER, ONTARIO N2M 1X2 DRAWING TITLE: N016 FLOOR PLANS-NEW CONSTRUCTION N001 DRN:JH DATE:2023-03-28 SCALE:As indicated MAIN FLOOR PLAN -NEW CONSTRUCTIONSECOND FLOOR PLAN -NEW CONSTRUCTION 13 PROJECT NO.DWG NO. A2A3A2A3 1 : 501 : 50 004 A3 This drawing is an instrument of service and is the property of h11 design and cannot be modified and/or reproduced without the permission of h11 design. © Copyright-h11 design All Rights Reserved. This drawing forms part of the Contract Documents and is to be read in conjunction with all other U/S THIRD FLOOR CEILINGU/S THIRD FLOOR CEILING 83428342 Contract Documents. Contractor must verify all dimensions on the project site and report any discrepancies before proceeding with the work. The Contractor shall assume responsibility should the Contractor elect to proceed without reporting any discrepancies. Drawings are not to be scaled. 29822982 All work shall conform to the requirements of the Ontario Building Code (OBC) 2012, the Occupational Health and Safety Act, including any subsequent amendments and all other applicable Publications and Authorities having jurisdiction. T/O THIRD FLOORT/O THIRD FLOOR 53605360 U/S SECOND FLOOR CLG 241 U/S SECOND FLOOR CLG 241 51195119 D056 23622362 D001D055 D007D008D004D008 T/O SECOND FLOORT/O SECOND FLOOR 27572757 U/S MAIN FLOOR CLG 241 U/S MAIN FLOOR CLG 241 25152515 D007 D001 D007 25152515 T/O MAIN FLOORT/O MAIN FLOOR 00 762 x 457762 x 457762 x 457 961961 T/O GARAGE FLOORT/O GARAGE FLOOR -961-961 NORTH ELEVATION -EXISTING AND DEMOLITIONEAST ELEVATION -EXISTING AND DEMOLITION 12 A1A2A1A2 1 : 501 : 50 U/S THIRD FLOOR CEILINGU/S THIRD FLOOR CEILING 83428342 29822982 1245 x 775 T/O THIRD FLOORT/O THIRD FLOOR 53605360 241241 U/S SECOND FLOOR CLGU/S SECOND FLOOR CLG 51195119 23622362 D056 PRELIMINARY D055D007 NOT FOR CONSTRUCTION T/O SECOND FLOORT/O SECOND FLOOR 27572757 U/S MAIN FLOOR CLG 241 U/S MAIN FLOOR CLG 241 NOT FOR PERMIT 25152515 D001 1029 x 610 D001 D001 D007 25152515 0ISSUED FOR MINOR2023.03.30 VARIANCE No.DESCRIPTIONDATE ISSUE RECORD T/O MAIN FLOORT/O MAIN FLOOR 00 762 x 457 762 x 457 h11 design 961961 27 Yellow Birch Drive Kitchener, Ontario, N2N 2M1 T/O GARAGE FLOORT/O GARAGE FLOOR P: 519.404.2036 -961-961 E: h11.architecture@gmail.com PROJECT TITLE: GARAGE AND LAUNDRY ROOM RENOVATION SOUTH ELEVATION -EXISTING AND DEMOLITIONWEST ELEVATION -EXISTING AND DEMOLITION 34 17 BROCK STREET KITCHENER, ONTARIO A1A2A1A2 1 : 501 : 50 N2M 1X2 DRAWING TITLE: KEYNOTES ELEVATIONS-EXISTING TAGKEYNOTE AND DEMOLITION D001REMOVE EXISTING EXTERIOR WALL TO THE EXTENT INDICATED. D004REMOVE EXISTING DOOR, JAMB AND ASSOCIATED HARDWARE IN ITS ENTIRETY. DRN:JH D007REMOVE EXISTING ROOF IN ITS ENTIRETY C/W FASCIA AND EAVESTROUGHS. DATE:2023-03-28 D008REMOVE EXISTING WINDOW, FRAME AND ASSOCIATED HARDWARE IN ITS ENTIRETY. D055REMOVE/CUT BACK EXISTING ROOF/TOP OF WALL AS REQUIRED TO SCALE:1 : 50 INSTALL NEW KNEE WALL. D056REMOVE EXISTING GUARDRAIL TO THE EXTENT REQUIRED FOR NEW PROJECT NO.DWG NO. CONSTRUCTION ACTIVITIES. 004 A2 This drawing is an instrument of service and is the property of h11 design and cannot be modified and/or reproduced without the permission of h11 design. © Copyright-h11 design All Rights Reserved. This drawing forms part of the Contract Documents and is to be read in conjunction with all other U/S THIRD FLOOR CEILINGU/S THIRD FLOOR CEILING 83428342 Contract Documents. Contractor must verify all dimensions on the project site and report any discrepancies before proceeding with the work. The Contractor shall assume responsibility should the Contractor elect to proceed without reporting any discrepancies. Drawings are not to be scaled. 29822982 All work shall conform to the requirements of the Ontario Building Code (OBC) 2012, the Occupational Health and Safety Act, including any subsequent amendments and all other applicable Publications and Authorities having jurisdiction. T/O THIRD FLOORT/O THIRD FLOOR 53605360 U/S SECOND FLOOR CLG 241 U/S SECOND FLOOR CLG 241 51195119 N016 23622362 R2 R1 N001 T/O SECOND FLOORT/O SECOND FLOOR 27572757 U/S MAIN FLOOR CLG 241 U/S MAIN FLOOR CLG 241 25152515 12" 4" N051 N051 406406 171 25152515 x 24382134 T/O MAIN FLOORT/O MAIN FLOOR 00 762 x 457762 x 457762 x 457 961961 T/O GARAGE FLOORT/O GARAGE FLOOR -961-961 NORTH ELEVATION -NEW CONSTRUCTIONEAST ELEVATION -NEW CONSTRUCTION 12 A1A4A1A4 1 : 501 : 50 U/S THIRD FLOOR CEILINGU/S THIRD FLOOR CEILING 83428342 29822982 1245 x 775 T/O THIRD FLOORT/O THIRD FLOOR 53605360 241241 U/S SECOND FLOOR CLGU/S SECOND FLOOR CLG 51195119 23622362 N001 300 R1 PRELIMINARY NOT FOR CONSTRUCTION T/O SECOND FLOORT/O SECOND FLOOR 27572757 12" U/S MAIN FLOOR CLG 241 U/S MAIN FLOOR CLG 241 NOT FOR PERMIT 25152515 8" 12" 4"N051 988988 1029 x 610 N051 U/S NEW GARAGE CLGU/S NEW GARAGE CLG 15281528 406171 406 N001 0ISSUED FOR MINOR2023.03.30 15281528 VARIANCE No.DESCRIPTIONDATE ISSUE RECORD T/O MAIN FLOORT/O MAIN FLOOR 00 762 x 457 762 x 457 h11 design 961961 27 Yellow Birch Drive Kitchener, Ontario, N2N 2M1 T/O GARAGE FLOORT/O GARAGE FLOOR P: 519.404.2036 -961-961 E: h11.architecture@gmail.com PROJECT TITLE: GARAGE AND LAUNDRY ROOM RENOVATION SOUTH ELEVATION -NEW CONSTRUCTIONWEST ELEVATION -NEW CONSTRUCTION 34 17 BROCK STREET KITCHENER, ONTARIO A1A4A1A4 1 : 501 : 50 N2M 1X2 DRAWING TITLE: KEYNOTES ELEVATIONS-NEW TAGKEYNOTE CONSTRUCTION N001INFILL TO MATCH EXISTING ADJACENT EXTERIOR WALL ASSEMBLY. TIE IN ALL MEMBRANES AS REQUIRED. N016NEW 42" HIGH MIN. GUARDRAIL PER OBC 9.8.8. INSTALLED PER SB-7 REQUIREMENTS. DRN:JH N051NEW PRE-FINISHED METAL FASCIA, PERFORATED SOFFIT, EAVESTROUGH AND DOWNSPOUTS. DATE:2023-03-28 SCALE:1 : 50 PROJECT NO.DWG NO. 004 A4 April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Sheryl Rice Menezes, Planning Technician, 519-741-2200 ext. 7844 WARD(S) INVOLVED: 8 DATE OF REPORT: May 8, 2023 REPORT NO.: DSD-2023-218 SUBJECT: Minor Variance Application A2023-057 - 84 Maple Hill Drive RECOMMENDATION: Zoning By-law 2019-051 A. That Minor Variance Application A2023-057 for 84 Maple Hill Drive requesting relief from Section 5.4 f) of Zoning By-law 2019-051 to permit a driveway to have a width of 25.8 metres instead of the maximum permitted 8 metres to legalize an existing driveway, generally in accordance with the drawings prepared by MacKinnon & Associates, dated August 28, 2013, BE REFUSED. B. That Minor Variance Application A2023-057 for 84 Maple Hill Drive requesting relief from Section 5.4 f) of Zoning By-law 2019-051 to permit a driveway to have a width of 18.3 metres instead of the maximum permitted 8 metres to legalize an existing driveway, generally in accordance with the drawings prepared by MacKinnon & Associates, dated August 28, 2013, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to legalize the width of an existing driveway. The key finding of this report is that the requested minor variance does not meet all the four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received. Notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted on 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. Driveway width approx. 20 m Landscaping, concrete pillars, and fence encroaching onto City land. Driveway width 25.8 m Photo 1: Aerial view of property (2022) BACKGROUND: The subject property is located at the end of a cul-de-sac on Maple Hill Drive. It is identified as Community Area on Map 2 Urban Structure and is designated as Low Rise Residential on Map 3 Low Rise Residential One Zone (RES-1) in Zoning By-law 2019-051. In the Autumn of 2022, ian existing fence, landscaping, concrete posts, and driveway for the subject property were located on City lands (see Photo 1 above and street view photos below). Upon further review, it was determined that the widest part of the driveway within the property is 25.8 metres which exceeds the maximum width permitted (see Photo 1). In addition, the driveway width along the front lot line is approximately 20 metres, which also exceeds the maximum permitted width. Staff visited the site on April 28, 2023. History In January 2013, the owner received approval of Minor Variance Application A2013-002 to permit an increase in the maximum permitted building height and to permit a proposed drivewayto have a width of 18.3 metres instead of the maximum permitted (14.3 metres) which was as wide as the attached garage as permitted by previous Zoning By-law 85-1. (decision and drawing below). Proposed plan for 2013 variance (A2013-002) Subsequently, the driveway was not developed in accordance with the drawings that were submitted and considered as part of Minor Variance Application A2013-002. Zoning By-law, 2019-051, which permits a driveway to only be a maximum of 8 metres (Section 5.4 f), despite the width of the attached garage. Therefore, the current request for a driveway variance is to a different regulation than what was requested in 2013 under the previous by-law. As Minor Variance A2013-002 was to Zoning By-law 85-1 and the driveway was not developed in accordance with that decision, a Minor Variance would also be required to Zoning By-law 2019-051 to permit the previously approved 18.3 metres. REPORT: In considering the four tests for the minor variance 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 general intent of the Low Rise Residential designation places emphasis on compatibility of building form with respect to massing, scale, and design to successfully support integration of different housing types. Also placing emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. Most of the driveway is interior to the property and is not readily viewed from the street. Therefore, there is limited impact of that area of the property (see blue line on photo 1 above) on the streetscape view. However, as noted above, the driveway width along the front lot line is visible from the street and is approximately 20 metres in width which also exceeds the maximum permitted width of 8 metres for the property. Staff are of the opinion that the driveway variance does not meet the intent of the Official Plan regarding the relationship of the property to the adjacent streetscape and surrounding neighbourhood. Photo 2: Street view from right side of property General Intent of the Zoning By-law The general intent of the Zoning By-law regulation for the driveway width is to ensure that a driveway does not dominate the property nor the streetscape. For this property, the zoning by-law permits a maximum driveway width of 8 metres. The minor variance that was granted in 2013 permitted a driveway with of 14.3 metres which was deemed sufficient for accessing the 4-car garage. Exceeding both the 8-metre width and the width of 14.3 metres granted by A2013-002, results in a driveway that dominates the property and streetscape. Staff are of the opinion that the variance does not meet the intent of the Zoning By-law. Is the Effect of the Variance Minor? Although the 25.8 metre width is not entirely evident from the street, the 20 metres at the driveway entrance, property line, is visible from the street. As well, with the encroachment onto City lands, the driveway is divided by a landscaped island that in effect creates two driveway entrances for the property. Combined with the encroachment of the landscaping, concrete pillarsand fencing, the overall effect of the driveway variance is not minor. Photo 3: Street view from left side of property Is the Variance Desirable For the Appropriate Development or Use of the Land, Building and/or Structure? The maximum permitted driveway width in Zoning By-law 2019-051 is 8 metres. Minor Variance A2013-002 which granted relief to Zoning By-law 85-1 to permit a driveway width of 18.3 metres instead of 14.3 metres contemplated a sufficient-sized driveway that would be able to provide access to a 4-car garage. Exceeding these maximums creates a driveway that dominates the front yard and a portion of the side yard. Staff are of the opinion that the variance is not desirable and appropriate for the development of the property. Though staff are not in support of the variance to legalize the existing driveway width of 25.8 metres, should the committee consider legalizing the portion of the driveway as was originally approved in 2013, staff have no concerns. The original request to permit a driveway width of 18.3 metres met the four tests of the Planning Act at the time and continues to be supportable by staff. If considered, the variance under Zoning By-law 2019-051 would be to permit a driveway width of 18.3 metres instead of the maximum permitted 8 metres. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage 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 84 Maple Hill Drive is located within Westmount Gold Course 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: No objections to the proposed variance. Engineering Division Comments: No comments. Parks/Operation Division Comments: No concerns. Transportation Planning Comments: No concern with the proposed driveway width; however, Transportation Services does not support -of-way as it could impact any future works within the right-of-way. Landscaping features such as pillars, columns, etc. should be kept within private property. GRCA 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 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 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: A2013-002 Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 From: To:Committee of Adjustment (SM) Subject:Adjustment Written Feedback May 4th, 2023 Date:Thursday, May 4, 2023 11:26:20 AM Full Name: Craig Reynolds In my written submission, I would like to comment on multiple different applications to best provide feedback to the committee. A 2023-053 - 525 Erinbrook Drive IN SUPPORT I want to first voice my full and whole support of reducing the number of required parking spaces for this minor variance request. The city and region needs to focus on reducing the number of personal vehicles on the road and not everyone even has a need for one anyways. Personally I am against parking minimums as they are very unhelpful, and believe we as a community need to do more to reduce the parking required in our city. A 2023-055 - 152 Weber Street East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-057 - 84 Maple Hill Drive AGAINST This request for a minor variance is absolutely absurd and should not be approved. The property already has over 2X (Two times) the maximum permitted driveway size (Which is already excessive) and are now demanding to have over 3X (Three times) the maximumpermitted driveway size for what is a RESIDENTIALdriveway. This property is clearly a single family dwelling and if they are having issues with parking, they should consider downsizing the amount of vehicles they have. I have even taken the time to drive past this property, and am 100% certain that this property should be denied their application. As of May 4th, they had a massive empty driveway that allows them to pull a vehicle around with two exits, as well as a sign posted "Deliveries and Service Vehicles Park on Street" If they are not going to use their existing driveway for parking for themselves, visitors, or services, then this request for adjustment is simply absurd and should be immediately discarded. A 2023-058 - 202 Courtland Avenue East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-059 - 26 Louisa Street IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-060 - 20 Cameron Street North IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. Thank you for your time and consideration, -- Craig Reynolds Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planning Technician (Site Development) 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: April 25, 2023 REPORT NO.: DSD-2023-211 SUBJECT: Minor Variance Application A2023-058 202 Courtland Avenue East RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-058 for 202 Courtland Avenue East requesting relief from the following sections of Zoning By-law 85-1: i) Section 5.22 c) to permit a minimum lot width of 12.3 metres instead of the minimum required lot width of 13.1 metres; and ii) Section 5.22 j) to permit a rear yard setback for an Additional Dwelling Unit (ADU) (Detached) of 0.46 metres instead of the minimum required rear yard setback of 0.6 metres; to facilitate the conversion of an existing detached garage and workshop to an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, in accordance with drawings prepared by Tri City Builders, Project Number 23-02, submitted with Minor Variance Application A2023-058, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of minor variances to facilitate the conversion of existing detached garage and workshop to an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. 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 a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the 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 located north of Stirling Avenue South on Courtland Avenue East. It currently contains a two-storey single detached dwelling with one Additional Dwelling Unit (ADU) (Attached), a duplex, and a detached garage and workshop accessory structure in the rear yard. The subject property is identified as a Major Transit Station Area Urban Structure and Low Rise Conservation12 of the Secondary Plan of 1994 Official Plan. Residential Five Zone (R-5)-law 85-1. Figure 1: Aerial view of the subject property Figure 2: The subject property on the Zoning map The applicant intends to convert the rear yard's detached garage and workshop accessory structure, which is 69.8 square metres in area, into an Additional Dwelling Unit (ADU) (Detached). The following minor variances are required. A lot width of 12.3 metres instead of the required minimum lot width of 13.1 metres A rear yard setback for the Additional Dwelling Unit (ADU) (Detached) of 0.46 metres instead of the minimum required rear yard setback of 0.6 metres. Figure 3: Draft Site Plan th City Planning staff conducted a site visit on April 282022 Figure 4: The front view of the existing house Figure 5: The rear view of the existing showing the lot width house and the entrance to the current additional dwelling unit (attached) Figure 6: The existing garage/ workshop that Figure 7: A picture showing the roof will be converted to an additional dwelling unit projection over the closest rear yard setback Figure 8: The rear yard parking area Figure 9: The remaining part of the rear yard from the right side REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated as Low Rise ConservationMill Courtland Woodside Park Secondary Plan (Map 12) in the 1994 Official Plan. The intent of the Low Rise Conservation designation is to retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increases by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to single detached dwellings, semi- detached dwellings, duplex dwellings, and multiple dwellings to a maximum of three dwelling units. The requested variances will maintain the intent of the Official Plan. General Intent of the Zoning By-law The intent of the lot width regulation is to ensure that ADUs are constructed on properties with an appropriate area in order to provide a sufficient amount of amenity space, fire emergency access, and the required parking. The subject property is very large in lot area due to its irregular shape, being 1,002.4 square metres in lot area. The lot area exceeds the minimum required and provides lots of room for the amenity space, emergency access and the required parking. The required 0.6 metres rear yard setback for Additional Dwelling Units (Detached) is intended to ensure adequate separation from abutting properties and maintenance access. A deficiency of 0.14 metres is not discernible, and access to the north side wall will still be provided from each side as the 0.46 metres is from the closest portion of the wall to the lot line. Staff note that the existing structure does not abut any structures on the neighbouring property and that the renovation to convert it to an ADU removes all the windows from the north side wall; therefore, an adequate level of separation and privacy will be maintained. Staff also indicates that encroachment over the lot line is not permitted. Staff is of the opinion that the requested variances meet the intent of the zoning by-law. Is/Are the Effects of the Variance(s) Minor? The requested variance to facilitate the conversion of a detached garage into an additional Dwelling Unit, on a lot with a width of 12.3 metres, instead of 13.1 metres is considered minor as the structure already exists and will not be increasing the building footprint through the renovations. The requested variance is only 0.80 metres, while the lot area exceeds the minimum lot area requirement by 607.45 square metres. The request variance for the rear yard setback of the additional dwelling unit is also considered minor as it is deficient by only 0.14 metres. It is an existing setback and will not adversely impact the adjacent properties or neighbourhood. Staff is of the opinion that the effects of the variances will be minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The planning staff is of the opinion that the proposed variances are desirable and appropriate as they will facilitate a form of gentle intensification of the subject property with the development of an additional dwelling within the existing detached garage/accessory structure. The structure and new use are compatible with the neighbourhood and will make use of existing infrastructure. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: 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 Courtland Avenue East is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill / Schneider Creek area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Building Division Comments: The Building Division has no objections to the proposed variance, provided a building permit to convert the garage structure into an ADU unit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Ministry of Transportation Operations (MTO) Comments: MTO has no requirements. Regional Comments: No Concerns for the application. The applicants are advised that a future development application on the subject lands may require approximately 4.0 metres (up to 13.106 metres from the road centerline) of dedicated road widening. Any additional dwelling units/building elements should be located accordingly to avoid any encroachment on Regional road right-of-way in future Grand River Conservation Authority (GRCA) comments: 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, 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: 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 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 (1994/2014) - Mill Courtland Woodside Park Secondary Plan Zoning By-law 85-1 April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 From: To:Committee of Adjustment (SM) Subject:Adjustment Written Feedback May 4th, 2023 Date:Thursday, May 4, 2023 11:26:20 AM Full Name: Craig Reynolds In my written submission, I would like to comment on multiple different applications to best provide feedback to the committee. A 2023-053 - 525 Erinbrook Drive IN SUPPORT I want to first voice my full and whole support of reducing the number of required parking spaces for this minor variance request. The city and region needs to focus on reducing the number of personal vehicles on the road and not everyone even has a need for one anyways. Personally I am against parking minimums as they are very unhelpful, and believe we as a community need to do more to reduce the parking required in our city. A 2023-055 - 152 Weber Street East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-057 - 84 Maple Hill Drive AGAINST This request for a minor variance is absolutely absurd and should not be approved. The property already has over 2X (Two times) the maximum permitted driveway size (Which is already excessive) and are now demanding to have over 3X (Three times) the maximumpermitted driveway size for what is a RESIDENTIALdriveway. This property is clearly a single family dwelling and if they are having issues with parking, they should consider downsizing the amount of vehicles they have. I have even taken the time to drive past this property, and am 100% certain that this property should be denied their application. As of May 4th, they had a massive empty driveway that allows them to pull a vehicle around with two exits, as well as a sign posted "Deliveries and Service Vehicles Park on Street" If they are not going to use their existing driveway for parking for themselves, visitors, or services, then this request for adjustment is simply absurd and should be immediately discarded. A 2023-058 - 202 Courtland Avenue East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-059 - 26 Louisa Street IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-060 - 20 Cameron Street North IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. Thank you for your time and consideration, -- Craig Reynolds Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 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 10 DATE OF REPORT: May 3, 2023 REPORT NO.: DSD-2023-201 SUBJECT: Minor Variance Application A2023-059 26 Louisa Street RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-059 for 26 Louisa Street requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 to permit the required parking space to be located 0.5 metres from the street (property) line instead of the minimum required 6 metres to facilitate the conversion of the existing attached garage into living space, in accordance with the Site Sketch, prepared by Catalyst General Contracting, dated December 2022, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to permit the required parking space to be located 0.5 metres from the street (property) line instead of the minimum required 6 metres to facilitate the conversion of the existing attached garage into living space. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Louisa Street, within the Mount Hope Huron Park Neighbourhood. The surrounding context of the subject property is primarily comprised of low rise residential and mixed use. Major Transit Station Area Urban Structure and is Low Rise Conservation18 KW-Hospital Land Use in the KW-Hospital Secondary Plan 1994 Official Plan. Residential Five Zone (R-5-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The purpose of the application is to permit the required parking space to be located 0.5 metres from the street (property) line instead of the minimum required 6 metres to facilitate the conversion of the existing attached garage into living space. City Planning staff conducted a site inspection on April 19, 2023. Figure 1: Location Map: 26 Louisa Street Figure 2: Front View of 26 Louisa Street Figure 3: Site Sketch with Driveway Dimensions 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 Urban Structure and KW-Hospital Neighbourhood Plan for Land Use, as loca low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings to a maximum of three units, small lodging houses, small residential care facilities, home businesses and private home day care. An existing single detached dwelling and driveway currently exist on the subject property. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 6 metre setback from the street line for the first required off-street parking space in Zoning By-law 85-1 is to ensure that a vehicle can be safely parked without impacting City and public right-of-ways, or access for the surrounding properties. The required setback also ensures clear visibility lines when exiting the driveway. With the conversion of the garage space to living space, the property will still be able to function appropriately and accommodate the one (1) required parking space. Given the rather large right-of-way, the required parking space is setback approximately the length of a vehicle from the sidewalk. Staff are of the opinion that the requested meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variance is considered minor as the required off-street parking space can be accommodated with the existing driveway, setback 0.5 metres from the street line, in a safe manner. The property will still be able to provide the required parking space. There are no anticipated impacts to the pedestrian right-of-way or to neighbouring properties with the reduced setback of the required parking. Staff are of the opinion that the requested variance is minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance is desirable and appropriate as it will permit the conversion of the attached n, while still being able to accommodate the required parking on the subject property. Environmental Planning Comments: No concerns. Heritage Planning Comments: There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 26 Louisa 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 to convert the garage into liveable space 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: There are existing City-owned trees on Louisa Street that may be impacted by the proposed development and suitable arrangements including the submission and approval of a Tree Protection and Enhancement Plan showing full protection for existing trees; an ISA valuation of City-owned trees and any required securities or compensation for removed trees will be required to the satisfaction of Parks and Cemeteries prior to the issuance of a Building Permit. Planning Comments: The applicant is not proposing any alterations/changes to the existing driveway. The required parking space is proposed to be relocated from the attached garage to the existing driveway. Any widening of a driveway is not possible given the adjacent property and the location of a fire hydrant in the right-of-way to the left of the driveway. This condition is not necessary to add. Transportation Planning Comments: No concerns. Metrolinx Metrolinx is in receipt of the minor variance application for 26 Louisa St to construct one storey addition. 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. 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: Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. 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. Planning Comments: The residential use of the property and attached garage are existing. The applicant is proposing to convert existing garage floor area to living area and requires the minor variance to locate the required parking space in the driveway rather than in the attached garage. 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 (1994/2014) - KW-Hospital Secondary Plan Zoning By-law 85-1 ATTACHMENTS: Attachment A Site Survey Attachment B Floor Plans Attachment C Elevation Drawings too 661204 COO(tNST. NO SET) STREET ) TRAVELLED ( (ESTABLISHED 376 151 R PL. I-ANE NW ANGLE LOT 372, R.PL376 *45' a W ND. 9$.80NST.tOS.455981 (INST 661204) N 65 0 5 0 27 'E 27' )E(MEAS.) 98.'31(MEAS.) '.00{lNST a SET) NO 661204 53131 FENCE LINK 0 NO@1204) INST 45'W( S65 1 (MEAS.) 2.15 .556211) NO (INST 2.00 tn to 2 PART 1 = PART 60 I-OT 4SEUNST.NO.661204) 800 BET) CEU-ÄR Il NO.55 (INST. 1 1 .00 ENTRANCE7 NTRANCE7 CELLAR STOREY F RAME SECTION POROI *71.0 _ld.9 STOREY HOJSE BRICK STOREY 30 HOUSE NO. BRICK 26 NO, 4.5 PORCY COVERED CffEREDPORCH 451.0? SET) a 661204 NO. I'.OO(INST 52.09 97109k w 1 ONSTN( .8 0 30'E 98 65 N (INST.NOG61204) 'E 376) PL R. BY ESTABLISHED ( STREET) STYX ORIGINALLY ( PROJECT NORTHACTUAL NORTH NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: EXISTING BASEMENT FLOOR PLAN scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 1.0 D.G. project no.: 1635-22 PROJECT NORTHACTUAL NORTH NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: PROPOSED BASEMENT FLOOR PLAN scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 1.1 D.G. project no.: 1635-22 PROJECT NORTHACTUAL NORTH NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: EXISTING MAIN FLOOR PLAN scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 1.2 D.G. project no.: 1635-22 PROJECT NORTHACTUAL NORTH NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: PROPOSED MAIN FLOOR PLAN scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 1.3 D.G. project no.: 1635-22 PROJECT NORTHACTUAL NORTH NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: EXISTING SECOND FLOOR PLAN scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 1.4 D.G. project no.: 1635-22 PROJECT NORTHACTUAL NORTH NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: PROPOSED SECOND FLOOR PLAN scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 1.5 D.G. project no.: 1635-22 PROJECT NORTHACTUAL NORTH NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: LOFT FLOOR PLAN scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 1.6 D.G. project no.: 1635-22 NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: ELEVATIONS scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 2.0 D.G. project no.: 1635-22 NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: ELEVATIONS scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 2.1 D.G. project no.: 1635-22 NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: ELEVATIONS scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 2.2 D.G. project no.: 1635-22 NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: ELEVATIONS scale: sheet: 3/16" = 1'-0" date: DEC 2022 drawn by: 2.3 D.G. project no.: 1635-22 NOTES: 1.ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS, NOTES, SITE CONDITIONS AND REPORT ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF THE WORK. 2.THIS DRAWING IS NOT TO BE SCALED. 3.ALL DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF DESIGNWORKS. 4.REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT. 5.DIMENSIONS ARE TAKEN TO OUTSIDE FACE OF WOOD STUD OR FOUNDATION WALL OR CENTERLINE OF PIERS OR FACE OF EXISTING WALLS. MAR 31 ISSUED FOR MINOR VARIANCE A 2023 design kitchener, ontario 519.575.1655 darrell@dworks.ca www.dworks.ca client: 1687 SNYDER'S ROAD EAST PETERSBURG, ONTARIO project: MAIN FLOOR ADDITION 26 LOUISA STREET KITCHENER, ONTARIO sheet title: SECTION scale: sheet: 1/2" = 1'-0" date: DEC 2022 drawn by: 3.0 D.G. project no.: 1635-22 April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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:development.coordinator To:Committee of Adjustment (SM) Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - May 16, 2023 Meeting Date:Wednesday, April 26, 2023 3:28:38 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png image010.png Good afternoon, Please find below Metrolinx's comments and form of easement attached for the May 16, 2023 Committee of Adjustment Agenda for City of Kitchener. 26 Louisa St: Metrolinx isinreceiptoftheminorvarianceapplicationfor26LouisaSt to construct one storey addition. Metrolinx’s commentsonthesubjectapplicationarenotedbelow: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchcner GO Train service. 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: Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. 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. Regards, Tara Kamal Ahmadi Tara Kamal Ahmadi Junior Analyst Third Party Projects Review, Capital Projects Group Metrolinx | 20 Bay Street | Suite 600 | Toronto | Ontario | M5J 2W3 From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: April 21, 2023 10:24 AM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - May 16, 2023 Meeting EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe. EXPÉDITEUR EXTERNE: Ne cliquez sur aucun lien et n’ouvrez aucune pièce jointe à moins qu’ils ne proviennent d’un expéditeur fiable, ou que vous ayez l'assurance que le contenu provient d'une source sûre. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, May 16, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to CofA@kitchener.ca no later than 12 noon on Monday, May 1, 2023. If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Alison Fox (she/her) Administrative Clerk | Legislated Services | City of Kitchener 519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca Thise-mailisintendedonlyforthepersonorentitytowhichitisaddressed.Ifyoureceived thisinerror,pleasecontactthesenderanddeleteallcopiesofthee-mailtogetherwithany attachments. From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 From: To:Committee of Adjustment (SM) Subject:Adjustment Written Feedback May 4th, 2023 Date:Thursday, May 4, 2023 11:26:20 AM Full Name: Craig Reynolds In my written submission, I would like to comment on multiple different applications to best provide feedback to the committee. A 2023-053 - 525 Erinbrook Drive IN SUPPORT I want to first voice my full and whole support of reducing the number of required parking spaces for this minor variance request. The city and region needs to focus on reducing the number of personal vehicles on the road and not everyone even has a need for one anyways. Personally I am against parking minimums as they are very unhelpful, and believe we as a community need to do more to reduce the parking required in our city. A 2023-055 - 152 Weber Street East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-057 - 84 Maple Hill Drive AGAINST This request for a minor variance is absolutely absurd and should not be approved. The property already has over 2X (Two times) the maximum permitted driveway size (Which is already excessive) and are now demanding to have over 3X (Three times) the maximumpermitted driveway size for what is a RESIDENTIALdriveway. This property is clearly a single family dwelling and if they are having issues with parking, they should consider downsizing the amount of vehicles they have. I have even taken the time to drive past this property, and am 100% certain that this property should be denied their application. As of May 4th, they had a massive empty driveway that allows them to pull a vehicle around with two exits, as well as a sign posted "Deliveries and Service Vehicles Park on Street" If they are not going to use their existing driveway for parking for themselves, visitors, or services, then this request for adjustment is simply absurd and should be immediately discarded. A 2023-058 - 202 Courtland Avenue East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-059 - 26 Louisa Street IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-060 - 20 Cameron Street North IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. Thank you for your time and consideration, -- Craig Reynolds Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planning Technician (Site Development) 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward (10) DATE OF REPORT: April 25, 2023 REPORT NO.: DSD-2023-204 SUBJECT: Minor Variance Application A2023-060 20 Cameron Street North RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-060 for 20 Cameron Street North requesting relief from the following sections of Zoning By-law 85-1: i) Section 5.22 c) to allow for a lot width of 12.19 metres instead of the minimum required lot width of 13.1 metres; ii) Section 39.2.1 to allow for a side yard setback of 1.15 metres from the left side lot line instead of the minimum required 1.2 metres; and iii) Section 39.2.1 to allow for a side yard setback of 2.6 metres from the right side lot line, where the driveway leads to a required parking space, instead of the minimum required 3.0 metres; to facilitate an Additional Dwelling Unit (ADU) (Attached) to the existing Single Detached Dwelling with an Additional Dwelling Unit (Attached) (Duplex) to have a building with three (3) dwelling units in total, generally in accordance with drawings prepared by Ryan Joseph Walter, dated April 6, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review minor variances to permit a building with 3 dwelling units in total on the subject property. 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 a notice sign being placed on the property advising that a Committee of Adjustment application has been received, a notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the 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 located south of Weber Street East and east of Cedar Street North. It currently contains a two-storey single detached dwelling with one (1)Additional Dwelling Unit (ADU) (Attached), a duplex, and a rear yard accessory structure used as storage. The subject property is identified as a Major Transit Station Area 2 Urban Structure and Low Rise Conservation10 - King Street East Neighbourhood Plan for Land Use - Secondary Plan in the 1994 Official Plan. Residential Five Zone (R-5-law 85-1. Figure 1: Location on the zoning map Figure 2: Arial image of the subject property The applicant would like to add one (1) Additional Dwelling Unit (ADU) (Attached) to an existing duplex. Three (3) parking spaces are proposed to be located in the rear yard. Minor variances are required to permit a reduced lot width and side yard setbacks, on both sides of the dwelling, as they do not meet the minimum required in the Zoning By-law. To permit minimum lot width of 12.1 metres instead of 13.1 metres required. To permit a side yard setback of 1.15 metres instead of the minimum required 1.2 metres and 2.6 metres on the side of the dwelling where the driveway leads to the parking spaces instead of minimum required 3.0 metres. Figure 3: Building Location Survey and Parking Plan th Planning staff conducted a site inspection on Friday, April 28, 2023 Figure 4: Front view of the house Figure 5: Side of the house showing the setback where the driveway leads to the rear yard Figure 6: The rear yard with the parking lot Figure 7: Rear view of the house and the accessory structure Figure 8: Rear view of the house with the side yard driveway and parking 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, the Planning staff offers the following comments: General Intent of the Official Plan in the King Street East Neighbourhood Secondary Plan in the 1994 Official Plan. The intent of this designation is to retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increases by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings to a maximum of three dwelling units, small lodging houses, small residential care facilities, home businesses and private home daycare. Staff is the opinion that the requested variances will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The lot width regulation intends to ensure the use has sufficient amenity space, landscaped area, fire emergency access and parking. The subject property has a lot area of 519.2 square metres which is 124.2 square metres greater than the minimum required 395 square metres. The additional lot area supports the use of the property for a building with 3 dwelling units while providing sufficient amenity, landscaped and parking areas. The intent of the minimum side yard setback of 1.2 metres is to ensure that the dwelling has sufficient separation from abutting properties and to provide access to the rear yard. The existing 1.15 metres side yard setback will ensure the same intent as the difference is only 0.05 metres. The intent of the 3.0 metres side yard setback where there is a driveway that leads to the required parking is to ensure that the driveway width allows the vehicles to access the required parking spaces. The existing side yard of 2.6 metres is the width of a required parking space in the zoning by-law and will support access to the required parking. Transportation Services did not have any concerns with this width of driveway. Based on the above, staff is of the opinion that the general intent of the zoning by-law is being maintained. Is/Are the Effects of the Variance(s) Minor? The existing property is only 0.91 metres less than the required lot width. The difference in the required side yards is only 0.05 metres on one side and 0.40 metres on the other side which setbacks will still meet the intent of the zoning by-law with respect to function.TheAdditional Dwelling Unit (ADU)(Attached) is proposed to be accommodated within the existing building and on an existing lot. As the built form and general appearance of the property and building will be maintained, the effects of the variances to facilitate an additional dwelling unit are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance to allow a reduction in lot width and side yard setbacks are desirable and appropriate as Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 20 Cameron Street North is located within the Central Frederick 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 change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo: No comments. Ministry of Transportation Operations (MTO) Comments: MTO has no requirement. Grand River Conservation Authority (GRCA) comments: 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, 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 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 mailing 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 (1994) King Street East Secondary Plan Zoning By-law 85-1 April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 From: To:Committee of Adjustment (SM) Subject:Adjustment Written Feedback May 4th, 2023 Date:Thursday, May 4, 2023 11:26:20 AM Full Name: Craig Reynolds In my written submission, I would like to comment on multiple different applications to best provide feedback to the committee. A 2023-053 - 525 Erinbrook Drive IN SUPPORT I want to first voice my full and whole support of reducing the number of required parking spaces for this minor variance request. The city and region needs to focus on reducing the number of personal vehicles on the road and not everyone even has a need for one anyways. Personally I am against parking minimums as they are very unhelpful, and believe we as a community need to do more to reduce the parking required in our city. A 2023-055 - 152 Weber Street East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-057 - 84 Maple Hill Drive AGAINST This request for a minor variance is absolutely absurd and should not be approved. The property already has over 2X (Two times) the maximum permitted driveway size (Which is already excessive) and are now demanding to have over 3X (Three times) the maximumpermitted driveway size for what is a RESIDENTIALdriveway. This property is clearly a single family dwelling and if they are having issues with parking, they should consider downsizing the amount of vehicles they have. I have even taken the time to drive past this property, and am 100% certain that this property should be denied their application. As of May 4th, they had a massive empty driveway that allows them to pull a vehicle around with two exits, as well as a sign posted "Deliveries and Service Vehicles Park on Street" If they are not going to use their existing driveway for parking for themselves, visitors, or services, then this request for adjustment is simply absurd and should be immediately discarded. A 2023-058 - 202 Courtland Avenue East IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-059 - 26 Louisa Street IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. A 2023-060 - 20 Cameron Street North IN SUPPORT We are in the middle of a housing crisis and should be fixing our zoning to better support mixed-use/density in our city. I am in favour of a variance change to support the construction/allowance of more housing. Thank you for your time and consideration, -- Craig Reynolds Staff Report Development Services Departmentwww.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: May 2, 2023 REPORT NO.: DSD-2023-220 SUBJECT: Minor Variance Application A2023-061 231 Arnold Street RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-061 for 231 Arnold Street requesting relief from Section 20.3.1 of Zoning By-law 85-1 to permit a rear yard setback of 7.6 metres instead of the minimum required 14 metres to recognize the location of an addition at the rear of an existing warehouse building, in accordance with Site Plan Application SP23/027/A/TZ, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to permit a reduced rear yard setback to recognize the location of an existing warehouse building at 231 Arnold Street. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the ce of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located in the North Ward neighbourhood east of the intersection of Maple Avenue and Arnold Street. The subject property Map 2 North Ward - By-law 85-1. The purpose of the report is to review a minor variance application to permit a rear yard setback of 7.6 metres rather than the required 14 metres, for lots abutting a residential zone, to recognize a small addition that was constructed at the rear of the existing warehouse building. It appears that the rear yard addition has existed since the . A *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. site plan application, File SP23/027/A/TZ, has been submitted for the additionanditis currently under review with Planning staff. Figure 1: Site location of 231 Arnold Street Figure 2: Draft Site Plan Dark grey indicates proposed addition City staff conducted a site visit on April 28th, 2023. Figure 3: Front view of subject property Figure 4: Side view of property with visual of the rear addition 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 general intent of the Official Plan is to recognize and provide for the continued operation of the existing industrial operations located within the General Industrial designation as well as recognizing their historical development in their present locations, their importance in terms of employment opportunities, and their importance to the local economy. Staff is of the opinion that the rear addition meets the general intent of the Official Plan by supporting of the existing industrial operation. General Intent of the Zoning By-law The general intent of the minimum rear yard setback requirement of 14 metres in Section 20.3.1 of the Zoning By-law 85-1 is to protect residential properties from any adverse effects of industrial uses. The subject property has been functioning with an industrial use since March of 1975. The proposed addition is currently existingand does not extend further into the rear yard than the existing rear wall of the warehouse building. Staff is of the opinion that the rear addition meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variance is considered minor as the addition maintains the established setback of the existing industrial building which has existed since 1975. The applicant is also proposing to install a new 1.8-metre-high wood privacy fence, a visual barrier, in the interest of the abutting residential property. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate as it will recognize the location of the addition and allow its continued use for industrial purposes Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the warehouse is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. 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 ce 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 ng 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 (1994) North Ward Secondary Plan Zoning By-law 85-1 April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Richard, Kelly-Ruetz, Senior Planner, 519-741-2200 ext. 7110 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: April 28, 2023 REPORT NO.: DSD-2023-212 SUBJECT: Minor Variance Application A2023-062 27 Sunbridge Crescent RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-062 for 27 Sunbridge Crescent requesting relief from the following sections of Zoning By-law 85-1: i) Section 34.3.2 to permit a single detached dwelling to be constructed on a lot having a lot width of 38.5 metres instead of the minimum required 60 metres; ii) Section 34.3.2 to permit a single detached dwelling to be constructed on a lot having a maximum lot area of 3.68 hectares instead of a maximum lot area of 1.2 hectares; and iii) Section 34.3.2 to permit a detached accessory structure to have a side yard setback of 5.2 metres instead of the minimum required side yard of 7.5 metres; to facilitate the construction of a single detached dwelling and accessory structure generally in accordance with the building layout on the topographic sketch, prepared by J.D. Barnes Limited, dated April 17, 2023, and the building drawings prepared by Country Lane Builders, dated March 20, 2023, BE APPROVED subject to the following condition: 1. That a 5-metre-wide easement be secured on title of the property, in favour of the City of Kitchener, for the purposes of drainage, as shown on the Topographic Sketch submitted with the application, prepared by J.D. Barnes Limited, dated April 17, 2023 and attached as Attachment A. REPORT HIGHLIGHTS: The purpose of this report is to consider minor variances to support the proposed construction of a single detached dwelling and accessory structure (a shed) at 27 Sunbridge Crescent. The key finding of this report is that the four tests of a minor variance are met and that staff is recommending approval of the report, with a condition to register an easement in favour of the City to facilitate drainage on the subject property. There are no financial implications. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the This report supports the delivery of core services. BACKGROUND: The subject property is 3.68 hectares in area and located in the Bridgeport North planning community. The property is vacant and contains natural features including a woodland and wetland. The property is within the regulated area of the Grand River Conservation Authority (GRCA) as it contains a wetland and is partially within the floodplain of the Grand River. Location Map of Subject Property Community Area on Map 2 Urban Structure Low Rise Residential on Map 3 Land Use. In Zoning By-law 85-1, the property is split-zoned: The portion fronting Sunbridge Crescent Agricultural Zone (A-1. The middle portion of the property located outside of the wetland and floodplain is zoned Agricultural Zone (A-1) with Special Regulation Provision 1. T-. Photo of Subject Property from Sunbridge Crescent The subject property is not yet included in new Zoning By-law 2019-051 because Council deferred including this property in the new zoning by-law until technical studies could be completed which would delineate the developable and non-developable portions of the property. The technical studies have been completed as part of this minor variance application; it is anticipated that the subject property will be brought into the new zoning by-law during a future update. The purpose of the application is to facilitate the construction of a single detached dwelling and detached accessory structure (a shed). Minor variances are needed as the lot width, lot area, and side yard setback differ from the requirements of the Agricultural Zone (A-1). Prior to supporting construction of a new dwelling on the subject property there were two key areas to explore: The extent of protected natural features on the property including the Regionally Significant Woodland, wetland, and floodplain. Recommendations for mitigation and protection of the natural features were not yet known. Addressing drainage flows through Sunbridge Crescent over the subject property and ensuring that existing flows are generally maintained. To respond to these issues and to support the application, the applicant submitted the following: Scoped Environmental Impact Study (EIS) prepared by Natural Resource Solutions Inc. dated March 2023. The EIS assessed the impacts of the proposed development on the mitigation measures to protect the natural features over the long-term. An addendum to the EIS was submitted on March 28, 2023, to clarify drainage patterns on the subject property. Stormwater Management Report prepared by K. Smart Associates Limited dated April 18, 2023.The study confirmed that existing general drainage patterns will be maintained, supported by regrading an existing road drainage swale, a new laneway culvert, and a new swale within an easement in favour of the City of Kitchener. Stormwater will flow east towards the Grand River. Water & Storm Servicing Plan prepared by K. Smart Associates Limited dated March 28, 2023. The plan shows the proposed approach to drainage and water servicing. Topographic Sketch prepared by J.D. Barnes Limited dated April 17, 2023. The sketch shows the grading of the property and the footprint of the proposed construction. Building drawings prepared by Country Lane Builders dated March 20, 2023. These drawings show the floor plans and elevations of the proposed single detached dwelling and accessory structure (shed). Staff from agencies including the City of Kitchener, Region of Waterloo, and GRCA have reviewed each of the above submissions and confirmed that all requirements have been satisfied for the purposes of supporting the minor variance application. As such, the applicant is proceeding with the minor variance application to permit the development of a single detached dwelling and detached accessory structure (shed). REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The Subject Property Low Rise Residential on Map 3 Land Use. The general intent of the Natural Heritage Conservation designation is to protect and/or conserve natural heritage features and their ecological functions. The intent of the Low Rise Residential designation is to accommodate a variety of low-density residential uses. Staff is satisfied that the general intent of both designations is maintained with the requested variances. An Environmental Impact Study was completed to ensure the natural heritage features are protected on the property, and the proposed development of a single detached dwelling is in keeping with the range of uses contemplated by the Low Rise Residential designation. The variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The requested variance to permit a single detached dwelling to be constructed on a lot with a minimum lot width of 38.56 metres rather than the required minimum of 60 metres meets the general intent of the Zoning By-law. The purpose of the minimum lot width of 60 metres is to ensure that A- 1 lots are large in size, which is in keeping with the general lot fabric of dwellings in this zone. The Subject Property is pie-shaped and the majority of the lot is well over 80 metres in width. Lot width is measured at the required front yard setback (10 metres in the A-1 zone) and because the lot is narrower at the front, it is for this reason that the minimum lot width is not met. As most of the lot is significantly wider than the minimum of 60 metres, staff is satisfied that the general intent of the Zoning By-law is maintained. Staff notes that it is anticipated that the Subject Property will be brought from the A-1 zone of Zoning By-law 85-1 to the RES-1 zone of Zoning By-law 2019-051, which has a minimum lot width of 24 metres. The requested variance to permit a single detached dwelling to be constructed on a lot with a maximum lot area of 3.68 hectares rather than the required maximum lot area of 1.2 hectares meets the general intent of the Zoning By-law. The purpose of the maximum lot area of 1.2 hectares is to limit the maximum lot size of A-1 lots with a Single Detached Dwelling to theoretically preserve the remnant land for agricultural purposes. The Subject Property is not currently used for agricultural and a significant portion of the property contains non-developable natural features. As such, there is no concern with exceeding the maximum lot area of 1.2 hectares. Staff is satisfied that the general intent of the Zoning By-law is met. The requested variance to permit a detached accessory structure to be constructed with a side yard setback of 5.2 metres rather than the required 7.5 metres meets the general intent of the Zoning By- law. The purpose of the 7.5 metre side yard setback is to maintain a generous setback between structures and property lines on lots zoned A-1 which are typically larger in size. The proposed 5.2 metre setback is for a detached structure that is smaller than the single detached dwelling. The single detached dwelling meets the required setbacks. A 5.2 metre setback for a detached structure on this lot is reasonable and maintains a large side yard setback for the structure. Is/Are the Effects of the Variance(s) Minor? The variances can be considered minor as the reduced lot width, increased maximum lot area, and side yard setback for a detached structure will not present any significant impacts to the subject property, adjacent properties, or the overall neighbourhood. The proposed development is in keeping with the existing context on the surrounding lots which generally contain estate-sized lots with single detached dwellings and accessory structures. Staff is satisfied that the effects of the variances are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable for the appropriate development of the land. The proposal has been studied through the Environmental Impact Study and Stormwater Management Report to ensure and a stormwater management approach will address drainage, including a proposed 5 metre easement on the Subject Property in favour of the City of Kitchener to facilitate drainage. A condition has been added to register the easement on the property prior to obtaining a Building Permit. Topographic plan of Subject Property; 5 metre easement shown on north edge of property The EIS included several mitigation measures which the owner has agreed to implement, including installing tree protection fencing prior to construction, minimizing the use of salt during the winter months, avoiding the use of non-native / invasive species, and avoid the creation of new walking paths through the natural area. Staff also notes the applicant is in the process of obtaining a GRCA permit; the GRCA has noted they are in a position to approve the permit. As such, staff is satisfied that the variance is appropriate for the development of the land as it will facilitate a dwelling and accessory structure while respecting existing natural features and generally maintaining existing drainage patterns. Environmental Planning Comments: Staff have reviewed the Environmental Impact Study (NRSI, March 2023) submitted in support of features as illustrated in the EIS on Map 3 has been confirmed with the applicable agency (i.e., Region of Waterloo and GRCA). Section 7.0, Impact Analysis and Recommendations, in the EIS itigation, Protection, -impose. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Engineering has reviewed and approved the plans submitted with the application and have no concerns, provided a 5.0metredrainage easement for road runoffis secured in favour of the City of Kitchener. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Grand River Conservation Authority Comments (GRCA): Staff have reviewed the following documents submitted with this application: Environmental Impact Study (NRSI, March 2023) Stormwater Management Report (K Smart, April 2023) Topographic Survey (JD Barnes, revised March 24, 2023) Servicing Plan (K Smart, revised April 18, 2023) Floor Plans (Country Lane, revised March 20, 2023) The GRCA has reviewed this application under Ontario Regulation 686/21, acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as well as in accordance with Ontario Regulation 150/06 and GRC Information currently available at our office indicates that the subject lands contain the Grand River, its associated floodplain, and part of the Provincially Significant Melitzer Creek Wetland Complex. GRCA has received a permit application (45/23) for this proposed residence. The applicant required additional items to process the application: a final environmental impact study, topographic survey, and grading plan. The GRCA is now in receipt of those items, and we are in a position to approve the permit. Therefore, we have no objections to the minor variance. 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 ATTACHMENTS: Attachment A Topographic Sketch Attachment B Building Drawings April 21, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 053 525 Erinbrook Drive No Concerns. 2) A 2023 - 054 133 Manitou Drive No Concerns. 3) A 2023 - 055 152 Weber Street East No Concerns to the application. However, the applicants are advised that the existing building is partially encroaching into Regional road right-of-way. A future development application may require road widening and/or encroachment agreement. 4) A 2023 - 056 17 Brock Street No Concerns. 5) A 2023 057 84 Maple Hill Drive No Concerns. 6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application. The applicants are advised that a future development application on the subject lands may require roughly 4.0m (up to 13.106m from the road centreline) of dedicated road widening. The any additional dwelling units / building elements should be located accordingly to avoid any encroachment into Regional road right-of-way in future. 7) A 2023 - 059 26 Louisa Street No Concerns. 8) A 2023 - 060 20 Cameron Street North No Concerns. 9) A 2023 - 061 231 Arnold Street No Concerns. 10) A 2023 - 062 27 Sunbridge Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ tğŭĻ Њ ƚŅ Ћ 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA@Kitchener.ca 2 April 24, 2023 Committee of Adjustment City of Kitchener 200 King Street West Kitchener ON N2G 4V6 CofA@kitchener.ca Re: Minor Variance Application A2023-062 27 Sunbridge Crescent, Kitchener Dave Baker Grand River Conservation Authority (GRCA) staff have reviewed the above-noted application for a single-detached dwelling. Recommendation The GRCA has no objection to the application. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: Environmental Impact Study (NRSI, March 2023) Stormwater Management Report (K Smart, April 2023) Topographic Survey (JD Barnes, revised March 24, 2023) Servicing Plan (K Smart, revised April 18, 2023) Floor Plans (Country Lane, revised March 20, 2023) GRCA Comments The GRCA has reviewed this application under Ontario Regulation 686/21, acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as well as in accordance with Ontario Page 1 of 2 Information currently available at our office indicates that the subject lands contain the Grand River, its associated floodplain, and part of the Provincially Significant Melitzer Creek Wetland Complex. GRCA has received a permit application (45/23) for this proposed residence.The applicant required additional items to process the application: a final environmental impact study, topographic survey, and grading plan. The GRCA is now in receipt of those items, and we are in a position to approve the permit. Therefore we have no objections to the minor variance. ______________________________ This isconsidered a minorapplication.2023 approved fee schedule, we will invoice the applicant $300for our review. 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 Grand River Conservation Authority Encl.Resource Mapping cc: Dave Baker Scott Brubacher, Country Lane Builders City of Kitchener Richard Kelly-Ruetz Carrie Musselman Katie Wood Region of Watwerloo Jane Gurney Albert Hovingh Page 2of 2 Grand River Conservation Authority Date: Jan 26, 2023 Author: AD 27 Sunbridge Crescent, 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 inparentheses in the map legend. For a complete listing of sources and citations go to: https://maps.grandriver.ca/Sources-and-Citations.pdf 015306090 GRCA Metres Map Centre (UTM NAD83 z17): 542,303.72 4,815,267.33 NAD 1983 UTM Zone 17NScale: 2,968 This map is not to be used for navigation | 2020 Ortho (ON) ± From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM) Cc:Alison Fox;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 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. 7074 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: May 2, 2023 REPORT NO.: DSD-2023-208 SUBJECT: Consent Application B2023-019 680 Frederick Street RECOMMENDATION: That Consent Application B2023-019 for 680 Frederick Street requesting consent to sever a parcel of land having a lot width on Frederick Street of 7.6 metres, a lot depth of 45.7 metres and a lot area of 348.3 square metres, BE APPROVED subject to the following conditions: 1. provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 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 ologist. 4. That the property owner obtains Demolition Control Approval, in accordance with the - Development Applications. 5. That the property owner obtains a Demolition Permit, for the existing single detached dwelling and all accessory structure(s) proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling and all accessory structure(s) prior to deed endorsement. 6. That the property owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. That the property owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information endorsement. 8. That the property owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 9. That any new driveways are to be built to City of Kitchener standards at t Engineering Services. 10. That the property owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satis Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of 11. That the property owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $11,862.00 of the value of the lands to be severed. 12. agreement with the City of Kitchener, to be prepared by the City Solicitor, to the Director of Planning, which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the Supervisor, Site Plans showing: i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii) the location of any existing buildings or structures to be removed or relocated; iii) the proposed grades and drainage; iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; v) justification for any trees to be removed; and vi) outline tree protection measures for trees to be preserved; and vii) building elevation drawings. viii) If necessary, the plan shall include required mitigation and or compensation measures. ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the CiSupervisor, Site Plans. 13. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 14. That prior to final approval, an agreement between the Owner/Applicant and City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and retained lands that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, Lease/Rental Agreements: a) That the owner agrees to construct the dwelling with a forced air-ducted heating system suitably sized and designed with provision for the installation of air b) That the owner agrees to include the following noise warning clauses in offers of purchase and sale/lease/rental agreements: traffic on Frederick Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks -ducted heating system and has been designed with the provision of adding central air conditioning at the low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment c) The Owner shall ensure that all noise attenuation measures required pursuant to this Agreement are implemented and completed to the satisfaction of The Regional Municipality of Waterloo and where applicable, incorporated in the building plans for the dwelling units on the Severed Lands and the Retained Lands prior to the Owner requesting the issuance of any building permits. The Owner further agrees to construct the dwelling units on the Severed Lands and the Retained Lands in accordance with approved plan(s) which incorporate all such required noise attenuation measures. REPORT HIGHLIGHTS: The purpose of this application is to sever a parcel of land into two new lots to facilitate the construction of semi-detached dwelling. The key finding of this report is that the requested severance meets the criteria of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the ebsite with the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is locatedon the north side of Frederick Street and east of the intersection of Frederick Street and Lois Street. The surrounding Stanley Park neighbourhood consists of a variety of residential uses such as single detached dwellings, semi-detached dwellings, and multiple dwellings that vary in lot size and area. Figure 1: Location map- 680 Frederick Street Community Area Urban Structure and is designated Low Rise Residential 2014 Official Plan. Low Rise Residential Four Zone (RES-4Zoning By-law 2019-051. The purpose of the application is to server a parcel of land to facilitate the construction of a semi- detached dwelling. The site currently has a single detached dwelling that will be demolished to construct the semi-detached dwelling units. The applicant will survey the property during/after the construction of the semi-detached dwelling units to ensure the semi-detached dwelling has been sited accurately on the new building lots. The severed lot would have a lot frontage on Frederick Street of 7.6 metres, a lot depth of 45.7 metres and an area of 348.3 square metres, while the retained lot would have a lot frontage on Frederick Street of 7.6 metres, a lot depth of 45.7 metres and an area of 348.3 square metres. Staff visited the subject property on April 19, 2023. Figure 2: Existing Single Detached Dwelling at 680 Frederick Street REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement, 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 semi-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. represents intensification and will contribute towards a 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 proposed severance to facilitate the use of the lands for a new semi-detached dwelling is permitted by this 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) Figure 3: Pattern of Development/Surrounding Lot Fabric The proposed lot widths and lot areas of the proposed severed and retained lots exceed the - 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 2019-051 Low Rise Residential Four Zone (RES-4-law 2019- 051.The RES-4zone permits a range of low density dwelling types such as semi-detached dwellings. The RES-4 zone requires a minimum lot width of 7.5 metres (internal lots) and a minimum lot area of 210 square metres for semi-detached dwellings. The proposed lot widths and lot areas of -h 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. 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 owner shall enter into an agreement on both the severed and retained lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to demo, grading, building permit. HERITAGE PLANNING COMMENTS: Heritage Planning staff have no concerns with the proposed application. BUILDING DIVISION COMMENTS: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. 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 Jason Brûlé (jason.brule@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 & CEMETERIES 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 7.62m at a land value of $36,080 per frontage meter with a per unit cap of $11,862.00. TRANSPORTATION PLANNING COMMENTS: Transportation Services have no concerns with the proposed application. REGION OF WATERLOO COMMENTS: The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00; 2) That prior to final approval, an agreement between the Owner/Applicant and City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and retained lands that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, Lease/Rental Agreements: a) That the owner agrees to construct the dwelling with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning, at the b) That the owner agrees to include the following noise warning clauses in offers of purchase and sale/lease/rental agreements: n Frederick Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the as been fitted with a forced air-ducted heating system and has been Installation of central air conditioning by the occupant in low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and Planning Comments: City staff recommends that the following clause also be inserted into the agreement to advise that where noise attenuation measures are required through building permit application, that the Owner is responsible to ensure these are implemented where Ontario Building Code cannot require noise attenuation measures. c) The Owner shall ensure that all noise attenuation measures required pursuant to this Agreement are implemented and completed to the satisfaction of The Regional Municipality of Waterloo and where applicable, incorporated in the building plans for the dwelling units on the Severed Lands and the Retained Lands prior to the Owner requesting the issuance of any building permits. The Owner further agrees to construct the dwelling units on the Severed Lands and the Retained Lands in accordance with approved plan(s) which incorporate all such required noise attenuation measures. 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 anning 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 (ROP) Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Lot Severance Sketch Attachment A Lot Severance Sketch Melissa Mohr 226-752-8622 D20-20/23 KIT April 28, 2023 Marilyn Mills, Secretary Treasurer Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2023-0019 and B2023-020 Committee of Adjustment Hearing May 16, 2023 CITY OF KITCHENER B2023-019 680 Frederick Street Calin Pele (Marcsalo Holdings Inc. - Owner) C/O Adrian L. Rosu (Duncan Linton LLP Authorized Agent) The applicant is proposing to sever a parcel of land with a lot width of 7.65m along 2 Frederick Street with a lot depth of 45.7m and a lot area of 349.3 m. The lands to be retained will have a lot width of 7.6m along Frederick Street with a lot depth of 45.7m 2 and a lot area of 349.3m. The existing dwelling on site is proposed to be demolished and a new semi-detached dwelling is proposed to be constructed on site. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Corridor Planning Both severed and retained residential lots may have impacts from road noise from traffic on Frederick Street (a local municipal street). To ensure noise mitigation measures are addressed through the future development, the following shall be secured through a registered agreement with the City of Kitchener for all dwelling units on both the severed and retained lots: Document Number: 4371410 Version: 1 a. That the owner agree to construct the dwelling with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning, b. That the owner agree to include the following noise warning clauses in all offers of purchase and sale/lease/rental agreements: The purchasers/tenants are advised that sound levels due to increasing road traffic on Frederick Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant in low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00; 2) That prior to final approval, an agreement between the Owner/Applicant and City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and retained lands that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, Lease/Rental Agreements: a. That the owner agrees to construct the dwelling with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning, b. That the owner agrees to include the following noise warning clauses in offers of purchase and sale/lease/rental agreements: The purchasers/tenants are advised that sound levels due to increasing road traffic on Frederick Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks Document Number: 4371410 Version: 1 been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment B2023-020 685 Fischer-Hallman Road, Unit Q 1465762 Ontario Inc. (Owner) C/O Trevor Hawkins (MHBC Planning Authorized Agent) The applicant is proposing a lease on the lands for a period exceeding 21 years. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: c. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00; General Comments Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner Document Number: 4371410 Version: 1 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 16, 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 5 DATE OF REPORT: May 5, 2023 REPORT NO.: DSD-2023-213 SUBJECT: Consent Application B2023-020 685 Fischer Hallman Road, Unit Q RECOMMENDATION: That Consent Application B2023-020 for consent for a lease in excess of 21 years in favour of Your Neighbourhood Credit Union Inc., for a financial establishment at 685 Fischer Hallman Road, be approved, subject to the following conditions: 1. That the Oassociated 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 taxes on the 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, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to review an application requesting consent to enter into a lease exceeding 21 years for a financial institution located on the lands addressed as 685 Fischer Hallman Road. The building is existing and no new development is proposed. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. to all property owners within 30 metres of the subject propertyand this report wasposted to the g. This report supports the delivery of core services. BACKGROUND: The subject property is located within a commercial plaza at the southwest corner of Fisher Hallman Road and Ottawa Street South. The subject property is designated as Commercial an City Node Map 2. Commercial Two Zone (COM-2 with Site-Specific Provision (35) in Zoning By-law 2019-051. The purpose of the application is to requesting consent to enter into a lease exceeding 21 years for a financial establishment. The building is existing and no new GFA is proposed. Figure 1: View of Existing Financial Establishment Building REPORT: Planning Comments: The owner of the subject lands is requesting consent for a lease in excess of 21 years for a YNCU financial establishment. The applicant has requested that the lease apply to the area shown in red hatch on the draft reference plan submitted with the application. As shown on the image below this includes the building itself, as the parking areas and walkways are part of the shared plaza area. Approval of the consent would permit the lease to Your Neighbourhood Credit Union Inc for a period of time in excess of 21 years and would not have any negative impacts on the remainder of the commercial plaza. Figure 2: Draft Reference Plan 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 a lease in excess of 21 years is desirable, appropriate, suitable for the functioning of the financial establishment on the subject property. The consent will not frustrate the planned function or ability of the site to operate (with shared access) or impede the outcome of any future planning processes. Staff is of the opinion that the long term lease by the financial institutional conforms to the Official Plan, is consistent with the Provincial Policy Statement and conforms to the Growth Plan tor the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that the application be approved, subject to conditions. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: No Engineering comments or concerns. Parks/Operations Division Comments: No concerns, Parkland Dedication is not required for permission to extend lease beyond 21 years. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed 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. 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 2019-051 Melissa Mohr 226-752-8622 D20-20/23 KIT April 28, 2023 Marilyn Mills, Secretary Treasurer Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2023-0019 and B2023-020 Committee of Adjustment Hearing May 16, 2023 CITY OF KITCHENER B2023-019 680 Frederick Street Calin Pele (Marcsalo Holdings Inc. - Owner) C/O Adrian L. Rosu (Duncan Linton LLP Authorized Agent) The applicant is proposing to sever a parcel of land with a lot width of 7.65m along 2 Frederick Street with a lot depth of 45.7m and a lot area of 349.3 m. The lands to be retained will have a lot width of 7.6m along Frederick Street with a lot depth of 45.7m 2 and a lot area of 349.3m. The existing dwelling on site is proposed to be demolished and a new semi-detached dwelling is proposed to be constructed on site. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Corridor Planning Both severed and retained residential lots may have impacts from road noise from traffic on Frederick Street (a local municipal street). To ensure noise mitigation measures are addressed through the future development, the following shall be secured through a registered agreement with the City of Kitchener for all dwelling units on both the severed and retained lots: Document Number: 4371410 Version: 1 a. That the owner agree to construct the dwelling with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning, b. That the owner agree to include the following noise warning clauses in all offers of purchase and sale/lease/rental agreements: The purchasers/tenants are advised that sound levels due to increasing road traffic on Frederick Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant in low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00; 2) That prior to final approval, an agreement between the Owner/Applicant and City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and retained lands that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, Lease/Rental Agreements: a. That the owner agrees to construct the dwelling with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning, b. That the owner agrees to include the following noise warning clauses in offers of purchase and sale/lease/rental agreements: The purchasers/tenants are advised that sound levels due to increasing road traffic on Frederick Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks Document Number: 4371410 Version: 1 been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment B2023-020 685 Fischer-Hallman Road, Unit Q 1465762 Ontario Inc. (Owner) C/O Trevor Hawkins (MHBC Planning Authorized Agent) The applicant is proposing a lease on the lands for a period exceeding 21 years. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: c. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00; General Comments Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner Document Number: 4371410 Version: 1 May 1, 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 May 16, 2023 Applications for Minor Variance A 2023-037709 Glasgow Street A 2023-053525 Erinbrook Drive A 2023-054133 Manitou Drive A 2023-055152 Weber Street East A 2023-05617 Brock Street A 2023-05784 Maple Hill Drive A 2023-058202 Courtland Avenue East A 2023-05926 LouisaStreet A 2023-06020 Cameron Street North A 2023-061231 Arnold Street Applicationsfor Consent B 2023-010709 Glasgow Street B 2023-019680 Frederick Street B 2023-020685 Fischer Hallman Road, Unit Q Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any 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;Clerks (SM) Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you. Date:Friday, April 21, 2023 1:40:49 PM Good afternoon, MTO has no requirement for any of these applications: A 2023-053 - 525 Erinbrook Drive A 2023-054 - 133 Manitou Drive A 2023-055 - 152 Weber Street East A 2023-056 - 17 Brock Street A 2023-057 - 84 Maple Hill Drive A 2023-058 - 202 Courtland Avenue East A 2023-059 - 26 Louisa Street A 2023-060 - 20 Cameron Street North A 2023-061 - 231 Arnold Street A 2023-062 - 27 Sunbridge Crescent B 2023-019 - 680 Frederick Street B 2023-020 - 685 Fischer Hallman Road Unit Q 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: mail@sf-notifications.com <mail@sf-notifications.com> Sent: April 21, 2023 10:21 AM To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Note From Clerks: Attached are the Committee of Adjustment Applications for the City of Kitchener- Meeting date May 16, 2023. Please remember, your email address is your username to log in. If you are unable to log in select "Forgot my Pass w ord". Please note for those who comment regularly an additional email will follow advising you of the comment deadline. You will need to download any files you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca Thank you. Click here to view this folder > ShareFile is a tool for sending, receiving, and organizing your business files online. It can be used as a password-protected area for sharing information with clients and partners, and it's an easy way to send files that are too large to e-mail. Trouble with the above link? You can copy and paste the following URL into your web browser: https://kitchener.sharefile.com/f/fobedbd7-dcf7-4e15-80bd-ea0254e34363 Powered By Citrix ShareFile 2023