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HomeMy WebLinkAboutCA - 2023-06-20............. on i Committee of Adjustment Committee Minutes June 20, 2023, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: D. Pateman S. Hannah D. Gundrum B. McColl Staff: T. Malone -Wright, Supervisor, Development Applications D. Seller, Transportation Services M. Mills, Committee Administrator C. Owen, Administrative Clerk 1. COMMENCEMENT The meeting commenced at 10:03 a.m. 2. MINUTES That the regular minutes of the Committee of Adjustment meeting held May 16, 2023, as circulated to the members, be accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no conflicts declared. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 A 2023-057 - 84 Maple Hill Drive, DSD -2023-274 1 Submission No.: A 2023-057 Applicants: Amelia Georghiades Property Location: 84 Maple Hill Drive Legal Description: Part Lot 3, Plan 794, Part Lots 9 to 11, Plan 877; being Parts 1 to 4 on Reference Plan 58R-12830 and being Part 1 on Reference Plan 58R- 19865 Appearances: In Support: Contra: J. Von Westerholt None. Written Submissions: C. Reynolds M. Fitton The Committee was advised the applicant requested a minor variance to Zoning By-law 2019-051 to legalize a driveway width of 25.8m rather than the maximum permitted 8.0m, to recognize the location, size, and configuration of an existing residential driveway (Minor Variance Application A 2013-002 was previously approved for a driveway width of 18.3m). The Committee considered Development Services Department report DSD -2023- 274, dated June 9, 2023 recommending approval to legalize a driveway width of 18.3m. The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 21, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 1, 2023, advising they have no concerns with the subject application. J. Von Westerholt was in attendance in support of the staff recommendation. In response to questions from the Committee, J. Von Westerholt noted the driveway would be reconstructed as soon as feasible and highlighted barriers in securing contractors during high peak construction season. S. Hannah inquired why Staff did not recommend a condition for the driveway be reconstructed within a specific timeframe. In response, T. Malone -Wright 2 highlighted an encroachment issue being dealt with separately and noted, Staff wishes to prevent consideration of the minor variance application and encroachment issue from occurring concurrently or being dependent on one another. In response to questions from the Committee, J. Von Westerholt noted support for a condition requiring that the driveway be reconstructed within a year. The Committee discussed and agreed to include a condition in the Committee's decision this date, that the driveway be reconstructed by June 9, 2024 and any request for a time extension be approved by the Manager of Development Review. Moved by S. Hannah Seconded by D. Gundrum That the application of AMALIA GEORGHIADES requesting a minor variance to the Zoning By-law to permit a driveway width of 18.3m rather than the maximum permitted 8.Om, to facilitate the retention of an existing driveway, generally in accordance with the plan prepared by MHBC Planning, dated May 26, 2023, on Part Lot 3, Plan 794, Part Lots 9 to 11, Plan 877; being Parts 1 to 4 on Reference Plan 58R-12830 and being Part 1 on Reference Plan 58R-19865, 84 Maple Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall complete all reconstruction work by June 9, 2024. Any request for a time extension must be approved in writing by the Manager of Development Review prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please 3 review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 6. NEW BUSINESS 6.1 A 2023-063 - 232 Bleams Road, DSD -2023-280 Submission No.: A 2023-063 Applicants: Andrew Wright Property Location: 232 Bleams Road Legal Description: Lot 8, Plan 1482 Appearances: In Support: Contra: D. Bicanic None. Written Submissions: K. Breidon The Committee was advised the applicant requested permission for the enlargement or extension of a legal non -conforming use, a car wash (automatic and self-service), having a Gross Floor Area of 746.4sq.m rather than the existing 572.7 sq.m, a total Floor Space Ratio (FSR) of 0.2, a building height of 10.5m, an easterly side yard setback of 1.5m, 19 stacking spaces rather than the existing 26 stacking spaces; and, 2 parking spaces rather than the existing 32 parking spaces with 19 vacuum parking spaces, to facilitate an addition and reconfiguration of the existing car wash in the "Mixed Use One Zone (MIX -1)". The Committee considered Development Services Department report DSD -2023- 280, dated June 7, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 31, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. 2 T. Malone -Wright noted a Site Plan Application was submitted and has received approval in principle subject to the approval of the proposed minor variances. D. Bicanic was in attendance in support of the staff recommendation. In regard to concerns outlined in a written submission, D. Bicanic noted the car wash will no longer offer pet wash bays and coin washes for cars, which will contribute to reduced traffic overflow. Further, it was noted a noise study was conducted for the subject application and conclusions of the study indicate noise levels meet the required standards and policies. Moved by B. McColl Seconded by D. Gundrum That the application of MB BLEAMS ROAD INC requesting permission for the enlargement or extension of a legal non -conforming use, a car wash (automatic and self-service), having a Gross Floor Area of 746.4sq.m rather than the existing 572.7 sq.m, a total Floor Space Ratio (FSR) of 0.2, a building height of 10.5m, an easterly side yard setback of 1.5m, 19 stacking spaces rather than the existing 26 stacking spaces; and, 2 parking spaces rather than the existing 32 parking spaces with 19 vacuum parking spaces, to facilitate an addition and reconfiguration of the existing car wash in the "Mixed Use One Zone (MIX -1)", on Lot 8, Plan 1482, 232 Bleams Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested are in the public interest. 2. This application does not impose unacceptable or adverse impacts upon abutting properties. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. 6.2 A 2023-064 - 35 Belmont Avenue West, DSD -2023-288 Submission No.: A 2023-064 Applicants: A & F Greenfield Homes Ltd. Property Location: 35 Belmont Avenue West Carried 5 Legal Description: Part Lot 402 & 403, Plan 230, Part Lot 19, Plan 786; being Part 1 on Reference Plan 58R-21563 Appearances: In Support: Contra: A. Rosu None. Written Submissions: K. Stacey H. Hoediono H. de Man The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a lot width of 9.8m rather than the required 13.1 m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property. The Committee considered Development Services Department report DSD -2023- 288, dated May 26, 2023, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 31, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 5, 2023, advising they have no concerns with the subject application. T. Malone Wright noted the driveway width of the subject property only permits a single car driveway however as the site contains a duplex dwelling, 3 parking spaces are permitted to be in tandem. A. Rosu was in attendance in support of the staff recommendation and noted a one bedroom tiny home is proposed at the subject site with the intention that the renter will not require a parking space. Further, A. Rosu noted public transportation is available within close proximity of the home. 9 S. Hannah noted opposition to the application as the lot was recently severed and now contains four dwelling units having driveways that cover the entire front yard. Further, S. Hannah highlighted concerns in a written submission regarding insufficient recreation space if the rear yard is developed with an ADU. In response, A. Rosu noted, the rear yard where the ADU is proposed to be constructed was previously a parking lot, as such, the applicant seeks to develop the property to become compatible with the neighborhood. Further, A. Rosu noted, if the property is developed with the proposed ADU, the lot area will still be larger than the minimum required area. The following motion was then voted on and was Carried, with D. Pateman, D. Gundrum and B. McColl voting in favour; and, S. Hannah voting in opposition. Moved by D. Gundrum Seconded by B. McColl That the application of A & F GREENFIELD HOMES LTD requesting a minor variance to the Zoning By-law to permit a lot width of 9.8m rather than the required 13.1m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, generally in accordance with drawings prepared by J.D. Barnes, dated May 19, 2023, on Part Lots 402 & 4037 Plan 230, Part Lot 19, Plan 786; being Part 1 on Reference Plan 58R-21653, 35 Belmont Avenue West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. 6.3 A 2023-065 - 26 Seibert Avenue, DSD -2023-268 Carried 7 Submission No.: A 2023-065 Applicants: James Dube & Carla Endicott Property Location: 26 Siebert Avenue Legal Description: Lot 105, Plan 812 Appearances: In Support: Contra: J. Dube None. Written Submissions: R. Wong The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an accessory structure to have a building height of 6.55m rather than the maximum permitted 5.5m; and, for the underside of the facia to have a height of 5.Om rather than the permitted 3.0m, to facilitate the construction of a detached garage with sufficient parking space for a recreational vehicle. The Committee considered Development Services Department report DSD -2023- 268, dated June 14, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 31, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. J. Dube was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by D. Gundrum That the application of CARLA JOANNE ENDICOTT and JAMES GEORGE DUBE requesting a minor variance to the Zoning By-law to permit an accessory structure to have a building height of 6.55m rather than the maximum permitted 5.5m; and, for the underside of the facia to have a height of 5.Om rather than the permitted 3.0m, to facilitate the construction of a detached garage with sufficient parking space for a recreational vehicle, in accordance with drawings submitted with Minor Variance Application A 2023-065, on Lot 105, Plan 812, 26 Siebert Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 6.4 A 2023-066 - 82 South Drive, DSD -2023-269 Submission No.: A 2023-066 Applicants: David McCowan & Kathryn Kinnear Property Location: 82 South Drive Legal Description: Lot 127, Plan 230 Appearances: In Support: Contra: D. McCowan None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a lot width of 12.3m rather than the required 13.1m, a northeasterly side yard setback of 0.45m rather than the required 0.6m; and, a building height of 5.Om rather than the permitted 4.5m, to facilitate the 9 construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property The Committee considered Development Services Department report DSD -2023- 269, dated June 14, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 31, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. D. McCowan was in attendance in support of the staff recommendation. Moved by D. Gundrum Seconded by S. Hannah That the application of DAVID STEWART MCCOWAN and KATHRYN LETITIA PEARCY KINNEAR requesting a minor variance to the Zoning By-law to permit a lot width of 12.3m rather than the required 13.1m, a northeasterly side yard setback of 0.45m rather than the required 0.6m; and, a building height of 5.Om rather than the permitted 4.5m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, generally in accordance with drawings prepared by Ducon Contractors Ltd., dated May 2, 2023, on Lot 127, Plan 230, 82 South Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 10 6.5 A 2023-067 - 1198 Fischer Hallman Road, DSD -2023-279 Submission No.: A 2023-067 Applicants: Activa Holdings Inc. Property Location: 1198 Fischer Hallman Road Legal Description: Part Lot 2, Plan 1483 Appearances: In Support: Contra: R. Wolff E. McShane P. Barhpagga Written Submissions: None. The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a building height of 15.Om rather than the permitted 10.5m, to facilitate the development of the property with 138 dwelling units having 6 townhouse dwellings, each containing 5 dwelling units and 2 townhouse dwellings, each containing 6 dwelling units, and 6 stacked townhouse blocks, being considered under Site Plan Application SP23/006/F/AP. The Committee considered Development Services Department report DSD -2023- 279, dated June 7, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 31, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. R. Wolff was in attendance in support of the staff recommendation. P. Barhpagga was in attendance in opposition of staff recommendation noting privacy concerns as the proposed stacked homes will have a greater height than the adjacent properties. In response, R. Wolff noted the stacked townhomes will be inward facing to the site and further, the Site Plan submitted with the 11 application indicates sufficient setback of the homes, to mitigate any privacy concerns. Moved by S. Hannah Seconded by D. Gundrum That the application of ACTIVA HOLDINGS INC (ALEX SUMNER) requesting a minor variance to Zoning By-law 85-1 to permit a building height of 15.Om rather than the permitted 10.5m, to facilitate the development of the property with 138 dwelling units having 6 townhouse dwellings, each containing 5 dwelling units and 2 townhouse dwellings, each containing 6 dwelling units, and 6 stacked townhouse blocks, in accordance with Site Plan Application SP23/006/F/AP, on Part Lot 2, Plan 1483, 1198 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. 6.6 A 2023-068 - 35 Maywood Road, DSD -2023-278 Submission No.: A 2023-068 Applicants: Prodapt Holdings Ltd. Property Location: 35 Maywood Road Legal Description: Lot 147, Plan 849 Appearances: In Support: S. Gandhi Carried 12 Contra: S. Budhiraja None. Written Submissions: G. Weinhardt C. Olah The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) to be 62% of the building floor area of the principal dwelling rather than the permitted 50% or 80 sq.m, whichever is the less, to facilitate the conversion of an existing detached garage having an area of 61 sq.m, into an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property. The Committee considered Development Services Department report DSD -2023- 278, dated June 7, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 31, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. T. Malone -Wright advised the Committee of a written submission received after Staff developed its' report, outlining concerns that the principal dwelling may be operating as lodging house. It was noted an Additional Dwelling Unit (ADU) (Detached) accessory to a lodging house is not a permitted use in the Zoning By- law thus Staff advised the Committee to defer consideration of the application, to allow Staff an opportunity to investigate the use of the principal dwelling. S. Ghandi and S. Budhiraja were in attendance in support of the application. S. Ghandi noted the home is a legal duplex dwelling and both units were rented though the Multiple Listing Service (MLS) on a one-year lease. S. Ghandi noted the number of individuals dwelling in the home has not changed since it was first leased and use of the property as a lodging facility is simply an assumption. In response to questions from the Committee, S. Budhiraja noted the intent to submit internal plans of the proposed ADU (Detached) following minor variance approval. 13 S. Hannah noted support for Staff's recommendation to defer consideration of the application and requested that the applicant submit internal plans to assist the Committee's consideration of privacy concerns outlined in a written submission. The Committee discussed and agreed to defer consideration of this application to the July 18, 2023 Committee of Adjustment meeting, to allow an opportunity for an investigation regarding the primary use of the dwelling to take place, and, to provide the applicant an opportunity to submit internal plans of the proposed Additional Dwelling Unit (ADU) (Detached). Moved by B. McColl Seconded by S. Hannah That the application of PROADAPT PROPERTY HOLDING LTD requesting a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) to be 62% of the building floor area of the principal dwelling rather than the permitted 50% or 80 sq.m, whichever is the less, to facilitate the conversion of an existing detached garage having an area of 61 sq.m, into an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, in accordance with drawings prepared by Green Target Engineering, dated January 25, 2023, on Lot 147, Plan 849, 35 Maywood Road, Kitchener, Ontario, BE DEFERRED until July 18, 2023, to allow an opportunity for a By-law Enforcement investigation to be conducted regarding the primary use of the existing detached dwelling; and, to provide the applicant an opportunity to submit internal plans of the proposed Additional Dwelling Unit (ADU) (Detached). 6.7 A 2023-069 - 213 Mill Street, DSD -2023-266 Submission No.: A 2023-069 Applicants: Venkata Sunkara Property Location: 213 Mill Street Legal Description: Part Lot 3, Plan 128 Appearances: In Support: Contra: K. Shah None. Carried 14 Written Submissions: J. Tavares Das Neves The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit an Additional Dwelling Unit (ADU) to be 87% of the building floor area of the principal dwelling, having an area of 111.1sq.m rather than the permitted 50% or 80sq.m, whichever is the less, to facilitate the conversion of an existing detached garage into an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property. The Committee considered Development Services Department report DSD -2023- 266, dated June 7, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 31, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. K. Shah was in attendance in support of the staff recommendation. Moved by S. Hannah Seconded by D. Gundrum That the application of VENKATA SUNKARA requesting a minor variance to Zoning By-law 85-1 to permit an Additional Dwelling Unit (ADU) to be 87% of the building floor area of the principal dwelling, having an area of 111.1 sq.m rather than the permitted 50% or 80sq.m, whichever is the less, to facilitate the conversion of an existing detached garage into an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, generally in accordance with drawings prepared by RJ CAD Solutions, dated April 26, 2023, on Part Lot 3, Plan 128, 213 Mill Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 15 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 6.8 A 2023-070 - 1950 Fischer Hallman Road, DSD -2023-283 Submission No.: A 2023-070 Applicants: Schlegal Urban Developments Corp. Property Location: 1950 Fischer Hallman Road Legal Description: Part Lot 158 & 159, German Company Tract Appearances: In Support: Contra: A. vanderluis None. Written Submissions: None. The Committee was advised the applicant requested minor variances to Zoning By-law 85-1 to facilitate the construction of a commercial development, being considered under Site Plan Application SP23/024/F/CD having 14% of the primary ground floor facade of `Building A' containing display windows or entrances rather than the required 40%; 35% of the primary ground floor facade of `Building B' containing display windows or entrances rather than the required 40%; 20% of the primary ground floor fagade of Building 'D' containing display windows or entrances rather than the required 40%; and, 6% of the primary ground floor fagade of Building 'F' containing windows or entrances rather than the required 40%. Minor variances are also requested to permit the buildings facing Huron Road to have 45.Om between display windows or doors rather than the permitted 4.0 m and, the buildings facing Fischer -Hallman Road to have 9.Om between display windows or doors rather than the permitted 4.0m; and, to permit 16 47% of the length of a Minimum Width of a Primary Ground Floor Fagade abutting street lines rather than the required 50%. The Committee considered Development Services Department report DSD-2023- 283, dated June 7, 2023, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 31, 2023, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. A. Vanderluis was in attendance in support of the staff recommendation. Moved by D. Gundrum Seconded by S. Hannah That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting a minor variance to Zoning By-law 85-1 to facilitate the construction of a commercial development, being considered under Site Plan Application SP23/024/F/CD having 14% of the primary ground floor facade of `Building A' containing display windows or entrances rather than the required 40%; 35% of the primary ground floor facade of `Building B' containing display windows or entrances rather than the required 40%; 20% of the primary ground floor fagade of Building 'D' containing display windows or entrances rather than the required 40%; and, 6% of the primary ground floor fagade of Building 'F' containing windows or entrances rather than the required 40%. Minor variances are also requested to permit the buildings facing Huron Road to have 45.Om between display windows or doors rather than the permitted 4.0 m and, the buildings facing Fischer-Hallman Road to have 9.0m between display windows or doors rather than the permitted 4.0m; and, to permit 47% of the length of a Minimum Width of a Primary Ground Floor Facade abutting street lines rather than the required 50%, in accordance with Site Plan Application SP23/024/F/CD, on Part Lots 158 & 159, German Company Tract, 1950 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 17 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 6.9 B 2023-021 - 46 Second Avenue, DSD -2023-271 Submission No.: B 2023-021 Applicants: Douglas Coulter & Lisa Aubin Property Location: 46 Second Avenue Legal Description: Lot 16, Plan 254 Appearances: In Support: Contra: B. Jakonovic None. Written Submissions: None. The Committee was advised the applicant requested consent to sever a parcel of land having a width of 10.Om along Second Avenue, a depth of 40.2m and an area of 404.7sq.m. The retained lands will have a width of 10.Om along Second Avenue, a depth of 40.2m and an area of 404.7sq.m. Each parcel is proposed to be developed with a 2 -storey duplex dwelling. The Committee considered Development Services Department report DSD -2023- 271, dated June 9, 2023, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 5, 2023, advising they have no concerns with the subject application, subject to the conditions outlined in the report. w The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. In response to questions from the Committee, T. Malone -Wright noted tandem parking at the subject property meets Zoning requirements as the maximum driveway width for this property is 4.Om and cannot facilitate side by side parking. B. Jokanovic was in attendance in support of the staff recommendation. Moved by S. Hannah Seconded by D. Gundrum That the application of DOUGLAS ROBERT COULTER and LISA ANN AUBIN requesting consent to sever a parcel of land having a width of 10.Om along Second Avenue, a depth of 40.2m and an area of 404.7sq.m, on Lot 16, Plan 2541 46 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the 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 there are no outstanding taxes on the subject property. 3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (Autocad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding lawyer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 6. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or 19 retained lands to the satisfaction of the City's Director of Engineering Services. 7. That the property owner shall ensure any new driveways are to be built to the City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 8. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 9. 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. 10. That the property owner shall obtain Demolition Control Approval, in accordance with the City's Demolition Control By-law, to the satisfaction of the City's Director of Planning. 11. That the property owner shall obtain a permit for the existing dwelling proposed to be demolished, to the satisfaction of the Chief Building Official. 12. That at the sole option of the City's Director of Planning, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's 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 property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Supervisor of 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; 20 iv) The location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notions of their size, species and condition; v) Justification for any trees to be removed; and vi) Building elevation drawings. vii) If necessary, the plan shall include required mitigation and/or compensation measures. viii) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of the building permit 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 City's Supervisor of Site Plans. 13. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 14. That the property owner shall enter into a registered agreement with the Region of Waterloo on both retained and severed lots: a) The dwelling will be fitted with a forced air -ducted heating system suitably sized and designed with provision for the installation of central air conditioning in future at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: "The purchasers/tenants are advised that this dwelling 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 winds 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)." "Purchasers/tenants are advised that sound levels due to increasing transportation noise on Conestoga Parkway (Highway 7/8) may, on occasions, interfere with some activities of the 21 dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation &Parks (MECP)" c) That as an alternative to a) and b) above, the property owner agrees to complete a road traffic noise study to the satisfaction of the City of Kitchener, in consultation with the Region of Waterloo, and to amend this agreement to implement the recommendations of the accepted noise study. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above -noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. 22 Carried 6.10 A2023-071 to 072 and B 2023-022 -228 Connaught Street, DSD -2023-282 Submission No.: B 2023-022 and A 2023-071 to 072 Applicants: Paul & Tawnya Restivo Property Location: 228 Connaught Street Legal Description: Part Lot 65 & 66, Plan 254 Appearances: In Support: Contra: IEq VUII� None. Written Submissions: None. The Committee was advised the applicant requested consent to sever a parcel of land having a width of 11.5m along Connaught Street, a depth of 20.1m and an area of 235sq.m. The retained lands will have a width of 20.1 m along Fourth Avenue, a depth of 28.6m and an area of 574.7sq.m and will contain the existing triplex dwelling, municipally addressed as 228 Connaught Street. A minor variance to the Zoning By-law is also requested for the retained land, to permit one of three proposed parking spaces to be located within the exterior side yard of the existing triplex dwelling, 3.Om from the westerly street line. A minor variance to the Zoning By-law is also requested for the severed land, to permit the construction of a single detached dwelling having a front yard setback of 4.5m rather than the required 7.25m. The Committee considered Development Services Department report DSD -2023- 282, dated June 7, 2023, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 5, 2023 and May 31, 2023, advising they have no concerns with the subject application, subject to the condition as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. 23 K. Wills was in attendance and inquired whether condition 6a outlined in DSD - 2023 -282, requiring a Building Code Assessment will relate only to the external portion of the existing building. In response, T. Malone noted an assessment of exterior portion of the building will take place to ensure the proposed property line and any building adjacent to this new property line complies with the Ontario Building Code. Submission No. A 2023-071 Moved by D. Gundrum Seconded by B. McColl That the application of PAUL GASPARO RESTIVO and TAWNYA LYN RESTIVO requesting a minor variance to the Zoning By-law for a retained parcel of land identified in Consent Application B 2023-022, to permit one of three proposed parking spaces to be located within the exterior side yard of the existing triplex dwelling, 3.Om from the westerly street line, on Part Lots 65 & 66, Plan 254, 228 Connaught Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried Submission No. A 2023-072 Moved by D. Gundrum Seconded by B. McColl That the application of PAUL GASPARO RESTIVO and TAWNYA LYN RESTIVO requesting a minor variance to the Zoning By-law for a severed parcel 24 of land identified in Consent Application B 2023-022, to permit the construction of a single detached dwelling having a front yard setback of 4.5m rather than the required 7.25m, on Part Lots 65 & 66, Plan 254, 228 Connaught Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried Submission No. B 2023-022 Moved by D. Gundrum Seconded by B. McColl That the application of PAUL GASPARO RESTIVO and TAWNYA LYN RESTIVO requesting consent to sever a parcel of land having a width of 11.5m along Connaught Street, a depth of 20.1 m and an area of 235sq.m, on Part Lots 65 & 66, Plan 254, 228 Connaught Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A 2023-071 and A 2023-072 receive final approval. 2. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the 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 there are no outstanding taxes on the subject property. 25 4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (Autocad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That at the sole option of the City's Director of Planning, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's 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 property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Supervisor of 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 the building permit. 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 26 or revisions to the plan require the approval of the City's Supervisor of Site Plans. 6. That the property owner shall: a) Complete a Building Code Assessment for the existing dwelling proposed to be retained on the retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/upgrades required by the Building Code Assessment. 7. That the property owner shall provide a servicing plan showing outlets to the municipal servicing to the satisfaction of the City's Director of Engineering Services. 8. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 9. That the property owner shall make satisfactory 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. 10. That the property owner shall ensure any new driveways are to be built to the City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 11. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 12. That the property owner shall: 27 a) enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: i) That the property owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City -owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & Cemeteries. Said plan shall include among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City's Director Parks & Cemeteries. iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life of the development. b) That the property owner shall make satisfactory financial arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks and Cemeteries. 13.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. 14. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above -noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6.11 A 2023-073 to 075 and B 2023-023 to 024- 180 Zeller Drive, DSD -2023-267 Submission No.: B 2023-023 to 024 & A 2023-073 to 075 Applicants: Ibrahim Hussein Abouzeid & Alicia Sabourin Property Location: 180 Zeller Drive Legal Description: Part Lot 119, German Company Tract; being Part 3 on Reference Plan 58R-12065 Appearances: In Support: Contra: J. Henry V. Labreche I. Abouzeid None. Written Submissions: None. The Committee was advised the applicant requested consent to sever two parcels of land and retain one for the purpose of residential development. Severed Parcel 1 identified as "First Severed Lot" on the plan submitted with the 29 application (B 2023-023) having a width of 12.22m, a depth of 53.5m and an area of 571 sq.m. Severed Parcel 2 identified as "Second Severed Lot" on the plan submitted with the application (B 2023-024) having a width of 12.2m, a depth of 53.5m and an area of 616 sq.m. The retained lands will have a width of 12.0m, a depth of 51.9m and an area of 556sq.m. The existing single detached dwelling, municipally addressed as 180 Zeller Drive, is proposed to be demolished, save and except for an existing accessory building (block garage on "Parcel 2"), and 3 single detached dwellings are proposed to be constructed. Minor variances to the Zoning By-law are also requested (application A 2023-073) to permit the retained land to have a lot width of 12.Om rather than the required 13.7m; for Parcel 1 (application A 2023-074) to have a lot width of 12m rather than the required 13.7m; for Parcel 2 (application A 2023-075) to have a lot with of 12.2m rather than the required 13.7m; and, to permit an existing accessory building to have a lot coverage of 17% rather than the permitted 15%. The Committee considered Development Services Department report DSD -2023- 267, dated June 9, 2023, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 5, 2023 and May 31, 2023, advising they have no concerns with the subject application, subject to the conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2023, advising they have no concerns with the subject application. V. Labreche, J. Henry and I. Abouzeid were in attendance in support of the staff recommendation. In response to questions from the Committee, V. Labreche noted the lot is large enough to be developed with duplex dwelling units. It was presented by staff and agreed by the Committee to remove reference to the construction of single detached dwellings from the Committee's decision this date, to allow the applicant flexibility to construct duplex dwellings if desired. Submission No. A 2023-073 Moved by S. Hannah Seconded by D. Gundrum That the application of ALI CIA DAWN PEARL SABOU RI N and I BRAH I M HUSSEIN ABOUZEID requesting a minor variance to the Zoning By-law for a retained parcel of land identified in Consent Application B 2023-023, to have a lot width of 12.Om rather than the required 13.7m, to facilitate the creation of a new 30 lot, generally in accordance with drawings prepared by JD Barnes Ltd, dated February 10, 2023, on Part Lot 119, German Company Tract; being Part 3 on Reference Plan 58R-12065, 180 Zeller Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried Submission No. A 2023-074 Moved by S. Hannah Seconded by D. Gundrum That the application of ALICIA DAWN PEARL SABOURIN and IBRAHIM HUSSEIN ABOUZEID requesting a minor variance to the Zoning By-law for a severed parcel of land identified in Consent Application B 2023-023, to have a lot width of 12m rather than the required 13.7m, to facilitate the creation of a new lot, generally in accordance with drawings prepared by JD Barnes Ltd, dated February 10, 2023, on Part Lot 119, Germany Company Tract; being Part 3 on Reference Plan 58R-12065, 180 Zeller Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 31 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried Submission No. A 2023-075 Moved by S. Hannah Seconded by D. Gundrum That the application of ALI CIA DAWN PEARL SABOU RI N and I BRAH I M HUSSEIN ABOUZEID requesting a minor variance to the Zoning By-law for a severed parcel of land identified in Consent Application B 2023-024, to have a lot width of 12.2m rather than the required 13.7m; and, to permit an existing accessory building to have a lot coverage of 17% rather than the permitted 15%, to facilitate the creation of a new lot, generally in accordance with drawings prepared by JD Barnes Ltd, dated February 10, 2023, on Part Lot 119, German Company Tract; being Part 3 on Reference Plan 58R-12065, 180 Zeller Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 32 Submission No. B 2023-023 Moved by S. Hannah Seconded by D. Gundrum That the application of ALICIA DAWN PEARL SABOURIN and IBRAHIM HUSSEIN ABOUZEID requesting consent to sever a parcel of land identified as "First Severed Lot" on the plan submitted with the application, having a width of 12.22m, a depth of 53.5m and an area of 571sq.m, on Part Lot 119, German Company Tract; being Part 3 on Reference Plan 58R-12065, 180 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A 2023-074 receive final approval. 2. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the 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 there are no outstanding taxes on the subject property. 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 Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That are the sole option of the City's Director of Planning, the property owner shall entire into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's 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 property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Supervisor of 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; 33 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 the building permit. 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 City's Supervisor of Site Plans. 6. That the property owner shall obtain Demolition Control Approval, in accordance with the City's Demolition Control By-law, to the satisfaction of the City's Supervisor, Development Applications. 7. That the property owner obtains a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. 8. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 10. That the property owner shall make satisfactory 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. 34 11. That the property owner shall ensure any new driveways are to be building to the City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 12.That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 13.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. 14.That the property owner shall enter into a registered agreement with the Regional Municipality of Waterloo for the severed and retained lands, to provide for the following to the satisfaction of the Regional Commissioner of Planning, Development and Legislated Services: To include the following warning clause on all offers to purchase and/or rental agreements for all residential dwellings on the severed and retained lands: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that aircraft and noise and directional lighting along this flight path may cause concern to some individuals." 15. That the property owner shall: a) Complete the appropriate study(ies) in accordance with Policy 8.A.4 of the Regional Official Plan for the severed and retained lands should geothermal energy systems be proposed for this development, and to enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the study(ies), all to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; b) That the property owner shall enter into a registered agreement with the Regional Municipality of Waterloo for the severed and retained lands, to 35 prohibit the use of geothermal energy systems on the lands, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 3. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 4. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above -noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2023-024 Moved by S. Hannah Seconded by D. Gundrum That the application of ALI CIA DAWN PEARL SABOU RI N and I BRAH I M HUSSEIN ABOUZEID requesting consent to sever a parcel of land identified as "Second Severed Lot" on the plan submitted with the application having a width of 12.2m, a depth of 53.5m and an area of 616 sq.m, on Part Lot 119, German 36 Company Tract; being Part 3 on Reference Plan 58R-12065, 180 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A 2023-075 receive final approval. 2. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the 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 there are no outstanding taxes on the subject property. 4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (Autocad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That are the sole option of the City's Director of Planning, the property owner shall entire into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's 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 property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Supervisor of 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. 37 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 the building permit. 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 City's Supervisor of Site Plans. 6. That the property owner shall obtain Demolition Control Approval, in accordance with the City's Demolition Control By-law, to the satisfaction of the City's Supervisor, Development Applications. 7. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. 8. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding lawyer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 10.That the property owner shall make 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. 11. That the property owner shall ensure any new driveways are to be building to the City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 12.That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 13. 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. 14. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 15.That the property owner shall enter into a registered agreement with the Regional Municipality of Waterloo for the severed and retained lands, to provide for the following to the satisfaction of the Regional Commissioner of Planning, Development and Legislated Services: To include the following warning clause on all offers to purchase and/or rental agreements for all residential dwellings on the severed and retained lands: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that aircraft and noise and directional lighting along this flight path may cause concern to some individuals." 16. That the property owner shall: a) Complete the appropriate study(ies) in accordance with Policy 8.A.4 of the Regional Official Plan for the severed and retained lands should geothermal energy systems be proposed for this development, and to enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the study(ies), all to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services; b) That the property owner shall enter into a registered agreement with the Regional Municipality of Waterloo for the severed and retained lands, to prohibit the use of geothermal energy systems on the lands, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. It is the opinion of this Committee that: 39 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above -noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. 7. ADJOURNMENT On motion, the meeting adjourned at 11:28 a.m. Marilyn Mills Secretary -Treasurer Carried M