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HomeMy WebLinkAboutCA Agenda - 2023-12-12 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: November 29, 2023 REPORT NO.: DSD-2023-531 SUBJECT: Minor Variance Application A2023-113 9 Siebert Avenue RECOMMENDATION: That Minor Variance Application A2023-113 for 9 Siebert Avenue requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.12.3 k) to permit an Additional Dwelling Unit (Detached) to be partially located in an exterior side yard, setback 4.5 metres from the street line, whereas the Zoning By-law does not permit an Additional Dwelling Unit to be located in an exterior side yard; and ii) Section 5.3.3. a) ii) to permit two (2) parking spaces to be located within 6.0 metres of a street line instead of the maximum permitted one (1) parking space within 6.0 metres of a street line; to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the exterior side yard of the property, generally in accordance with drawings submitted with Minor Variance Application A2023-113, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to facilitate the construction of an Additional Dwelling Unit (Detached) partially in the exterior side yard of the subject property. The key finding of this report is that the requested minor variances need to be deferred to a future Committee of Adjustment meeting. 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the corner of Siebert Avenue and Clark Avenue. The existing use of the property is a Single Detached dwelling with an Additional Dwelling Unit (ADU) (Attached). Figure 1 Location of Subject Property Figure 2 Location of proposed ADU (Detached) Figure 3 Driveway with access to Figure 4 Driveway with access to Siebert Ave Clark Ave Major Transit Station Area Urban Low-Rise Residential Official Plan. Low-Rise Residential Two Zone (RES-2-law 2019- 051. The purpose of the application is to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) partially in the exterior side yard of the subject property. The 2 The requested relief from the Zoning By-law is necessary to facilitate the construction of the ADU (Detached) in order to try and preserve a large evergreen tree. To facilitate a three (3) dwelling unit use of the property, two (2) required parking spaces will be located in tandem in t3 and one (1) of these two (2) parking spaces will be located within 6 metres of a street line. One (1) parking space for the ADU (Detached) will be located in the existing driveway with 4 street line. The parking space for the ADU (Detached) will be provided but is not required since the property is shown Zoning By-law 2019-051 as being within 800 metres of an ION (LRT) station (See Section 4.12.3 p) of Zoning By-law 2019-051). The requested relief from the Zoning By-law is necessary to locate three parking spaces within the existing driveways. Minor Variance A2023-113 was recommended to be deferred from September 19th Committee of Adjustment Agenda. In circulation and review of the Minor Variance Application, GRCA noted that a portion of the subject property is within the regulated allowance adjacent to the floodplain associated with Montgomery Creek. The proposed ADU is in close proximity to the floodplain and GRCA policies do not permit new dwelling units within the floodplain. As such, GRCA staff have requested a Topographic Survey, with the floodplain delineated, to confirm that the proposed ADU will be outside the floodplain. GRCA staff will provide the floodplain elevation to the applicant under separate cover to assist in the preparation of the Topographic Survey. The applicant has provided topographic information to GRCA and updated GRCA comments have been received from Planning Staff and discussed in the commenting section of this report. 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 designated - This designation permits a full range of low density housing types including duplexes, additional dwelling units, and other forms of low-rise housing. The intent of this designation is to ensure compatibility of building form, with respect to massing, scale and design in order to support the successful integration of a range of building types. It also places emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. As the existing duplex dwelling with an ADU (Detached) is permitted within the land use designation, Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law Additional Dwelling Unit (ADU) (Detached) in Exterior Side Yard: The intent of Section 4.12.3 k) of Zoning By-law 2019 which does not permit Additional Dwelling Units (ADU) (Detached) in front or exterior side yards is to ensure that an ADU (Detached) is located within the rear yard. This is generally to ensure that an adequate front and exterior side yard are provided on properties with an ADU (Detached), so that buildings do not locate in close proximity to a street line. The proposed ADU (Detached) meets all the setbacks that are required by the Zoning By-law, including the minimum exterior side yard setback of 4.5 metres that is required for single-detached dwellings in the RES-2 zone. The location of the proposed ADU (Detached) partially in the exterior side yard is to avoid conflict with the existing building and to protect a large evergreen tree on the site. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking Spaces within 6.0 metres of a Street Line: The intent of Section 5.3.3 a) ii) is to ensure that front and exterior side yards of lots do not primarily function as parking areas. To facilitate 3 dwelling units on the subject lands, two parking spaces are required and three parking spaces will be provided. Section 4.12.3 p) states that no parking space shall be required for an ADU (Detached) on a property within 800 metres of an ION (LRT) station. The subject lands contain two existing driveways, 34ccommodate three parking spaces. The parking space in the driveway with access to Clark Avenue will be set back 2.8 metres from the street line. One of the two parking spaces in the driveway with access to Siebert Avenue will be set back 0 metres from the street line. There is adequate landscaped area provided in both the front yard and exterior side yard of the subject property. Staff is of the opinion that the requested variance 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 effects of the requested variances are minor. The proposed ADU (Detached) will not impact neighbouring properties, as the street trees and existing fence will provide an adequate visual barrier. The street trees also provide a visual barrier between the existing driveways and neighbouring properties. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the variances are desirable and appropriate for the use of the land as they will support a gentle intensification of the property, will make use of existing Environmental Planning Comments: As discussed, No concerns as no trees in shared ownership appear to be affected. If survey for GRCA results in a new footprint being proposed, please re-assess potential impacts to any trees. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit application has been made for the detached additional dwelling unit and it is currently under review. Engineering Division Comments: Advisory comment: It is City policy for only 1 set of services per property. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services can support the proposed application to permit three (3) parking spaces to be located within 6 metres of the property line. NOTE: The homeowner is responsible for obtaining an approved Curb Cut Permit from the City of Kitchener before modifying the curb in any way. This application can be filled out via the City of Kitchener website. GRCA Comments \[Revised Comments, dated November 24, 2023\]: Recommendation Based on our review of an updated sketch that shows that the adjacent floodplain does not extend onto the subject property, the GRCAs previous comments have been addressed. We have no objection to the approval of this minor variance application. Please see our detailed comments below. Documents Reviewed by Staff Staff have reviewed the following documents submitted to the GRCA: Sketch showing elevations, prepared by Van Harten, dated November 17, 2023, received by GRCA November 21, 2023. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a regulatory authority under Ontario Regulation 150/06, and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that a portion of the subject property is within the regulated allowance adjacent to the floodplain associated with Montgomery Creek. Due to the presence of the features noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development or other alteration within the regulated area will require prior written approval from GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The GRCA has reviewed the sketch of the property, which identifies that the floodplain does not extend onto the subject property. Therefore, the GRCAs previous comments have been addressed satisfactorily and we have no further objection to approval of this minor variance application. The GRCA acknowledges receipt of payment in the amount of $300 for our review of this 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 website with 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 additional information o Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Site Plan Attachment B GRCA Source Mapping Attachment A Site Plan Attachment B GRCA Source Mapping August 29, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 104 254 Westwood Drive There are no conditions for this application. However, the applicants are advised that any residential dwellings (existing and proposed) on the subject lands would have environmental noise from the CN Railway mainline within 200 metres of the subject property (approximately 95m). The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. 2) A 2023 - 105 120 Rossford Crescent There are no conditions for this application. However, the applicants are advised that any residential dwellings (Existing and proposed) on the subject lands would have environmental noise and rail vibration impacts from the CN Railway mainline adjoining the subject property being located within 45m of the railway vibration influence zone as per railway proximity guidelines). The applicants are responsible for ensuring that the subject development does not have any environmental noise/vibration impacts. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ tğŭĻ Њ ƚŅ Ќ 3) A 2023 - 106 279 Sheldon Avenue North No Concerns 4) A 2023 - 107 239 Rosebank Place No Concerns. 5) A 2023 - 108 540 Frederick Street No Concerns. 6) A 2023 109 27 Roy Street No Concerns. 7) A 2023 - 110 148 Chandos Drive No Concerns. 8) A 2023 - 111 15 Catalina Court There are no conditions for this application. However, the owners are advised that any noise-sensitive development on the subject lands may have impacts from environmental noise from transportation noise in the vicinity. The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. 9) A 2023 - 112 103 Peter Street There are no conditions for this application. However, the owners are advised that any noise-sensitive development on the subject lands may have impacts from environmental noise from transportation noise in the vicinity. The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. 10) A 2023 113 9 Siebert Avenue No Concerns. 11) A 2023 - 114 78 Weber Street West There are no conditions for this application. However, the staff notes as below: a) The owners are advised that any noise-sensitive development on the subject lands may have impacts from environmental noise from transportation noise from traffic on Weber Street East (RR #08) and any potential stationary noise in the vicinity. The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. b) Under any future development application, a dedicated road widening (approximately 3.82m) will be required to comply with ROP Designated road width (currently 26.213m) for Weber Street West (RR #08). Under such future conditions, the existing/proposed building would be encroaching into the Regional road right-of-way. The applicants must use their due diligence so as to have minimum impacts to the subject's existing/proposed development at such times in future. c) An encroachment agreement may be required under any future development application stage. 12) A 2023 115 275 Lawrence Avenue No Concerns. 2 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 3 November 24, 2023 via email GRCA File: A2023-113 9 Siebert Avenue Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Dear Marilyn Mills, Re: Re: Application for Minor Variance A2023-113 9 Siebert Avenue, City of Kitchener Robert Westbury Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor variance application to allow an Additional Dwelling Unit (ADU) partially within the exterior side yard. Recommendation Based on our review of an updated sketch that shows that the adjacent floodplain does not extend onto the subject property, the GRCAs previous comments have been addressed. We have no objection to the approval of this minor variance application. Please see our detailed comments below. Documents Reviewed by Staff Staff have reviewed the following documents submitted to the GRCA: Sketch showing elevations, prepared by Van Harten, dated November 17, 2023, received by GRCA November 21, 2023. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a regulatory authority under Ontario Regulation 150/06, and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that a portion of the subject property is within the regulated allowance adjacent to the floodplain associated with Montgomery Creek. Due to the presence of the features noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development or other alteration within the regulated area will require prior written approval from GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The GRCA has reviewed the sketch of the property, which identifies that the floodplain does not extend onto the subject property. Therefore, the GRCAs previous comments have been addressed satisfactorily and we have no further objection to approval of this minor variance application. The GRCA acknowledges receipt of paymentin the amount of $300for our review of this application. ForMunicipal Consideration Please be advised that on January 1, 2023, a Regulation 596/22: Prescribed Acts Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the Conservation Authorities Act) came into effect. As a result, non-mandatory technical review services that the GRCA formerly provided under agreement with some municipalities (e.g., technical reviews related to natural heritage and select aspects of stormwater management) will no longer be provided. Should you have any questions, please contact the undersignedat 519-621-2763 ext. 2319or cfosterpengelly@grandriver.ca. Sincerely, Chris Foster-Pengelly,M.Sc. Assistant Supervisor of Resource Planning Grand River Conservation Authority Copy:Robert Westbury(via email) From:Johnston, Jeremiah (MTO) To:Committee of Adjustment (SM);Alison Fox Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting Date:Friday, August 25, 2023 12:00:23 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important Hello Allison, th MTO has no requirement for any of the applications scheduled for the Sept. 19 meeting. 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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: August 25, 2023 11:46 AM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, September 19, 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 Friday, September 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 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: November 17, 2023 REPORT NO.: DSD-2023-515 SUBJECT: Minor Variance Application A2023-137 - 48 Betzner Ave. N. RECOMMENDATION: That Minor Variance Application A2023-137 for 48 Betzner Avenue North requesting relief from Section 5.22 c) of Zoning By-law 85-1, to permit a lot width of 12.4 metres instead of the minimum required lot width of 13.1 metres to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) to the existing Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) generally in accordance with drawings prepared by Decoplan Inc., dated November 9, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance to permit three dwelling units in total on the subject property in the form of a Single Detached Dwelling with one Additional Dwelling Unit (Attached) and one Additional Dwelling Unit (Detached). The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. There are no financial implications. 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, Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located south of Weber Street East and east of Frederick Street in King Street East Neighbourhood. It currently contains a two-storey single detached dwelling with one (1) Additional Dwelling Unit (ADU) (Attached), a duplex. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Major Transit Station Area on Map 2- Urban Conservation10-of the King Street East Secondary Plan. Residential Five Zone (R-5-law 85-1 Figure 1 - Location on the zoning map Figure 2 - Aerial image of the subject property The purpose of the application is to add one (1) Additional Dwelling Unit (ADU) (Detached) and a detached garage in the rear yard of an existing duplex. The applicant wants to add the additional dwelling unit in the rear yard and provide a detached garage to accommodate 2 indoor parking spaces. A minor variance is required for the reduced lot width, as it does not meet the minimum required in the Zoning By-law for an Additional Dwelling Unit (ADU) (Detached). To permit a minimum lot width of 12.4 metres instead of the minimum required 13.1 metres. Figure 3 - The proposed Site Plan drawing for the subject property Figure 4 - Aerial view of the subject property rd Planning staff conducted a site inspection on Thursday, November 23, 2023 Figure 5 - The front of the house showing the full lot width and the existing driveway Figure 6 - The Existing driveway on the north side yard Figure 7 - The existing south side yard where the 1.1 m walkway is proposed. 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 Secondary Plan. The intent of this designation is to accommodate single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings containing a maximum of three dwelling units, small lodging houses, small residential care facilities, home businesses, and private home daycare. Staff is of the opinion that the requested variance will facilitate a use of the property that will meet 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 472.7 square metres, which is greater than the minimum required 395 square metres. The additional lot area supports the use of the property for three dwelling units. In addition, the south side yard allows for the 1.1 metre walkway emergency access. Based on the above, the variance will meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The existing property is 0.6 metres less than the required lot width, but the lot area is larger than the minimum requirement of 395 square metres by 77.7 square metres, leaving adequate space in the rear yard (once the ADU is built) for a garage, parking area and a small amenity space. The 1.1-metre walkway can still be constructed between the ADU and the street. This makes the ADU accessible and helps mitigate the impacts of the reduced lot width. Staff is of the opinion that the variance will facilitate the provision of an additional dwelling unit while not presenting 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 variance to allow a reduction in lot width is desirable and appropriate as it allows for gentle intensification of the subject property, will make use of existing infrastructure, and supports Environmental Planning Comments: No natural heritage concerns. However, the applicant should be aware that there may be shared/boundary trees, root systems, which may be impacted, over the longer term, with the construction of Management Policies for assistance. 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 48 Betzner North is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers 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 detached additional dwelling 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 have no concerns with this application. Region of Waterloo Comments: No concerns. Grand River Conservation Authority 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 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 i Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 85-1 November 23, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) VAR KIT, Kitchener, ON N2G 4G7 807 FREDERICK STREET 1164603 ONTARIO LTD Subject: Committee of Adjustment Meeting December 12, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 137 48 Betzner Avenue North No concerns. 2) A 2023 - 138 136 River Road There are no conditions/concerns for the proposed development. However, the applicants are advised that the subject existing and the proposed dwellings would have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 139 107 Country Clair Street No Concerns. 4) A 2023 - 140 332 Prospect Avenue No conditions/concerns for the proposed development. However, the owners are advised that: a) The existing and the proposed dwellings may have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. b) The subject lands are located within the Airport Zoning Regulated area and specifically under the airport runway take-off approach surface and are accordingly subject to all provisions of Airport Zoning regulations. For any further information in this regard, please contact Jordan Vander Veen @ 519.575.4780 ext. 8514 Email: JVanderVeen@regionofwaterloo.ca 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎЋЏЋЉВ tğŭĻ Њ ƚŅ Ћ 5) A 2023 - 141 24 Cherry Street There are no concerns/requirements for the application. However, the owners are advised that the proposed and the existing dwellings may have impacts from the environmental noise (railway noise), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 6) A 2023 142 807 Frederick Street No Concerns. 7) A 2023 143 195 Franklin Street North 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 November 24, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting December 12, 2023 Applications for Minor Variance A 2023-13748 Betzner Avenue North A 2023-138136 River Road East A 2023-139107 Country Clair Street A 2023-140332 Prospect Avenue A 2023-14124 Cherry Street A 2023-142807 Frederick Street A 2023-143195 Franklin Street North Applicationfor Consent B 2023-04318 Stanley Avenue 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 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: November 29, 2023 REPORT NO.: DSD-2023-543 SUBJECT: Minor Variance Application A2023-138 136 River Road East RECOMMENDATION: That Minor Variance Application A2023-138 for 136 River Road East requesting relief from the following sections of Zoning By-law 2019-051: i) Section 7.3, Table 7-6, to permit a lot width of 19.1 metres instead of the minimum required 30 metres; ii) Section 7.3, Table 7-6, to permit an interior side yard setback of 3 metres instead of the minimum required 4.5 metres; iii) Section 7.3, Table 7-6, to permit a rear yard setback of 5.9 metres instead of the minimum required 7.5 metres; iv) Section 5.3 e) 1) to permit a parking lot to be set back 0.5 metres from the rear lot line instead of the minimum required 1.5 metres; v) Section 5.6, Table 5-5, to permit 0.7 parking spaces per dwelling unit (7 parking spaces) instead of the minimum required 1 parking space per dwelling unit (9 parking spaces); and vi) Section 5.6, Table 5-5, to permit 0.1 visitor parking spaces per dwelling unit (1 parking space) instead of the minimum required 0.15 visitor spaces per dwelling unit (2 parking spaces); generally, in accordance with drawings prepared by Russell Wilton and Pam Hallman, dated October 27, 2023, and submitted with Minor Variance Application A2023-138, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to facilitate the development of a 9-unit multiple dwelling building. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the East side of River Road East between Frederick Street and Rosemount Drive. The lands have an irregular shape at the rear of the lot. The subject lands currently contain a single detached dwelling. Figure 1: Location of Subject Property Community Areas Urban Structure and is Medium Rise Residential Land Use Plan. Medium Rise Residential Six Zone (RES-6-law 2019- 051. The purpose of the application is to facilitate the redevelopment of the lands with a 3- storey low rise multiple dwelling building containing 9 dwelling units and 8 parking spaces. A site plan application is not required for developments with 10 or fewer dwelling units. Figure 2: Site Layout Drawing 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 Medium Rise Residential in the Official Plan. The intent of this designation is to encourage a range of medium density housing and to encourage the mixing and integrating of innovative and different forms of housing. The requested variances allow for the development of an innovative building form, and maintain the general intent of the Official Plan. General Intent of the Zoning By-law Lot width The intent of the regulation that requires 30 metres of lot width is to provide adequate space for transition, medium rise built form, and site functionality for a medium rise development. The applicant is unable to consolidate the property with surrounding lands after unsuccessful attempts and is instead seeking to construct a low-rise building form on the subject lands. The provided 19.1 metre lot width is adequate for transition and site functionality for a low-rise built form and in the opinion of staff meets the general intent of the Zoning By-law. Interior Side Yard The intent of the regulation that requires a 4.5 metre side yard setback is to provide adequate building separation and for functional access to the rear yard. This setback regulation is intended for medium rise built forms of up to 8 storeys in height as permitted as of right in the RES-6 zone. In this situation, the applicant is proposing a low-rise built form of a 3 storey building.Staff is of the opinion that the proposed 3 metre setback is commiserate with a low-rise building form, matches the side yard setback for multiple dwellings in the low-rise residential zones, and therefore meets the general intent of the Zoning By-law. Rear Yard Setback The intent of the regulation that requires a 7.5 metre rear yard setback is to provide for adequate building separation and to provide sufficient on-site outdoor amenity space. The subject lands have a unique shape and placement on the block, being the only property with a front yard facing River Road on the block between Frederick Street and Rosemount Drive. This results in an unorthodox existing condition of building separation, with abutting properties being a mix of side and rear property lines facing the existing property. Further, the proposed building is located further from the rear property line than the current dwelling building. In regard to outdoor amenity, each unit is proposed to be provided with private outdoor amenity. This is comprised of an at-grade patio for the ground floor unit, functional (1.5 metres deep) balconies for the second floor units, and large outdoor terraces for the third floor units. the requested variance for a reduction in the rear yard setback meets the general intent of the Zoning By- law. Parking Lot Setback The intent of the regulation that requires a 1.5 metre setback for a parking lot is to ensure an adequate separation and landscape buffer can be provided, to provide a sufficient space for the planting of vegetation and trees. The applicant has provided a 1.5 metre landscape strip that surrounds the site and parking area; however, the irregular shape of the lot creates a situation in which a small portion of the property line (2.8 metres in length) abuts the visitor parking space at 0.5 metres. Staff consider this to be a technical variance brought upon by the irregular shape of the lot and acknowledge that the vast majority of the abutting property lines. Accordingly, it is staff opinion that the requested variance meets the general intent of the Zoning By-law. Parking and Visitor Parking The intent of the regulations that require 1.15 spaces per unit (1 parking space per dwelling unit plus 0.15 visitor spaces per dwelling unit) are to ensure adequate vehicle storage is provided on site for the proposed uses. The subject lands are located in an area well served by transit, as nearby GRT route 1, 20, and iXpress route 204 are available in close walking distance. To encourage active transportation, the applicant is proposing to provide secured bicycle parking at a rate of 1 space per dwelling unit instead of the minimum required 0.5 bicycle spaces per dwelling unit. The parking will be unbundled from the rent, allowing for units to be rented without a parking space. Planning staff is of the opinion that the proposed parking supply of 8 parking spaces will be sufficient for a development with this unit typology, and therefore the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the requested minor variances are considered to be minor, as the development concept has considered design principles and means of functionality in order for the site to perform as a low-rise multiple built form. Planning staff are of the opinion that any effects of the requested variances are considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances allow for the development of the lands with a built form and scale that is appropriate to the lot size and location of the lands. The zoning allows for medium rise development, but due to the lot size it is more appropriate for a low-rise development. he requested variances allow for the appropriate development and use of the lands. Environmental Planning Comments: No environmental planning concerns. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the apartment building 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: Parkland Dedication will be assessed and required for the proposed fourth to ninth residential units at the time of Building Permit application. Parkland dedication will be paid prior to the issuance of the Building Permit. There is an existing City-owned street tree that will 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 the existing tree; an ISA valuation of City-owned tree and any required securities or compensation for removed trees will be required to the satisfaction of Parks and Cemeteries as part of a Building Permit submission and approval. Transportation Planning Comments: Transportation Services have reviewed the provided parking justification and are of the opinion that the proposed 8 parking spaces for 9 units is sufficient for this development. However, to further assist in reducing on-site vehicle parking demand and support for a reduced parking rate, parking spaces must be unbundled for the cost of a unit. Unbundled parking allows residents to only pay for parking that they need, rather than the cost being automatically included with the unit. Region of Waterloo Comments: There are no conditions/concerns for the proposed development. However, the applicants are advised that the subject existing and the proposed dwellings would have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 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 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: No attachments. November 23, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) VAR KIT, Kitchener, ON N2G 4G7 807 FREDERICK STREET 1164603 ONTARIO LTD Subject: Committee of Adjustment Meeting December 12, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 137 48 Betzner Avenue North No concerns. 2) A 2023 - 138 136 River Road There are no conditions/concerns for the proposed development. However, the applicants are advised that the subject existing and the proposed dwellings would have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 139 107 Country Clair Street No Concerns. 4) A 2023 - 140 332 Prospect Avenue No conditions/concerns for the proposed development. However, the owners are advised that: a) The existing and the proposed dwellings may have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. b) The subject lands are located within the Airport Zoning Regulated area and specifically under the airport runway take-off approach surface and are accordingly subject to all provisions of Airport Zoning regulations. For any further information in this regard, please contact Jordan Vander Veen @ 519.575.4780 ext. 8514 Email: JVanderVeen@regionofwaterloo.ca 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎЋЏЋЉВ tğŭĻ Њ ƚŅ Ћ 5) A 2023 - 141 24 Cherry Street There are no concerns/requirements for the application. However, the owners are advised that the proposed and the existing dwellings may have impacts from the environmental noise (railway noise), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 6) A 2023 142 807 Frederick Street No Concerns. 7) A 2023 143 195 Franklin Street North 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 November 24, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting December 12, 2023 Applications for Minor Variance A 2023-13748 Betzner Avenue North A 2023-138136 River Road East A 2023-139107 Country Clair Street A 2023-140332 Prospect Avenue A 2023-14124 Cherry Street A 2023-142807 Frederick Street A 2023-143195 Franklin Street North Applicationfor Consent B 2023-04318 Stanley Avenue 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:Alexandre Thibault on behalf of Proximity To:Committee of Adjustment (SM) Subject:2023-12-07_CNcomments_Kitchener_Agenda - Committee of Adjustment - Tuesday, December 12, 2023 Date:Thursday, December 7, 2023 7:34:25 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png Hello dear Committee of Adjustment, Thank you for circulating the agenda for the 12 December to CN. It is noted that some sites are within 1000 meters of CN’s rail yard or within 300 meters of CN’s main line. CN has concerns of developing/densifying residential uses in proximity to railway operations. Development of sensitive uses in proximity to railway operations cultivates an environment in which land use incompatibility issues are exacerbated. CN's guidelines reinforce the safety and well-being of any existing and future occupants of the area. Please refer to CN's guidelines for the development of sensitive uses in proximity to railways. These policies have been developed by the Railway Association of Canada and the Federation of Canadian Municipalities. The guideline is available at the following link : Land use planning around rail corridors: railway proximity guidelines | Federation of Canadian Municipalities (fcm.ca) Concerning the following files : A 2023-142 - 807 Frederick Street A 2023-138 -136 river Road East CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval: The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 1000m of the railway right-of-way: “Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 1000 metres from the land the subject hereof. There may be alterations to or expansions of the railyard facilities on such rights-of-way in the future including the possibility that the railyard 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 Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. Concerning the following file : A 2023-141 - 24 Cherry Street CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval: The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: “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 hereof. 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.” Best regards, E:proximity@cn.ca 1600, René-Lévesque Ouest, 11e étage Montréal (Québec) H3H1P9 CANADA wsp.com From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: Friday, November 24, 2023 11:59 AM Subject: Agenda - Committee of Adjustment - Tuesday, December 12, 2023 CAUTION: This email originated from outside CN:DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe. AVERTISSEMENT : ce courriel provient d’une source externe au CN:NE CLIQUEZ SUR AUCUN lien ou pièce jointe à moins de reconnaitre l’expéditeur et d'avoir VÉRIFIÉ la sécurité du contenu. Good morning, Theagenda for the December 12, 2023 Committee of Adjustment meeting is now available on our Council/Committee calendar. The combined agenda with reports will be posted to the meeting calendar by noon on Friday, December 8, 2023. 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 From: To:Committee of Adjustment (SM) Cc: of Adjustments Date:Friday, December 1, 2023 8:37:45 AM Christine Regan Dec 1 2023 City of Kitchener Planning and Development Department 200 King Street West Kitchener, ON N2G 4G7 Dear Sir/Madam, RE: Refusal of Variance for Property at 136 River Road I hope this letter finds you well. First and foremost, allow me to express my appreciation for the opportunity to provide feedback regarding the variance of property at 136 River Road. I am writing to express my strong opposition to the proposed variance, which aims to reduce the rear yard setback from the required 7.5 meters to a mere 5.9 meters. While I understand the importance of development and progress in our community, I firmly believe that this variance would have a detrimental impact on the enjoyment of my own backyard, as well as the careful maintenance of my beloved gardens. I have put immense effort over the last 30 years into creating a serene and enjoyable outdoor space, which has become a sanctuary where we can unwind and appreciate the beauty of nature as a family. Reducing the rear yard setback to such a limited distance would significantly compromise the privacy and tranquility we currently enjoy. It would result in an overshadowing effect, as 136 River Road already sits higher than my property. The proposed variance would lead to an intrusion of additional noise, visual disturbances, and a loss of natural sunlight - all of which are key ingredients contributing to the beauty and peacefulness of my backyard. I would like to emphasize the importance of maintaining a peaceful and enjoyable environment in residential areas. As a homeowner residing in close proximity to the property in question, the proposed variance of reducing the rear yard setback would inevitably lead to a compromised sense of seclusion and uninterrupted enjoyment. The close proximity of the neighboring structure would undoubtedly result in a loss of privacy for both my family as well as the residents of the proposed property. Moreover, it is crucial to consider the long-term implications of this variance. 136 River Road, as part of the wider neighborhood, contributes to the overall visual aesthetics and character of the area. By allowing such alterations, the architectural integrity and harmony of the neighborhood could be compromised. This could potentially reduce property values and negatively impact the desirability of the entire neighborhood. Additionally, I worry about the potential impact on my meticulously cultivated gardens. Many of the plants in my garden rely on a certain amount of sunlight and air circulation to thrive. A reduction in the rear yard setback would cast a shadow over my gardens for a significant portion of the day, hindering their growth and potentially leading to their decline. These gardens have not only been a source of joy for me, but they have also been admired by our neighbors and add aesthetic value to the entire neighborhood. In light of these concerns, I kindly implore you to refuse the variance of the property at 136 River Road. By doing so, you would not only preserve the privacy, tranquility, and aesthetics of our neighborhood but also ensure the continued enjoyment of my backyard as a quiet haven. I trust that you will take these factors into careful consideration when making your decision. Thank you for your attention to this matter. I understand the importance of balancing the needs of the community and individual property owners, and I trust that you will thoroughly consider the potential impact of the proposed variance on my property. I believe that this setback is essential to protect the privacy and enjoyment of my backyard, as well as the health and vibrancy of my gardens. Should you require any additional information or need further clarification regarding my concerns, please do not hesitate to contact me using the contact information provided above. I appreciate your time and consideration, and I am confident that you will make the right decision. Thank you for your dedication to maintaining and improving the quality of life within our community. Yours faithfully, Christine Regan From: To:Committee of Adjustment (SM) Subject:Attention Committee of Adjustments Date:Friday, December 8, 2023 8:34:30 AM You don't often get email from Christine Regan Dec 5 2023 City of Kitchener Planning and Development Department 200 King Street West Kitchener, ON N2G 4G7 Dear Sir/Madam, I recently received a second letter from your office regarding Supplementary A 2023- 138, pertaining to the variance request for 136 River Road. I appreciate the time and effort that has been put into addressing these concerns. In the letter, it was mentioned that a setback of 6.1m is now being proposed, which deviates from the minimum requirement of 7.5m. Additionally, the request aims to permit a parking lot to be set back a minimum of 0.5m from our lot line, rather than the required 1.5m. Although I understand the objective behind these variations, it is important to express my continued concerns regarding the encroachment upon my property. In short, the variances that are proposed will result in the reduction of my property value. A multi-storey building overlooking my backyard will negatively impact any potential buyers in the future. Moreover, it will change the tone and feel of the property and the enjoyment of the land it sits on. My husband and I have spent thousands of dollars and countless hours making our backyard into an oasis. We use this area as an extension of our living space. We recognize that not everyone uses their backyards. Some use theirs sparingly. Perhaps somewhat unusually, we use our backyard and its amenities nearly every single day, year round. My husband Richard Ware is a veteran after 28 years with the Canadian military. After being injured overseas while in service to our country, Richard uses the backyard hot tub daily as physical therapy for his permanent injuries, as well as for his mental health. This is a critical daily routine that allows him to continue to work and contribute to the Canadian economy. My work as an Educational Assistant working with vulnerable high school students with special needs also comes with its significant stressors and traumas. We both use our backyard space as a refuge. We eat outside most evenings (weather permitting), we cook outside on our BBQ or custom made pizza oven, we enjoy evening campfires and afternoon gardening, and we entertain family and friends on a regular basis. The variance proposed would bring unwanted guests into our oasis. It would allow more people to see over the fence into our space. It would disturb our privacy and the enjoyment of our space. We recognize the critical need both in the City of Kitchener and the Province of Ontario for more housing. We are not opposed to the building itself and accept that progress has benefits and drawbacks. What we are opposed to is amplifying those drawbacks to benefit a developer at the cost of Richard and I. We will already be losing property value. We will already be losing privacy. For the sake of the greater good, we do not oppose. Please, however, do not make our losses greater by bringing the building or the parking lot closer to us. I would like to emphasize the importance of adhering to the required setback regulations, as they have been put in place to ensure a harmonious coexistence among neighboring properties. By maintaining the stipulated distance, we can preserve the privacy and enjoyment of our respective outdoor spaces without infringing upon one another. Once again, thank you for your attention and the time you have dedicated to reviewing this matter. I look forward to your positive response. Christine Regan and Richard Ware Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: November 24, 2023 REPORT NO.: DSD-2023-532 SUBJECT: Minor Variance Application A2023-139 107 Country Clair St. RECOMMENDATION: That Minor Variance Application A2023-139 for 107 Country Clair Street requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit a rear yard setback of 2.5 metres instead of the minimum required 7.5 metres to facilitate the construction of a sunroom addition at the rear of the existing detached dwelling, generally in accordance with drawings prepared by Sunspace by Tropical Sunrooms Inc., dated November 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a sunroom addition at the rear of the existing detached dwelling. The key finding of this report is that the minor variance 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 s website with the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is a corner lot containing a detached dwelling located on Country Clair Street. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 Ariel Photo of the Subject Property on Map 2 Urban Structure and is on Map 3 Low Rise Residential Three Zone (RES-3-law 2019- 051. The purpose of the application is to review a minor variance application to facilitate the construction of a sunroom addition at the rear of the existing detached dwelling. The subject property currently contains a detached dwelling, which has a front yard setback of 5.7 metres, a right side yard setback of 1.3 metres, and a left side yard setback of 5.5 metres, which all exceed the minimum setback requirements outlined in Zoning By-law 2019-051. The existing rear yard setback is approximately 7.7 metres, which is greater than the minimum requirement of 7.5 metres. The applicant is proposing to add a sunroom at the rear of the subject property. The proposed dimensions of the sunroom are 5.18 metres in length, and 3.66 metres in width (as shown in Figure 2). As the existing rear yard setback is 7.7 metres, the proposed sunroom addition with a length of 5.18 metres would result in a rear yard setback of 2.5 metres, which does not meet the minimum requirement set out in the Zoning By-law. Accordingly, a minor variance is requested to allow a rear yard setback of 2.5 metres. Figure 2 Site Plan Figure 3 Left Elevation rd Staff conducted a site visit to the subject property on November 23, 2023. Figure 3 Front View of Subject Property Figure 4 Rear Yard 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 The subject property is designat Land Use. This designation places emphasis on compatibility of building form with respect to massing, scale, and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. It is the opinion of staff that the existing use and proposed addition conforms to the land use designation. Accordingly, the variance to facilitate the sunroom addition will meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of Section 7.3, Table 7-2, is to ensure that the built form of residential dwellings is appropriate for the lot and for the surrounding neighbourhood. The minimum rear yard setback requirement is to ensure adequate private amenity space for residents, as well as adequate separation between buildings on adjacent properties. Staff are of the opinion that that the minor variance meets the intent of the By-law, as the larger side yard setbacks would continue to provide adequate private amenity space, and there is a fence between the subject property and the adjacent property facing the rear yard. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the requested variance is minor. The privacy concerns related to the adjacent properties are minimal, as the sunroom will be setback 2.5 metres from the rear lot line and there is a fence between the subject property and the adjacent property facing the rear yard. Further, the majority of the main wall of the principal dwelling will continue to be setback the minimum 7.5 metres and there will continue to be adequate amenity space in the rear and side yard for the residents. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the variance to reduce the minimum rear yard setback is appropriate for the desirable development of the lands as it will facilitate the expansion of amenity space for the dwelling, increasing the functioning and desirability of the residential property. Environmental Planning Comments: There are no natural heritage or tree management concerns. Heritage Planning Comments: Heritage Planning Staff have no concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the sunroom addition. Engineering Division Comments: Engineering Division has no concerns. Parks/Operations Division Comments: Parks/Operations Division has no concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority Comments: The GRCA has no concerns. Region of Waterloo Comments: The Region of Waterloo 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 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 Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 November 23, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) VAR KIT, Kitchener, ON N2G 4G7 807 FREDERICK STREET 1164603 ONTARIO LTD Subject: Committee of Adjustment Meeting December 12, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 137 48 Betzner Avenue North No concerns. 2) A 2023 - 138 136 River Road There are no conditions/concerns for the proposed development. However, the applicants are advised that the subject existing and the proposed dwellings would have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 139 107 Country Clair Street No Concerns. 4) A 2023 - 140 332 Prospect Avenue No conditions/concerns for the proposed development. However, the owners are advised that: a) The existing and the proposed dwellings may have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. b) The subject lands are located within the Airport Zoning Regulated area and specifically under the airport runway take-off approach surface and are accordingly subject to all provisions of Airport Zoning regulations. For any further information in this regard, please contact Jordan Vander Veen @ 519.575.4780 ext. 8514 Email: JVanderVeen@regionofwaterloo.ca 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎЋЏЋЉВ tğŭĻ Њ ƚŅ Ћ 5) A 2023 - 141 24 Cherry Street There are no concerns/requirements for the application. However, the owners are advised that the proposed and the existing dwellings may have impacts from the environmental noise (railway noise), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 6) A 2023 142 807 Frederick Street No Concerns. 7) A 2023 143 195 Franklin Street North 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 November 24, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting December 12, 2023 Applications for Minor Variance A 2023-13748 Betzner Avenue North A 2023-138136 River Road East A 2023-139107 Country Clair Street A 2023-140332 Prospect Avenue A 2023-14124 Cherry Street A 2023-142807 Frederick Street A 2023-143195 Franklin Street North Applicationfor Consent B 2023-04318 Stanley Avenue 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 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: November 28, 2023 REPORT NO.: DSD-2023-533 SUBJECT: Minor Variance Application A2023-140 332 Prospect Avenue RECOMMENDATION: That Minor Variance Application A2023-140 for 332 Prospect Avenue requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, i) to permit a lot area of 342.2 square metres instead of the minimum required 395 square metres; and ii) to permit a rear yard setback of 4.6 metres at the northwest corner of the proposed building and a rear yard setback of 6.9 metres at the northeast corner of the proposed building, instead of the minimum required 7.5 metres; to facilitate the construction of a detached dwelling with two (2) Additional Dwelling Units (ADU) (Attached) (Triplex), generally in accordance with drawings prepared by Bobicon Ltd., dated October 30, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review minor variances to facilitate the construction of a detached dwelling with two (2) Additional Dwelling Units (ADU) (Attached) (Triplex). The key finding of this report is that the minor variances meet 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 s website with the agenda in advance of the Committee 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 a vacant lot located near the intersection of Kenneth Avenue and Prospect Avenue. Figure 1 Ariel Photo of Subject Property Urban Structure and is esidential Four Zone (RES--law 2019- 051. - In August 2023, the subject property was approved for a minor variance to permit a rear yard setback of 4.6 metres and 6.9 metres instead of the minimum required 7.5 metres, in order to facilitate the construction of a single detached dwelling (Minor Variance Application A2023-100). As of November 2023, the applicant has altered the building proposal to contain two (2) Additional Dwelling Units (Attached) (Triplex). As such, the purpose of the current application is to review minor variances to facilitate the construction of a detached dwelling with two (2) Additional Dwelling Units (Attached) (Triplex). The proposed site plan for the triplex indicates a rear yard setback of 4.9 metres on the left side of the rear yard and a setback of 6.9 metres on the right side of the rear yard. As a result of the irregular shape of the rear area of the property and the proposed design of the triplex, the minimum rear yard setback of 7.5 metres is not able to be met, and a minor variance is requested. Staff note that requested minor variance is for a 4.6 metre setback on the left side of the rear yard, while the site plan (Figure 2) denotes a 4.9 metre setback. This is due to the fact that the subject property was previously approvedby the Committee of Adjustmentfor a 4.6 metre setback and the applicant would like to maintain the previously approved variance. Further, the lot area of the subject property is 342.2 square metres. While this lot area meets the minimum requirement of 235 square metres in the Zoning By-law for a single detached dwelling (as per the previous proposal), Section 4.12.2 d) states that for a detached dwelling containing two ADUs (Attached) (Triplex) the minimum lot area shall be the greater of 395 square metres or the minimum requirement set out in Section 7.3, Table 7-2. As such, a minor variance is requested to permit a lot area of 342.2 square metres. Three (3) tandem parking spaces are proposed to be located in the driveway which will satisfy the parking requirement and zoning regulation for a triplex dwelling. Figure 2 Site Plan Figure 3 Front Elevation Figure 4 Photo of Subject Property rd Staff conducted a site visit to the subject property on November 23, 2023. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan Land Use. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. This designation places emphasis on compatibility of building form with respect to massing, scale, and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. It is the opinion of staff that the variance to facilitate the proposed use of a detached dwelling with two ADUs (Attached) meets the general intent of the Official Plan. General Intent of the Zoning By-law Minimum Rear Yard Setback The general intent of the rear yard setback requirement is to ensure that there is an adequate separation from adjacent properties with respect to privacy concerns, and that there is appropriate amenity space for residents. The proposed site plan indicates that there will be adequate amenity space for residents in the rear yard, due to the shape of the lot. The privacy concerns appear minimal due to the existing fence and the larger rear yard setbacks on adjacent properties. As such, staff is of the opinion that the previously approved minor variances to permit a reduced rear yard are appropriate for a triplex and meet the general intent of the Zoning By-law. Minimum Lot Area The general intent of the minimum lot area requirement of 395 square metres is to ensure the use can function accordingly on the lot including providing required parking and an adequate amenity space for residents/tenants. Staff is of the opinion that the variance to permit a reduced lot area meets the general intent of the By-law, as 342.2 square metres is still an appropriate lot area as required parking and sufficient amenity area can still be provided on site. Further, the proposed lot coverage of under approximately 30% is lower than the maximum permitted 55% lot coverage, and the proposed landscaped area exceeds the 20% minimum requirement. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variance is minor, as any privacy concerns related to adjacent properties are minimal, the reduced rear yard setback will still provide a sufficient amenity area and will not have 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? Planning staff is of the opinion that the variances to reduce the minimum rear yard setback and to permit a smaller lot area is appropriate for the desirable development of the lands, as they will support a gentle intensification of the property with the creation of three dwelling units The variances will facilitate the construction of triplex on an irregular-shaped lot. The proposed elevation drawings (Figure 3) demonstrates that the proposed building will be compatible with the built form in the neighbourhood. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: Heritage Planning has no concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for a single detached dwelling with two Additional Dwelling Units are obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Engineering Division has no concerns. Parks/Operations Division Comments: Parks/Operations Division has no concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority Comments: The GRCA has no concerns. Region of Waterloo Comments: No conditions/concerns for the proposed development. However, the owners are advised that: a) The existing and the proposed dwellings may have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. b) The subject lands are located within the Airport Zoning Regulated area and specifically under the airport runway take-off approach surface and are accordingly subject to all provisions of Airport Zoning regulations. For any further information in this regard, please contact Jordan Vander Veen @ 519.575.4780 ext. 8514 Email: JVanderVeen@regionofwaterloo.ca 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 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 addi Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 DSD-2023-342 November 23, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) VAR KIT, Kitchener, ON N2G 4G7 807 FREDERICK STREET 1164603 ONTARIO LTD Subject: Committee of Adjustment Meeting December 12, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 137 48 Betzner Avenue North No concerns. 2) A 2023 - 138 136 River Road There are no conditions/concerns for the proposed development. However, the applicants are advised that the subject existing and the proposed dwellings would have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 139 107 Country Clair Street No Concerns. 4) A 2023 - 140 332 Prospect Avenue No conditions/concerns for the proposed development. However, the owners are advised that: a) The existing and the proposed dwellings may have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. b) The subject lands are located within the Airport Zoning Regulated area and specifically under the airport runway take-off approach surface and are accordingly subject to all provisions of Airport Zoning regulations. For any further information in this regard, please contact Jordan Vander Veen @ 519.575.4780 ext. 8514 Email: JVanderVeen@regionofwaterloo.ca 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎЋЏЋЉВ tğŭĻ Њ ƚŅ Ћ 5) A 2023 - 141 24 Cherry Street There are no concerns/requirements for the application. However, the owners are advised that the proposed and the existing dwellings may have impacts from the environmental noise (railway noise), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 6) A 2023 142 807 Frederick Street No Concerns. 7) A 2023 143 195 Franklin Street North 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 November 24, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting December 12, 2023 Applications for Minor Variance A 2023-13748 Betzner Avenue North A 2023-138136 River Road East A 2023-139107 Country Clair Street A 2023-140332 Prospect Avenue A 2023-14124 Cherry Street A 2023-142807 Frederick Street A 2023-143195 Franklin Street North Applicationfor Consent B 2023-04318 Stanley Avenue 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 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: November 29, 2023 REPORT NO.: DSD-2023-530 SUBJECT: Minor Variance Application A2023-141 24 Cherry Street RECOMMENDATION: That Minor Variance Application A2023-141 for 24 Cherry Street requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.12.3 e) to permit a lot to have a width of 12.1 metres instead of the minimum required 13.1 metres; and ii) Section 4.12.3 n) to allow an unobstructed walkway that is 1.05 metres in width, for a small portion of the walkway adjacent to a bay window, instead of the minimum required 1.1 metres; to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by Andy Tran, dated October 26, 2023, BE APPROVED subject to the following conditions: 1. That the Owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 2. That the Owner 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: Applicant is advised that the subject land is located within *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to facilitate the development of the subject property with an Additional Dwelling Unit (ADU) (Detached). The key finding of this report is that the requested minor variances meet the four tests of the Planning Act. There are no financial implications. Community engagement included 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 repor Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on Cherry Street in between Park Street and Walnut Street. The rear yard of the subject property abuts Cherry Park. The existing use of the subject property is a single detached dwelling. Figure 1 Location of Subject Property The subject property Community Areas Urban Structure and is Low Rise Residential Low Rise Residential Four Zone (RES-4-law 2019- 051. The purpose of the application is to request minor variances to facilitate the development of the subject property with an ADU (Detached) in the rear yard. The requested variance to Section 4.12.3 e) is necessary to accommodate for the existing lot dimensions. The requested variance to Section 4.12.3 k) is necessary to accommodate for the existing bay window, which would protrude slightly into the proposed access to the ADU (Detached) in the rear yard. rallel to the side of the lot. Figure 2 Photograph of Subject Property Figure 3 Location of Proposed Access 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 - This designation permits a full range of low density housing types including duplexes, additional dwelling units, and other forms of low-rise housing. The intent of this designation is to ensure compatibility of building form, with respect to massing, scale and design in order to support the successful integration of a range of building types. It also places emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. As the existing dwelling with an ADU (Detached) is permitted within the land use designation, Staff is of the opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Width of a Lot: The requested variance to Section 4.12.3 e) of Zoning By-law 2019-051 would permit a lot to have a width of 12.1 metres instead of the minimum required 13.1 metres, to facilitate the development of an ADU (Detached) in the rear yard of the subject property. The intent of this regulation is to ensure that the lot is an adequate size to be able to accommodate the ADU (Detached), have sufficient amenity space and is able to accommodate the necessary access and required parking. In this instance, the lot is quite deep and despite the 1 metre deficiency in lot width the lot is 611 square metres in area and well exceeds the minimum required 395 square metres. The proposed ADU will meet and exceedthe minimum required setbacks, the rear yard will provide a more than adequate amenity space and parking and access can be provided. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Width of an Unobstructed Walkway: The requested variance to Section 4.12.3 n) of Zoning By-law 2019-051 would permit an unobstructed walkway to have a width of 1.05 metres for a small portion of a walkway adjacent to an existing bay window instead of the minimum required 1.1 metres. The intent of this regulation is to ensure that access to the proposed ADU (Detached) in the rear yard is suitable for future residents. The proposed access will only be less than the minimum required 1.1 metres for a small portion adjacent to the existing bay window. The fence line does not extend past the bay window, meaning that the proposed access to the rear yard would not be physically impeded in the area surrounding the bay window. Staff is of the opinion that the requested variance 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 effects of the variances are minor. The minimum required side yard and rear yard setbacks are exceeded, mitigating the potential for overlook from the proposed ADU (Detached). Additionally, the proposed access will be reduced only by several centimeters and only for a small portion of the distance. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the variances are desirable and appropriate for the use of the land as it will support a gentle intensification of the property, will make use of existing Environmental Planning Comments: No trees will be affected by ADU. No natural heritage or tree management policy issues. Grand River Conservation Authority Comments: GRCA has no objection to the approval of the application. 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 24 Cherry Street is located within the Warehouse District High Priority CHL. The owner and the public will be consulted as the City considers 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 variances provided building permit for the detached additional dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: The side yard currently accommodates overland stormwater flows from the rear yard. A sidewalk is required to the rear yard in accordance with the Zoning By-law. The final grading of this property shall not adversely affect the drainage of adjacent properties or the overall grading control plan. The Owner is responsible to address storm water drainage at the Building Permit stage. Parks/Operations Division Comments: The property is adjacent to Cherry Park where there are numerous City-owned trees and construction of the detached ADU is proposed near the shared property line. There is an existing wooden fence along the property line that will offer necessary tree protection and no further submissions or tree protection fencing is required. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: There are no concerns/requirements for the application. However, the owners are advised that the proposed and the existing dwellings may have impacts from the environmental noise (railway noise), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. Metrolinx Comments: The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. Conditions of Approval: As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). 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: The Applicant is advised that the subject land is located within that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact me. 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 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Site Plan Attachment A Site Plan November 23, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) VAR KIT, Kitchener, ON N2G 4G7 807 FREDERICK STREET 1164603 ONTARIO LTD Subject: Committee of Adjustment Meeting December 12, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 137 48 Betzner Avenue North No concerns. 2) A 2023 - 138 136 River Road There are no conditions/concerns for the proposed development. However, the applicants are advised that the subject existing and the proposed dwellings would have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 139 107 Country Clair Street No Concerns. 4) A 2023 - 140 332 Prospect Avenue No conditions/concerns for the proposed development. However, the owners are advised that: a) The existing and the proposed dwellings may have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. b) The subject lands are located within the Airport Zoning Regulated area and specifically under the airport runway take-off approach surface and are accordingly subject to all provisions of Airport Zoning regulations. For any further information in this regard, please contact Jordan Vander Veen @ 519.575.4780 ext. 8514 Email: JVanderVeen@regionofwaterloo.ca 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎЋЏЋЉВ tğŭĻ Њ ƚŅ Ћ 5) A 2023 - 141 24 Cherry Street There are no concerns/requirements for the application. However, the owners are advised that the proposed and the existing dwellings may have impacts from the environmental noise (railway noise), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 6) A 2023 142 807 Frederick Street No Concerns. 7) A 2023 143 195 Franklin Street North 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 November 24, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting December 12, 2023 Applications for Minor Variance A 2023-13748 Betzner Avenue North A 2023-138136 River Road East A 2023-139107 Country Clair Street A 2023-140332 Prospect Avenue A 2023-14124 Cherry Street A 2023-142807 Frederick Street A 2023-143195 Franklin Street North Applicationfor Consent B 2023-04318 Stanley Avenue 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 To: Kitchener - Committee of Adjustment From: Adjacent Developments GO Expansion & LRT - Third Party Projects Review - Metrolinx th Date: November 27, 2023 Re: A 2023-141 24 Cherry Street, Toronto Metrolinx is in receipt of the minor variance application for 24 Cherry Street, Kitchener, to facilitate the construction of an additional dwelling unit in the rear of the property and to allow a reduced walkway to said additional dwelling unit. The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. Conditions of Approval: As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: Warning: railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street | Toronto | Ontario | M5J 2N8 1 Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the Easement Lands IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contrary to law applicable to Metrolinx) with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the above easement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. 2 From:Alexandre Thibault on behalf of Proximity To:Committee of Adjustment (SM) Subject:2023-12-07_CNcomments_Kitchener_Agenda - Committee of Adjustment - Tuesday, December 12, 2023 Date:Thursday, December 7, 2023 7:34:25 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png Hello dear Committee of Adjustment, Thank you for circulating the agenda for the 12 December to CN. It is noted that some sites are within 1000 meters of CN’s rail yard or within 300 meters of CN’s main line. CN has concerns of developing/densifying residential uses in proximity to railway operations. Development of sensitive uses in proximity to railway operations cultivates an environment in which land use incompatibility issues are exacerbated. CN's guidelines reinforce the safety and well-being of any existing and future occupants of the area. Please refer to CN's guidelines for the development of sensitive uses in proximity to railways. These policies have been developed by the Railway Association of Canada and the Federation of Canadian Municipalities. The guideline is available at the following link : Land use planning around rail corridors: railway proximity guidelines | Federation of Canadian Municipalities (fcm.ca) Concerning the following files : A 2023-142 - 807 Frederick Street A 2023-138 -136 river Road East CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval: The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 1000m of the railway right-of-way: “Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 1000 metres from the land the subject hereof. There may be alterations to or expansions of the railyard facilities on such rights-of-way in the future including the possibility that the railyard 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 Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. Concerning the following file : A 2023-141 - 24 Cherry Street CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval: The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: “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 hereof. 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.” Best regards, E:proximity@cn.ca 1600, René-Lévesque Ouest, 11e étage Montréal (Québec) H3H1P9 CANADA wsp.com From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: Friday, November 24, 2023 11:59 AM Subject: Agenda - Committee of Adjustment - Tuesday, December 12, 2023 CAUTION: This email originated from outside CN:DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe. AVERTISSEMENT : ce courriel provient d’une source externe au CN:NE CLIQUEZ SUR AUCUN lien ou pièce jointe à moins de reconnaitre l’expéditeur et d'avoir VÉRIFIÉ la sécurité du contenu. Good morning, Theagenda for the December 12, 2023 Committee of Adjustment meeting is now available on our Council/Committee calendar. The combined agenda with reports will be posted to the meeting calendar by noon on Friday, December 8, 2023. 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 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: December 4, 2023 REPORT NO.: DSD-2023-538 SUBJECT: Minor Variance Application A2023-142 807 Frederick Street RECOMMENDATION: 1. That Minor Variance Application A2023-142 for 807 Frederick Street requesting relief from Section 5.3.3 b) i) of Zoning By-law 2019-051, to permit required parking spaces to be located in the front yard and within 3 metres of a street line whereas the Zoning By-law does not permit required parking within the front yard or within 3 metres of a street line, in accordance with Site Plan Application SP23/056/F/ES, BE APPROVED. 2. That Minor Variance Application A2023-142 for 807 Frederick Street requesting relief from Section 5.3 a) of Zoning By-law 2019-051, to not provide a required visual barrier between a parking lot and an abutting residential lot line, whereas a visual barrier is required, BE REFUSED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances for parking within the front yard and within 3 metres of a street line, and to not provide a visual barrier for the redevelopment of the lands by adding a 16-unit multiple dwelling building to the existing multiple dwelling site. 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 Committee 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 located on the southeast side of Frederick Street between River Road East and Victoria Street North. The subject lands are developed with two 6-storey apartment buildings containing 94 dwelling units, as well as a 2-storey single detached building. Figure 1: Location of Subject Property The subject property is identified as a Community Area Urban Structure and Medium Rise Residential Plan. Medium Rise Residential Six Zone (RES-6-law 2019- 051. The purpose of the application is to facilitate an infill redevelopment on the existing lands. The applicant is proposing to demolish the existing single detached dwelling on site and replace it with a 3.5 storey multiple dwelling building containing 16 dwelling units. The applicant has received Conditional Approval of Site Plan Application SP23/056/F/ES to permit the development, subject to the required minor variances in this report. Figure 2: Site Plan Figure 3: View of Existing Site (November 22, 2023) 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: Parking within front yard and 3 metres of a street line General Intent of the Official Plan intent of the Medium Rise Residential designation is to accommodate a range of medium density housing types, including townhouse dwellings in a cluster development, multiple dwellings and special needs housing. The existing parking spaces on the site serve an existing medium rise development, and no changes are proposed to those existing parking spaces are proposed. Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that does not permit required parking to be located in the front yard or within 3 metres of a street line is to enhance the streetscape with built form and landscaping rather than the streetscape being dominated with automobile storage. It is also intended to facilitate a comfortable walking experience for pedestrians at the street line by providing a buffer from parking areas. The parking space location within the front yard and within 3 metres of a street line is existing and is sufficiently screened by a landscape hedge row and other vegetation. Staff are of the opinion that the requested variances meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? No physical changes are proposed to the quantity or location of the parking spaces in the area affected by the requested variance. Staff is of the opinion that the effects of the variance are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The lands are currently developed with multiple dwelling buildings, and the parking spaces in the front yard and within 3 metres of the street line are existing and not proposed to change in layout or location. Staff are of the opinion that the requested variance is appropriate for the development and use of the lands. Visual Barrier General Intent of the Official Plan l Plan. The intent of the Medium Rise Residential designation is to accommodate a range of medium density housing types, including townhouse dwellings in a cluster development, multiple dwellings and special needs housing. The use of the lands as medium density housing is remaining the same, and the requested variance to not provide a visual barrier does not interfere with the intent of the Official Plan. Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires a visual barrier (vegetated buffer or 1.8 metre wood fence) is to protect residential lands from the adverse effects abutting parking areas on adjacent lands. This is to effectively screen the parking areas from residential buildings and amenity areas on adjacent sites, as well as prevent adverse light trespass from car headlights shining into residential windows and doors while coming and going from parking areas at night. The subject lands abut residential properties on the north and south internal side property lines. While staff is satisfied with the vegetative buffer of hedges, plants, and trees on the south internal side property line, the north side property line does not contain any vegetative buffer or a wooden fence (see Figure 4 below). Staff requested through Site Plan Application SP23/056/F/ES that the applicant provide a visual barrier on this property line in order to provide a buffer to the residentially zoned lands to the north. The abutting lands to the north currently contain an office for the Alzheimer Society of Canada, however with the lands zoned for residential it is possible that they will be redeveloped for residential purposes in the future. As the Zoning By-law requires the lands containing the parking area to provide the visual barrier, there would be no means in the future to ensure that future residential development on the abutting lands will be screened from the parking area of the subject lands if the visual barrier is not installed through Site Plan Application SP23/056/F/ES. The requested variance would not provide any visual barrier on this property line and could lead to direct adverse impacts to future residential development on abutting lands. Staff is of the opinion that the requested variance to not provide a visual barrier does not meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the requested variance could result in negative impacts to future residential development of the abutting lands. The impacts of a parking lot with no visual barrier could result in light trespass and nuisance for the abutting lands. Staff is of the opinion that the effects of the variance are not minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requirement for a visual barrier is to ensure harmonious development between neighbouring properties and strives to provide appropriate development of lands. By not providing a visual barrier, the applicant is causing potential adverse impacts to neighbouring residential lands which cannot be considered appropriate development of the lands in the opinion of Staff. Figure 4: View looking down North Property Line Figure 5: Existing Single Detached Dwelling to be Demolished (left side) South Property Line containing Vegetative Buffer as a Visual Barrier (right side) Environmental Planning Comments: No natural heritage or tree management concerns. 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: No parks/operations concerns. Transportation Planning Comments: Transportation Services have no concerns with this 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 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 i Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: No attachments. November 23, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) VAR KIT, Kitchener, ON N2G 4G7 807 FREDERICK STREET 1164603 ONTARIO LTD Subject: Committee of Adjustment Meeting December 12, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 137 48 Betzner Avenue North No concerns. 2) A 2023 - 138 136 River Road There are no conditions/concerns for the proposed development. However, the applicants are advised that the subject existing and the proposed dwellings would have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 139 107 Country Clair Street No Concerns. 4) A 2023 - 140 332 Prospect Avenue No conditions/concerns for the proposed development. However, the owners are advised that: a) The existing and the proposed dwellings may have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. b) The subject lands are located within the Airport Zoning Regulated area and specifically under the airport runway take-off approach surface and are accordingly subject to all provisions of Airport Zoning regulations. For any further information in this regard, please contact Jordan Vander Veen @ 519.575.4780 ext. 8514 Email: JVanderVeen@regionofwaterloo.ca 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎЋЏЋЉВ tğŭĻ Њ ƚŅ Ћ 5) A 2023 - 141 24 Cherry Street There are no concerns/requirements for the application. However, the owners are advised that the proposed and the existing dwellings may have impacts from the environmental noise (railway noise), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 6) A 2023 142 807 Frederick Street No Concerns. 7) A 2023 143 195 Franklin Street North 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 November 24, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting December 12, 2023 Applications for Minor Variance A 2023-13748 Betzner Avenue North A 2023-138136 River Road East A 2023-139107 Country Clair Street A 2023-140332 Prospect Avenue A 2023-14124 Cherry Street A 2023-142807 Frederick Street A 2023-143195 Franklin Street North Applicationfor Consent B 2023-04318 Stanley Avenue 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:Alexandre Thibault on behalf of Proximity To:Committee of Adjustment (SM) Subject:2023-12-07_CNcomments_Kitchener_Agenda - Committee of Adjustment - Tuesday, December 12, 2023 Date:Thursday, December 7, 2023 7:34:25 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png Hello dear Committee of Adjustment, Thank you for circulating the agenda for the 12 December to CN. It is noted that some sites are within 1000 meters of CN’s rail yard or within 300 meters of CN’s main line. CN has concerns of developing/densifying residential uses in proximity to railway operations. Development of sensitive uses in proximity to railway operations cultivates an environment in which land use incompatibility issues are exacerbated. CN's guidelines reinforce the safety and well-being of any existing and future occupants of the area. Please refer to CN's guidelines for the development of sensitive uses in proximity to railways. These policies have been developed by the Railway Association of Canada and the Federation of Canadian Municipalities. The guideline is available at the following link : Land use planning around rail corridors: railway proximity guidelines | Federation of Canadian Municipalities (fcm.ca) Concerning the following files : A 2023-142 - 807 Frederick Street A 2023-138 -136 river Road East CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval: The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 1000m of the railway right-of-way: “Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 1000 metres from the land the subject hereof. There may be alterations to or expansions of the railyard facilities on such rights-of-way in the future including the possibility that the railyard 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 Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. Concerning the following file : A 2023-141 - 24 Cherry Street CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval: The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: “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 hereof. 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.” Best regards, E:proximity@cn.ca 1600, René-Lévesque Ouest, 11e étage Montréal (Québec) H3H1P9 CANADA wsp.com From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: Friday, November 24, 2023 11:59 AM Subject: Agenda - Committee of Adjustment - Tuesday, December 12, 2023 CAUTION: This email originated from outside CN:DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe. AVERTISSEMENT : ce courriel provient d’une source externe au CN:NE CLIQUEZ SUR AUCUN lien ou pièce jointe à moins de reconnaitre l’expéditeur et d'avoir VÉRIFIÉ la sécurité du contenu. Good morning, Theagenda for the December 12, 2023 Committee of Adjustment meeting is now available on our Council/Committee calendar. The combined agenda with reports will be posted to the meeting calendar by noon on Friday, December 8, 2023. 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 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 2 DATE OF REPORT: November 28, 2023 REPORT NO.: DSD-2023-528 SUBJECT: Minor Variance Application A2023-143 - 195 Franklin St. N. RECOMMENDATION: That Minor Variance Application A2023-143 for 195 Franklin Street North requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.7.2, Table 4-2, to allow a personal services Home Occupation (hair salon), with a gross floor area of 21 square metres, in a Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) (Duplex) whereas this type of home occupation is only permitted in a Single Detached Dwelling; ii) Section 5.3.3 a) i) to permit the required parking space for a Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) (Duplex) to be located 0 metres from the street (property) line instead of the minimum 6 metres to facilitate and recognize the use of the attached garage for the personal services home occupation; generally, in accordance with drawings contained in Staff Report DSD-2023-528, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to legalize an existing home business (hair salon) located in a converted garage resulting in parking variances, and for the home business (hair salon) to be accessory in a single detached dwelling with one additional attached dwelling unit (duplex). The key finding of this report that the requested minor variances meet all the four tests of the Planning Act. 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 s website with the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the east side of Franklin Street North, north of Shuh Ave. In 2006, the property owner/ hair salon was located in the basement and a building permit was issued for the use. Subsequently, a building addition was constructed in 2021 for an Additional Dwelling Unit (ADU) (Attached) to be added (total of two dwelling units). The building permit drawings had shown the home business was removed from the basement and was not relocated anywhere else in the building. Recently, the owners inquired about signage, and it was discovered that the new garage had been converted to a home business (personal services). The Zoning By-law only permits home business (personal services) to be accessory to a single detached dwelling. The owners wish to legalize the home business (hair salon) to be accessory in a single detached dwelling with one Additional Dwelling Unit (ADU) (Attached) as well as locating it in the former attached garage which requires a parking variance. Figure 1 Aerial photo Urban Structure and is The property is zoned Low Rise Residential Two Zone (RES--law 2019- 051. The purpose of the application is to legalize a home business (hair salon) to be accessory to a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) with a parking variance. Figure 2 - Street View Figure 3 - Property plan submitted with 2021 Building Permit for addition. Figure 4 - Floor plan from building permit for garage (now being used as a home business hair salon). 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 intent of the Low Rise Residential designation is to encourage residential intensification and/or redevelopment which includes accessory dwelling units to respond to changing housing needs and as a cost-effective means to reduce infrastructure and service costs by minimizing land consumption and making better use of existing community infrastructure. The proposed parking variance to permit the conversion of the garage to be used for an accessory homebusiness (hair salon) maintains the low rise residential built form of the neighbourhood. It is the opinion of staff that the requested parking variance meet the general intent of the Official Plan. Regarding the accessory home business (hair salon), the Official Plan encourages the distribution of complementary non-residential uses in appropriate locations within residential areas. As the hair salon use is accessory to one of the dwelling units, staff is of the opinion that the intent of the Official Plan is met. General Intent of the Zoning By-law The intent of the regulation permitting a home business (hair salon) in a single detached dwelling but not a duplex dwelling is to ensure that the occupants of the dwellings on the property are not disrupted by a non-residential use on the site. The owner has advised that she books appointments for clients and ensures that appointments are appropriately spaced apart. This ensures that there is no overlap with client parking. The owner has had a home business (hair salon) on this property since 2006 and there have been no concerns from the neighbourhood. As sufficient parking is provided, staff are of the opinion that the intent of the By-law is met. The intent of the regulation that one legal off-street parking space is located a minimum of 6 metres from the front lot line for a duplex use is to ensure that there is sufficient parking for the use should the property only have tandem parking (which is permitted for duplex uses). For the subject property there is sufficient lot width to accommodate a driveway for three vehicles in front of the building. (one for each dwelling unit and one for the accessory home business). Is/Are the Effects of the Variance(s) Minor? The request to have the parking space variance can be considered minor as there is adequate area to provide the required minimum three parking spaces. It is noted that the owners obtained permission for a Curb Cut Permit (dated 05/12/2022) to widen the driveway to a maximum of 8 metres which accommodates three vehicles. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance to permit the home business use accessory to a duplex supports intensification for an existing community infrastructure. As well, the variance for the duplex parking provides a gentle form of intensification within the existing building which is appropriate for the property and compatible for the surrounding neighbourhood. Signage: Staff note that there currently is a window sign located on the garage doors (see photo above). Window signs are permitted for home businesses provided they are non-flashing and do not block or cover more than 50% of the window area the sign is displayed on. Section 680.24.3 of the Sign By-law states that window signs for home businesses require a permit. Staff will follow up with the business owner about obtaining a sign permit for the home business. 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 interior renovations for the hair salon is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Transportation Services supported the curb cut and driveway widening in May of 2022. 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 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-0 51 November 23, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) VAR KIT, Kitchener, ON N2G 4G7 807 FREDERICK STREET 1164603 ONTARIO LTD Subject: Committee of Adjustment Meeting December 12, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 137 48 Betzner Avenue North No concerns. 2) A 2023 - 138 136 River Road There are no conditions/concerns for the proposed development. However, the applicants are advised that the subject existing and the proposed dwellings would have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 139 107 Country Clair Street No Concerns. 4) A 2023 - 140 332 Prospect Avenue No conditions/concerns for the proposed development. However, the owners are advised that: a) The existing and the proposed dwellings may have impacts from environmental noise from traffic on the municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. b) The subject lands are located within the Airport Zoning Regulated area and specifically under the airport runway take-off approach surface and are accordingly subject to all provisions of Airport Zoning regulations. For any further information in this regard, please contact Jordan Vander Veen @ 519.575.4780 ext. 8514 Email: JVanderVeen@regionofwaterloo.ca 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎЋЏЋЉВ tğŭĻ Њ ƚŅ Ћ 5) A 2023 - 141 24 Cherry Street There are no concerns/requirements for the application. However, the owners are advised that the proposed and the existing dwellings may have impacts from the environmental noise (railway noise), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 6) A 2023 142 807 Frederick Street No Concerns. 7) A 2023 143 195 Franklin Street North 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 November 24, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting December 12, 2023 Applications for Minor Variance A 2023-13748 Betzner Avenue North A 2023-138136 River Road East A 2023-139107 Country Clair Street A 2023-140332 Prospect Avenue A 2023-14124 Cherry Street A 2023-142807 Frederick Street A 2023-143195 Franklin Street North Applicationfor Consent B 2023-04318 Stanley Avenue 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 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: November 28, 2023 REPORT NO.: DSD-2023-539 SUBJECT: Consent Application B2023-043 18 Stanley Avenue RECOMMENDATION: That Consent Application B2023-043 requesting consent to sever a parcel of land having a lot width of 9.9 metres along Stanley Avenue, a lot depth of 35.4 metres and a lot area of 366 square metres, as shown on a revised plan prepared by Grit Engineering, November 24, 2023, BE APPROVED subject to the following conditions: 1. 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 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 Submi Mapping Technologist. 4. That the Owner obtains Demolition Control Approval, in accordance with the - Planning. *** 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 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. 6. That 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 severed and retained lands, which shall include the following prior to issuance of grading, servicing or a building permit: a) That the property owner shall prepare a Tree Preservation and Tree Management Policy, to the satisfaction of and approval by the Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the p Supervisor, Site Plans. b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 7. The property owner shall 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. 8. Any new driveways are to be built to City of Kitchener standards. All works occupancy of the building. 9. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. 10. 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. 11. The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. 12. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. 13. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 14. That prior to final approval, the property owner shall enter into a registered development agreement with the City of Kitchener for severed and retained lands addressing the following requirements: a) That Owner/Developer agrees to construct the dwelling(s) with a forced air- ducted heating system suitably sized and designed with provision for the b) That the following noise warning clause will be included in all offers of purchase, deeds and rental agreements: ls due to increasing road traffic in the vicinity 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 (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision 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 the Ministry of the Environment REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a proposed consent application to create two (2) lots for a Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached). The key finding of this report is that the Consent Application meets Provincial, Regional and City policies. 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 Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located at 18 Stanley Avenue. The lot contains a single detached dwelling. Surrounding land use is low rise residential comprised of semi-and single detached dwellings. The owner is seeking consent to sever a lot a new Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached). Figure 1 Location Map 18 Stanley Avenue s Urban Structure and is The lands are also included in the 1980 Bridgeport East Secondary Plan and are Zone (R--law 85-1. The existing single detached dwelling is proposed to be demolished and the purpose of the application is to sever the lot to allow the construction of two (2) Single Detached Dwellings with an Additional Dwelling Unit (ADU) (Attached) or Duplexes on the lands to be severed and retained (see Figure 2). A site visit occurred on November 30, 2023. Figure 2 Severance Sketch (revised dated November 24, 2023) Figure 3 Photo of Front View of 18 Stanley Avenue 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 (PPS 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 and 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. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and density 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. The subject lands are located within the City-up area. The proposed intensification density 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): within the 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 (2014) s Urban Structure and is The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, duplex 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 is in accordance with this aspect of the plan and maintains the residential land use designation. Section 17. E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies). These policies state the following: 17. E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent The lot widths and lot areas of the proposed severed and retained lands exceed the -Planning staff is of the opinion that the size, dimensions 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 low rise residential uses including single detached dwellings, semi-detached dwellings and low-rise multiple dwellings, having a variety of heights and setbacks, with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available in the right-of-way and must be connected to the severed lands prior to development. There are no natural heritage features that would be impacted by the proposed consent application. Community Plan (BECP). Policies permit infilling with new single detached dwellings by way of severance on lots having a minimum width of 15.0 metres. The BECP was approved in Community plans have no legal status under the Planning Act of Ontario but Official Plan. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan and Bridgeport East Community Plan because the approved zoning implements the Official Plan. These lands also fall within an area of the City to be monitored by Direct Detect as shown in Figure 4 below. Direct Detect will be required as a condition of the Building Permit Application for the new dwellings on both the severed and retained lots and the Building Inspector will confirm installation prior to occupancy. Figure 4 Areas to be Monitored by Direct Detect Zoning By-law 85-1 Four Zone (R-4)-law 85-1, which primarily permits single, semi-detached, and additional dwelling units. -4 2 zone requires a minimum lot width of 9.0 metres and a lot area of 236 m for a single detached or duplex dwelling. Both the lands to be severed and lands to be retained will comply with zoning by-law regulations. Staff is satisfied that the lands to be severed and retained are appropriately sized to permit the construction of a new detached dwellings . Image 2 illustrates the proposed building and driveway locations. It demonstrates the lots are suitably sized, serviceable and can function appropriately. Staff note that the applicant has submitted a revised dwelling and driveway location plan (see Image 2) to a close to a proposed access for a proposed subdivision south of and adjacent to the subject proposal. Driveway locations and widths will be reviewed at the Building Permit stage. 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 lot is desirable and appropriate. The future use of both the severed and retained parcels are in -law. Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. 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: Given the treed nature of the lands to be severed, an agreement should be registered on the severed lands requiring the owner to submit, obtain approval of, and implement a Tree Preservation/ Enhancement Plan prior to demo, grading, building permit etc. Heritage Planning Comments: No concerns. 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 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, and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to niall.melanson@kitchener.ca. Any new driveways are to be built to City of Kitchener standards. All works are at the 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 municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. 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 9.9 metres at a land value of $36,080 per frontage metre with a per unit cap of $11,862. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. GRCA: GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Hydro One: No concerns Region of Waterloo: The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/developer shall enter into a registered development agreement with the City of Kitchener for severed and retained lands addressing the following requirements: a. That Owner/Developer agrees to construct the dwelling(s) with a forced air-ducted heating system suitably sized and designed with provision for the installation of air b. That the following noise warning clause will be included in all offers of purchase, deeds and rental agreements: that sound levels due to increasing road traffic in the vicinity 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 (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been 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 Waterloo Region and the Ministry of the Environment Conservation and P 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 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 Planning Division. A notice of the application was mailed to allproperty owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2014) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) & ROPA 6 Official Plan (2014) Zoning By-law 85-1 November 24, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting December 12, 2023 Applications for Minor Variance A 2023-13748 Betzner Avenue North A 2023-138136 River Road East A 2023-139107 Country Clair Street A 2023-140332 Prospect Avenue A 2023-14124 Cherry Street A 2023-142807 Frederick Street A 2023-143195 Franklin Street North Applicationfor Consent B 2023-04318 Stanley Avenue 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:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 18 Stanley Avenue - B-2023-043 Date:Tuesday, December 5, 2023 11:17:29 AM Attachments:image001.png Hello, th We are in receipt of your Application for Consent, B-2023-043 dated Novemebr 17, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: HydroOne Map Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com