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HomeMy WebLinkAboutCA Agenda - 2024-05-21 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 x7765 PREPARED BY: Katie Anderl, Project Manager - Planning, 519-741-2200 x7987 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: May 3, 2024 REPORT NO.: DSD-2024-219 SUBJECT: Minor Variance Application A2024-033 1955 Fischer Hallman Road RECOMMENDATION: That Minor Variance Application A2024-033 for 1955 Fischer Hallman Road requesting relief from Section 12.3, Table 12-2, of Zoning By-law 2019-051 to permit a minimum side yard setback to Fischer Hallman Road of 8.5 metres instead of the minimum required side yard setback of 10 metres, to facilitate the development of a recreational athletic complex, in accordance with Site Plan Application SP24/020/F/KA, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a recreational complex and sports facility. The key finding of this report is that the requested 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 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 at 1955 Fischer Hallman Road and is being developed by the City of Kitchener as a district park (see Figure 1). Phases 1 and 2 included construction of outdoor facilities including a splash pad and playground, playing fields and courts, an operational/maintenance building and washroom/change room building. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Detailed planning for Phase 3 is now underway and includes an indoor recreation complex with an aquatic facility, FIFA sized fieldhouse and future gymnasium space. Subject lands Figure 1 Location Map - City Urban Area 2014 Official Plan. In accordance with Map 1, Policy 3.C.1.22 applies to the lands which permits the lands to be used for the development of a municipal park (active or passive), athletic/community centre and associated facilities. --law 2019-051 and is subject to regulation 4.15.7 (Public Uses and Utilities) which permits public uses in any zone subject to compliance with the regulations. The purpose of the minor variance application is to permit a minimum setback of 8.5 metres rather than 10.0 metres along Fischer Hallman Road in the location shown on Figure 2 below. The proposed reduction is limited to the area near the roundabout and is due to the irregular property line, which accommodates for the geometrics of the roundabout design (including turning lanes, multi-use pathway and pedestrian crossing). Figure 2 Proposed Recreation Complex 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 Official Plan is to facilitate the development of a municipal park, athletic/community centre and associated facilities. The proposed variance allows for the proposed site design which provides for a large athletic complex. Staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the side setback regulations in the Agricultural Zone is to provide for setbacks which are appropriate to a range of agricultural buildings in a rural context. The proposed community and athletic facility is permitted as a public service use and interfaces with the Urban Area and a Mixed Use Node which will be developed with a mixed of commercial and residential uses. By comparison, if the proposed building were located in an Institutional (INS) zone, the minimum setback would be between 4.5 and 6.0 metres (and no maximum applies). The majority of the building is setback more than 20 metres from the street line and exceeds the minimum requirements of the zone providing for landscaping and a park appropriate frontage. The proposed 8.5 metre setback is limited to the corner of the building nearest the roundabout, where there is an irregular property boundary which accommodates the geometry of the roundabout. Staff is of the opinion that the general intent of the Zoning By-law is maintained. Is the Effect of the Variance Minor? Staff is of the opinion that the effect of the variance is minor. The majority of the building setback exceeds minimum requirements, providing for park appropriate greenspace and landscaping along the street. Locating the built form near intersections and the street is generally desirable from an urban design and streetscape perspective, and sufficient space is provided for landscaping, the driveway/entrance and a multi-use pathway connection into the site. Is the Variance Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The requested reduction accommodates for the irregular lot line, while allowing efficient placement of the building to accommodate for the site layout and building function. The majority of the building is located more than 20 metres from the street line, providing space for extensive landscaping and a park-like frontage along Fisher Hallman Rd. Staff note that sightlines for vehicles, pedestrians and cyclists using the roundabout is accommodated for within the right-of-way, which has resulted in the irregular frontage. Staff is of the opinion that the proposed minimum setback of 8.5 metres is desirable and appropriate. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit application has been made for the athletic complex. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No comments or concerns. Transportation Planning Comments: No concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 DSD-2024-011 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: May 9, 2024 REPORT NO.: DSD-2024-241 SUBJECT: Minor Variance Application A2024-034 215 Morgan Avenue RECOMMENDATION: That Minor Variance Application A2024-034 for 215 Morgan Avenue requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 4.12.4 a) of Zoning By-law 2019-051, as amended by By-law 2024-074, to permit 19% of street line facade opening and no pedestrian entrance instead of the minimum 20% including one (1) pedestrian entrance to the principal building; ii) Section 4.16 a) ii) of Zoning By-law 2019-051 to permit a building to be located 10.6 metres from an active railway right-of-way instead of the minimum required 15 metres; iii) Section 5.3 e) ii) of Zoning By-law 2019-051 to permit a drive aisle of 4.8 metres adjacent to a portion of one (1) parking space instead of the minimum required 6 metres; iv) Section 5.3 e) iii) of Zoning By-law 2019-051, as amended by By-law 2024-074, to permit parking spaces and drive aisles to be located in the front yard whereas the Zoning By-law does not permit parking spaces and drive aisles to be located in the front yard; to facilitate the development of 4 additional dwelling units to a 4-unit development for a total of 8 dwelling units on the subject property, generally in accordance with drawings prepared by Design Permit Group Inc., dated December 11, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the addition of 4 units within an existing building to create an 8-unit multiple dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the South side of Morgan Avenue between Pepperwood Crescent and Southwood Drive. Figure 1: Location Map Community Area Urban Structure and is Low Rise Residential Land Use Low Rise Residential Five Zone (RES-5-law 2019- 051. The purpose of the application is to facilitate the addition of 4 dwelling units within the existing building of an existing 4 unit building for a total of 8 dwelling units on the subject property. The units are proposed to be added by demising the existing floor space into 8 units. No building additions or new gross floor area is proposed. Figure 2: View of Subject Lands from Morgan Avenue Figure 3: View of Existing Rear Yard Setback Figure 4: View of Rear Lot Line showing CN Railway Right-of-Way and King Street East Figure 5: Proposed Site Concept Plan REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low Rise Residential designation is to permit a range of low rise residential uses, including multiple dwellings. The Low Rise Residentialdesignation encourages the mixing and integrating of different forms of housing to achieve and maintain a low rise built form. Housing policies in the Official Plan encourage the retention and rehabilitation of older housing to maintain existing housing stock, as well as encouraging small infill opportunities in existing areas with adequate services. Planning Staff are of the opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Street Line Façade Openings and Pedestrian Entrance The intent of the regulation that requires multiple dwelling of up to 10 units to have 20% street line façade openings and one pedestrian entrance is to animate the streetscape with active uses and design that addresses the street. In this situation, the existing lot is irregular in shape and the portion of the lot closest to the street line is a narrow area that is comprised of only the access aisle to the parking area, with the rest of the site widening out as it gets further from the street. The existing building is located approximately 40 metres from the street line and does not represent a building street wall that strongly affects the streetscape. The requested variance will not have an immediate impact on the aesthetics or design of the streetscape due to the irregular lot shape and building location, and therefore Staff are of the opinion that the variance meets the general intent of the Zoning By-law. Railway Setback The intent of the regulation that requires dwellings to be located 15 metres from a railway right-of-way is to mitigate impacts of noise and vibration for residential uses. The requested setback of 10.6 metres represents the current location of the existing building containing 4 dwelling units. The applicant is not proposing any new additional gross floor area, and therefore there is no residential floor space proposed to be located closer to the railway right-of-way than what currently exists on site. Rather, the proposed units will be added by demising the existing floor space. The impact of noise and vibration is not expected to increase above existing levels as the dwelling building is proposed to be located in the same footprint. Therefore, Staff are of the opinion that the requested variance meets the general intent of the Zoning By-law. Drive Aisle Width The intent of the minimum drive aisle width of 6 metres is to ensure functional movement of motor vehicles on site when entering and exiting the site from the parking area. The existing parking area is irregular in shape and layout and makes the best use of the irregular lot lines at the front of the site. While the majority of drive aisle area meet and exceed the 6 metre minimum drive aisle, there exists a pinch point of 4.8 metres for one parking space due to the shape of the lot lines in that area (shown in box in Figure 5). However, the parking area contains a large area to turn around in the middle. Staff are of the opinion that functional movements of motor vehicles can occur on site with the proposed configuration. Staff are of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking and Drive Aisles in the Front Yard The intent of the regulation that prohibits parking and drive aisles in the front yard of multiple dwellings is to ensure that the streetscape is activated with built form that provides visual interest, rather than automobile storage. In this situation, the existing building is located 40 metres from the street line and is obscured due to the irregular shape lot at the front. The parking area has existed in front of the building since its construction, and it is not feasible to relocate behind the building given the existing building placement. The the street and public realm, as there is only enough space for an access aisle. Staff note that the majority of parking spaces are obscured from the street in private garages or behind a vegetative buffer. Planning Staff is of the opinion that requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The applicant is not proposing any additional building floor area as part of the proposed addition of 4 units, nor is any expansion of asphalt parking area proposed. The changes are proposed to occur within the building, and Staff do not expect any adverse effects on the adjacent lands or surrounding neighbourhood as a result of the requested variances. Therefore, Staff are of the opinion that the requested variances are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The lands are zoned for multiple dwellings in a low rise form. The applicant is proposing to increase the number of units on site without demolition of the existing building or construction of any additions. Staff are of the opinion that the variances are desirable for the use of the building and lands. Environmental Planning Comments: No tree management or natural heritage concerns. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the 4 additional residential buildings are obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No Engineering comment. Parks/Operations Division Comments: Parkland Dedication will be required for the proposed fifth to eighth residential units to be paid prior to the issuance of the Building Permit. Transportation Planning Comments: Transportation Services can support the Minor Variance Application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM This report has been 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 addi 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 Concept Plan May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: May 1, 2024 REPORT NO.: DSD-2024-221 SUBJECT: Minor Variance Application A2024-035 - 42 Hazelglen Drive RECOMMENDATION: That Minor Variance Application A2024-035 for 42 Hazelglen Drive requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit: i) a Floor Space Ratio (FSR) of 0.75 instead of the maximum permitted 0.6; ii) a Building Height of 11.9 metres instead of the maximum permitted 11.0 metres; and iii) to not require private patio areas for the ground floor units, whereas the zoning by-law requires a private patio for ground floor units; to facilitate the construction of a stacked townhouse development having 20 dwelling units, in accordance with Site Plan Application SP23/081/H/AA, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a Multiple Dwelling having 20 dwelling units in the form of stacked townhouses. The key finding of this report is that the requested 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 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 located in the Victoria Hills area north of Victoria Street South and west of Westmount Road West. Figure 1: The subject property in an aerial view Figure 2: The subject property on the zoning map The Community Area Urban Structure and is Low rise Residential Low Rise Residential Five Zone (RES-5-law 2019- 051. The purpose of the application is to facilitate the development of a Multiple Dwelling having 20 dwelling units in the form of stack townhouses. The following minor variances are required: A Floor Space Ratio (FSR) of 0.75, whereas only a maximum FSR of 0.6 is permitted; A building height of 11.9 metres, whereas only a maximum building height of 11 metres is permitted; and The ground floor units do not have a ground floor patio which is required. The applicant has submitted a Site Plan Application, SP23/081/H/AA, which has been reviewed with all applicable divisions and agencies and has subject to receiving approval of the minor variances. Figure 3: The proposed Site Plan Figure 4: The proposed building's south elevation Staff visited the subject property on May 02, 2024. Figure 5: The subject property from Hazelgen Drive Figure 6: The subject property from the corner of Mooregate Crescent 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 contains a number of policies related to density in low rise residential areas. The Low Rise Residential land use designation accommodates a full range of low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings and special needs housing. Floor Space Ratio: Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6, however site-specific increases up to a maximum FSR of 0.75 may be considered, where it can be demonstrated that the increase in the FSR is compatible. Building Height: Policy 15.D.3.12 applies a maximum building height of 3 storeys or 11 metres in height, at the highest grade elevation. Relief from the building height may be considered for properties with unusual grade conditions and for buildings and/or structures with increased floor to ceiling heights and architectural features provided the increased building height is compatible with the built form and physical character of the neighbourhood. The building height is measured to the highest point of the sloped roof. The proposed height is measured as 10.2 metres to the roof midpoint as it is a slopped roof. In addition, the building is compatible with respect to the massing, scale and design of the neighbourhood Private patio: Policy 15.D.3.3 states the City will apply design principles in accordance with the Urban Design Policies in Section 11. An emphasis will be placed on adequate and appropriate amenity areas, and landscaped areas will be provided on-site. Although the proposal does not have a private patio on the ground floor units, it meets the landscape percentage required with a space for the outdoor amenity. Additionally, some of the units will have a second or third-floor balcony. Based on the above, staff is of the opinion that the variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The RES-5 zone permits a range of housing types. The 0.6 Floor Space Ratio and building height requirements are intended to ensure development occurs at a scale compatible with other low-rise housing forms with adjacent properties. The proposed stacked townhouse dwelling units will provide a mix of housing types while maintaining compatibility with the massing, scale, and design of the low-rise residential neighbourhood. In addition, the required private patio ensures that each unit has enough private amenity space. The development will meet the minimum landscape requirement of 20% and will provide more than 75 square metres of outdoor amenity space. Also, some of the units on the second and third floors will have balconies. Therefore, the proposal 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 as the proposal has received conditional site plan approval to demonstrate that the site can function appropriately and that the increased FSR, increased building height, and not providing a private patio for ground floor units will not present any significant impacts to adjacent properties, the overall neighbourhood or the streetscape. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are desirable and appropriate as they will facilitate the development of a multiple dwelling which will be compatible in scale, massing and height, make use of existing infrastructure Inventory and Environmental Planning Comments: The tree management will occur via the site plan application. Heritage Planning Comments: No comments Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the stacked townhouse is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. The Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: May 8, 2024 REPORT NO.: DSD-2024-225 SUBJECT: Minor Variance Application A2024-037 - 67 and 71 Blucher St. RECOMMENDATION: That Minor Variance Application A2024-037 for 67 and 71 Blucher Street requesting relief from Section 7.3, Table 7-6, of Zoning By-law 2019-051 to permit: i) A front yard setback of 4.49 metres instead of the minimum required 6.62 metres; ii) A rear yard setback of 3.2 metres instead of the minimum required 7.5 metres; and iii) A Floor Space Ratio (FSR) of 0.75 instead of the maximum permitted FSR of 0.6; to facilitate the development of two (2) buildings for stacked townhomes, each having 8 dwelling units, in accordance with Site Plan Application SP23/084/B/TS, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to permit a new townhouse development with 16 residential units, while keeping the existing 10 dwelling units at the rear of the property. 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 southernly side of Blucher Street, near the intersection of Blucher Street and Weber Street West. The surrounding context of the subject property is primarily comprised of low-rise residential uses. Figure 1 - Subject property 67-71 Blucher Street Community Area Urban Structure and is Low Rise Residential Low Rise Residential Five Zone (RES-5)ng By-law 2019- 051. Figure 2 Existing front building 67 Blucher Street Figure 3 Existing rear building 71 Blucher Street Figure 4 Existing rear yard setback 71 Blucher Street The purpose of this report is to review a minor variance application to permit a new townhouse development with 16 residential units that will replace the current 4 units that are existing on the property, while keeping the existing 10 units at the rear of the property. The application is requesting a front yard setback of 4.49 metres whereas 6.62 metres is required, a rear yard setback of 3.2 metres whereas 7.5 metres is required, and a Floor Space Ratio (FSR) of 0.75 whereas a maximum FSR of 0.6 is permitted. The owner has requested the variances to permit 2 new stacked townhouse buildings, each containing 8 dwelling units. These units will replace the existing 4 dwelling units at the front of the property. The variances required for Floor Space Ratio and for the front yard setback are to help facilitate the proposed development. The variance requested for the rear yard setback is to legalize the rear yard setback of the existing 10 unit townhouse block at the rear of the site. This rear yard setback is legal non-complying and a minor variance is not required, however, the applicant would like to formally recognize this setback with respect to Zoning By-law 2019-051. rd Staff conducted a visit to the subject property on May 3, 2024. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential contains a number of policies related to density in low rise residential areas. The Low Rise Residential land use designation accommodates a full range of low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings and special needs housing. Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6, however site-specific increases up to a maximum FSR of 0.75 may be considered, where it can be demonstrated that the increase in the FSR is compatible. Staff is of the opinion that the increase in the FSR meets the general intent of the policies of the Official Plan. Staff is satisfied the requested variances to facilitate this form of development will maintain the general intent of the Official Plan. General Intent of the Zoning By-law - to ensure development occurs at a scale which is compatible with other low-rise housing forms in adjacent neighbourhoods. The proposed townhouse units will provide a mix of housing types while maintaining compatibility with the low-rise residential neighbourhood. Further, the increase in the FSR will not attribute to a taller built form as the proposed units will adhere to the 11.0 metre building height maximum -. As such, staff is satisfied the requested variance to increase the maximum FSR from 0.6 to 0.75 meets the general intent of the Zoning By-law. The intent of the front yard setback is to ensure that new buildings maintain a consistent front yard setback with the adjacent properties and the existing neighbourhood as per the zoning regulations, developed as part of the RIENS Study. Staff are satisfied that due to the placement of the building and that only the front corner of the new property will be 4.49 metres from the front property due to the shape of the lot, the majority of the building will be further than the 4.49 metres proposed and thus there would be no major impact to the surrounding properties. Furt minimum front yard setback would be 4.5 metres which the requested 4.49 metres would approximately meet. he front yard setback variance meets the general intent of the Zoning By-law. The intent of the rear yard setback is to ensure adequate separation from adjacent properties and to ensure there is an appropriate amount of amenity space for the residents. The proposed 3.2 metres legalizes an already existing condition, as the building has existed for an extended period of time. There have been no concerns with the existing rear yard setback and staff expect that to continue. Locations of amenity space for the entire property will be reviewed through the site plan approval process. that the rear yard setback 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 requested variances are minor as the reduced front yard, rear yard, and increased FSR will not present any significant impacts to adjacent properties or the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are desirable and appropriate as they will facilitate the development of stacked townhomes which will be compatible in scale, massing and height, make use of existing infrastructure, and contribute 16 new dwelling units to the . Environmental Planning Comments: A tree management plan will be required and will be included as part of the site plan approval process. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the stacked townhouses are obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No engineering comments or concerns. Parks/Operations Division Comments: No parks/operations comments or concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: No comments or 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 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 on 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 Proposed Site plan for new development Attachment A Proposed Site plan for new development May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician, 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: May 13, 2024 REPORT NO.: DSD-2024-238 SUBJECT: Minor Variance Application A2024-038 - 32 Montana Crescent RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2024-038 for 32 Montana Crescent requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 4.12.3 g) to permit a building floor area of 122 square metres instead of the maximum permitted 80 square metres; ii) Section 4.12.3 i) to permit a lot width of 7.3 metres instead of the minimum required rather than the required 13.1 metres; iii) Section 4.12.3 l) a) to permit a shed roof with a building height of 4.8 metres instead of the maximum permitted 4.5 metres; iv) Section 4.12.3 n) to permit an unobstructed walkway of 0.94 metres at one pinch point instead of the minimum required 1.1 metres; and v) Section 4.14.4 c) to permit a deck attached to the Additional Dwelling Unit (ADU) (Detached) to have a rear yard setback of 1.4 metres instead of the minimum required 4 metres; to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) at the rear of a semi-detached dwelling which is proposed to contain two (2) dwelling units for a total of three (3) dwelling units on the property, generally in accordance with drawings prepared by the applicant, Robert Davis, dated April 23, 2024, and submitted with this application, BE APPROVED. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Zoning By-law 2019-051, as amended by By-law 2024-074 That Minor Variance Application A2024-038 for 32 Montana Cres requesting relief from the following sections of Zoning By-law 2019-051, as amended by By-law 2024- 074: i) Section 4.12.3 g) to permit a lot width of 7.3 metres instead of the minimum required rather than the required 10.5 metres; ii) Section 4.12.3 h) to permit a shed roof with a building height of 4.8 metres instead of the maximum permitted 4.5 metres; iii) Section 4.12.3 n) to permit an unobstructed walkway of 0.94 metres at one pinch point instead of the minimum required 1.1 metres; and iv) Section 4.14.4 c) to permit a deck attached to the Additional Dwelling Unit (ADU) (Detached) to have a rear yard setback of 1.4 metres instead of the minimum required 4 metres; to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) at the rear of a semi-detached dwelling which is proposed to contain two (2) dwelling units for a total of three (3) dwelling units on the property, generally in accordance with drawings prepared by the applicant, Robert Davis, dated April 23, 2024, and submitted with this application, BE APPROVED, subject to the following: This Minor Variance shall become effective only at such time as By-law 2024-074 (Enabling 4 Units in 2019-051) comes into force and effect, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force and effect as of the final date of this decision. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard. The key finding of this report is that the requested minor variances meet all the four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was po Committee of Adjustment meeting. This report supports the delivery of core services. Figure 1: Aerial photo BACKGROUND: The subject property is located on the north side of Montana Crescent which backs onto Highland Rd W. It Low Rise Residential Four Zone (RES-4 in Zoning By-law 2019- 051. The purpose of the application is for minor variances to both Zoning By-law 2019-051 and Zoning By-law 2019-051, as amended by By-law 2024-074, to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard. It is noted that the existing semi-detached dwelling will be renovated to have one (1) Additional Dwelling Unit (ADU) (Attached). This will result in a total of three (3) dwelling units on the subject property. It is noted that this vehicle is not in a legal parking space. Maximum driveway width is 3.7 m (which is half the lot width. This area is to be used as part of the required walkway for the detached ADU. Figure 2: View of property from street. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan encourage residential intensification and/or redevelopment which includes additional 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 variances will meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the building floor area regulation is to ensure the detached ADUs do not dominate the rear yard. Under the existing by-law regulations there is a maximum building floor area. However, under the amending by-law there is no maximum floor area. The massing is regulated by the height and footprint on the property. Though the GFA of 122 square metres is over the maximum permitted 80 square metres required under the existing bylaw, it is noted that there is a mezzanine inside the unit. Staff are on the opinion that the intent of the existing by-law is metand a variance for this requirement will not be needed once amending By-law 2024-074 comes into effect. The intent of the lot width regulations is to ensure there is sufficient width for additional units. The subject lot is pie-shaped which results in a lot width of 7.3 metres at the 4.5 metre setback. As the lot widens there is more than the required lot width, especially in the rear yard where detached ADU will be located. The intent of the building height regulation is to ensure that the detached ADU does not dominate the lot with a height greater than the main building. Because of grade difference on the lot, the detached ADU is located at a lower grade and is not higher than the main building. See Figure 3 below. Figure 3: View of grading from right side yard. The intent of the minimum walkway width of 1.1 metres is to ensure that emergency services can access the detached ADU without obstruction. Fire Prevention staff have confirmed that the proposed variance for the walkway at the pinch point of going over the porch is supportable. The intent of the minimum rear yard setback for a deck over 0.6 above grade is to ensure that the use of the deck as an amenity area does not negatively impact the neighbouring properties. As shown on the aerial photo above (Figure 1), the property backs onto Highland Road West and there is no impact on the neighbours nor the streetscape because the vegetation along Highland Road West. Is/Are the Effects of the Variance(s) Minor? As noted above, the detached ADU will be setback in the rear yard of the subject property. There is sufficient lot area and width to support the dwelling unit. Because of grade, the height of the building does not impact the main building or abutting properties. Staff are of the opinion that the effects of the variances are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variances for the detached ADU are desirable and appropriate for the property and provide a gentle form of intensification which can be considered appropriate for the use of the property and compatible with the surrounding neighbourhood. Environmental Planning Comments: Care should be taken during construction to not impact the root zone of trees on and/or adjacent to the property. It is recommended that temporary protective fencing be installed (as per Appendix E prior to construction commencing. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the detached additional dwelling unit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: There is an existing City owned street tree that may be impacted by the proposed construction. If this tree(s) cannot be protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By-law, full compensation and replacement is expected. As part of the required Building Permit a plan showing adequate tree protection should be submitted. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 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 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 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 and By-law 2024-074 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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 over crowding of a property will create safety hazards and goes against the Region’s Vision Zero. Changing the existing property setback of 32 Montana will negatively alter the enjoyment, lighting (both natural and man made) and sightlines of the adjacent properties. Any additional structure should fall within single level construction to fall in line with existing outbuildings (sheds and garages). The proposal for 32 Montana is set too far back and too tall. The City has a very limited supply of smaller residential homes with attached green space, such as the type of homes on Montana Cres. Purchasers or renters looking for a home that and/or children a safe and enclosed outdoor space, something condo buildings often do not. Allowing 32 Montana to develop its land is essentially converting this property into more of a condo style or multi-residential dwelling, something the City already has t construction volumes. The City does not need more residential units but homes, places where people can live and this includes the enjoyment of an outdoor space. I question the previous building inspections completed by the City’s Building department for -evaluation of the compliance of the duplex standards. One of the noted concerns is the new side entrance has improper riser heights from the precast step to the door threshold, no landing, handrail, the gas venting is also a trip hazard and the venting apears too close a building opening. See photo attached. Perhaps before allowing further construction the existing building code compliance should be achieved. Overall, I think it is very clear that making a zoning variance for the current proposal at 32 Montana Montana Cres. If these owner want to expand their rental investment portfolio I strongly suggest to purchase another property that can accommodate their development dreams without ruining the adjacent homes. I also believe the past compliance of the owner clearly displays that they are not well suited to manage a multi-unit residential property and approving it will be reckless. Lastly the safety concerns raised and the lack of proper infrastructure clearly shows the City is not prepared for this type of development nor the precedent it will set for this neighbourhood and that approving Thank you for hearing my concerns, I can be reached at and Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7873 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: May 10, 2024 REPORT NO.: DSD-2024-246 SUBJECT: Minor Variance Application A2024-039 - 114 Brandon Avenue RECOMMENDATION: That Minor Variance Application A2024-039 for 114 Brandon Avenue requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a rear yard setback of 5.5 metres instead of the minimum required 7.5 metres, to facilitate the replacement of an existing sunroom at the rear of the detached dwelling, generally in accordance with drawings prepared by JR Design and Consultants, dated February 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the reconstruction of an existing sunroom at the rear of a detached dwelling. The key finding of this report is that the requested variance meets the 4 tests of the Planning Act. There are no financial implications. Community engagement included notice signs 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 he 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 north side of Brandon Avenue between Dunbar Road and Katherine Crescent. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map Community Area Urban Structure and is Low Rise Residential Low Rise Residential Two Zone (RES-2-law 2019- 051. The purpose of the application is to permit the reconstruction of an existing sunroom at the rear of the detached dwelling. Staff note that the applicant applied for relief from the minimum side yard setback to recognize an existing carport located 0.45 metres from the side lot line. However, Staff was approved in that location in compliance with the contemporaneous Zoning By-law (Zoning By-law 4830). Therefore, the carport location is considered legal-non-complying and a minor variance is not required. Figure 2: View of Existing Single Detached Dwelling (May 3, 2024) Figure 3: View of Existing Sunroom (May 3, 2024) Figure 4: View Showing Sunroom Setback to Rear Lot Line (May 3, 2024) Figure 5: Concept Plan REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low Rise Residential land use designation is to accommodate a full range of low density housing types. The Low Rise Residential designation encourages the mixing and integrating of different forms of housing to achieve and maintain a low rise built form. Housing policies in the Official Plan encourage the retention and rehabilitation of older housing to maintain existing housing stock. Planning Staff are 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 7.5 metre rear yard setback is to ensure that there is adequate outdoor amenity space and adequate building separation. In this situation, the requested rear yard setback of 5.5 metres is caused by irregular shaped that create a triangle shaped rear yard and a pinch point. Staff are satisfied that there is adequate amenity space in the rear yard. Staff note that an existing sunroom in the same location exists today and functions with adequate building separation from adjacent lands. In the opinion of Staff, the requested variance meets the general intent of the Zoning By- law. Is/Are the Effects of the Variance(s) Minor? The proposal intends to replace the sunroom in the same location and dimensions as the existing sunroom. Staff do not expect adverse impacts or effects as the location of built form is not changing as part of the requested variance. Staff are of the opinion that the requested variance is minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The use of the land as a single detached dwelling is not proposed to change. The location and scale of built form is also not proposed to change. The variance is desirable and appropriate as it will facilitate the reconstruction of the existing sunroom in the same location. Environmental Planning Comments: Care should be taken during construction to not impact the root zone of trees on and/or adjacent to the property. It is recommended that temporary protective fencing be installed (as per Appendix E commencing. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the re-built sunroom is obtained prior to construction.Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No Engineering comments. Parks/Operations Division Comments: No Parks/Operations comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 Concept Plan May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: Ward 1 DATE OF REPORT: May 8, 2024 REPORT NO.: DSD-2024-227 SUBJECT: Minor Variance Application A2024-040 - 39 Turner Avenue RECOMMENDATION: That Minor Variance Application A2024-040, for 39 Turner Avenue, requesting relief from Section 4.1 d) and Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit an accessory building to have a lot coverage of 18.3% (204.4 square metres in area) instead of the maximum permitted 15% (168.2 square metres in area), to add a one- storey addition to an existing detached accessory building in the rear yard, generally in accordance with the plans and drawings attached to Report DSD-2024- 227 , BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of Minor Variance Application A2024-040. 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 on the southwest side of Turner Avenue, between Victoria Street North and Frederick Street, in the Rosemount Planning Community. The subject property has an approximate width of 18.3 metres, a depth of 60.4 metres, and an area of 1,121 square metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Turner Avenue contains a mix of low rise residential land uses, including single detached dwellings and street townhouse dwellings. Commercial uses are located at the intersection of Turner Avenue and Victoria Street North. The subject property contains a one-storey single detached dwelling constructed in approximately 1952. The property also contains an accessory building in the rear yard that was constructed in 2008, according to the owner. The accessory building has an approximate width of 8.5 metres, depth of 13.1 metres, and height of 5.5 metres. The subject property is identified as Community Areas on Map 2 Urban Structure of the 2014 Official Plan and is designated Low Rise Residential. It should be noted that the properties immediately to the southwest (i.e., towards the rear of the property) are . The property is zoned Low Rise Residential Four Zone (RES-4) in Zoning By-law 2019-051. Development & Housing Approvals (DHA) staff visited the subject property on May 3, 2024. The applicant is proposing to construct a one-storey addition onto the front and northwest side of the existing accessory building. The dimensions are shown on the attached plan. To facilitate the proposed addition, the applicant is requesting a minor variance for relief from Section 4.1 d) and Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit an accessory building to have a lot coverage of 18.3% (204.4 square metres in area) instead of the maximum permitted 15% (168.2 square metres in area). Figure 1: Subject Property (outlined in red). Figure 2: Photo of subject property (at right), taken from Turner Avenue. The existing accessory building is only partially visible within the rear yard. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Development & Housing Approvals (DHA) staff offers the following comments: General Intent of the Official Plan The Official Plan contains a few policies that are relevant to the requested variance, for example: 15.D.3.4. All new residential buildings, additions and/or modifications to existing residential buildings and conversions in predominantly low density neighbourhoods should be compatible with and respect the massing, scale, design and physical character of the established neighbourhood and have both appropriate landscaped areas and parking areas provided on site. 15.D.3.8. The Low Rise Residential land use designation will accommodate 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. 4.C.1.20. The City will support and attempt to accommodate residents who may wish to adapt their housing to better suit their circumstances and needs that may change over time, provided these changes to the housing do not significantly impact the nature or community character of the surrounding residential area. DHA staff is of the opinion that the requested variance meets the general intent of the Official Plan (OP). It should be noted that the subject property has a lot area that is nearly 5 times greater than the minimum lot area required by the applicable zoning category (i.e., 235 m2 is required, whereas 1,121 m2 is provided). The variance would facilitate an accessory building addition that is appropriate in massing and scale, given the large land area of the lot. Furthermore, the variance would facilitate an addition to a building that is accessory to a low rise residential use. General Intent of the Zoning By-law The purpose of the regulation that limits the lot coverage of an accessory building is to limit the proportions of a building for an accessory use in comparison to the building containing the primary residential use. In this case, the subject property has a lot area that is nearly 5 times greater than the minimum lot area required by the RES-4 Zone and the increased proportion of the accessory building would not be perceptible. The proposed addition would be lower in height than the existing accessory building and would exceed the required minimum side and rear yard setbacks. Moreover, due to the size and orientation of the single detached dwelling and existing vegetation, it is unlikely that the proposed addition to the accessory building would be visible from the street. Accordingly, DHA staff is of the opinion that the requested variance meets the general intent of the Zoning By-law (ZBL) Are the Effects of the Variance Minor? DHA staff is of the opinion that the requested variance is minor, meaning that it will not cause unacceptably adverse impacts on adjacent properties. As aforementioned, the proposed addition would exceed the required minimum side and rear yard setbacks. Also, the increase in proportions from 15% to 18.3% would be imperceptible. In this regard, DHA staff is of the opinion that the variance is minor. Is the Variance Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? DHA staff is of the opinion that the requested variance is desirable for the appropriate development of the land. If approved, the variance will permit an appropriate addition to the existing accessory building to better suit his circumstances and needs, in accordance with Policy 4.C.1.20 of the OP. Environmental Planning Comments: Care should be taken during construction to not impact tree(s) or their roots that are located at 33 Turner Ave. It is recommended that temporary protective fencing be installed commencing. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the existing accessory building 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 does not have any concerns with the proposed application. Region of Waterloo Comments: No concerns. Metrolinx Comments: The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. Advisory Comments: The Proponent is advised of the following: 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Grand River Conservation Authority Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM site 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 on th 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 - Plan and Drawings Submitted with Minor Variance Application A2024- 040 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: May 8, 2024 REPORT NO.: DSD-2024-232 SUBJECT: Minor Variance Application A2024-041 - 133 Max Becker Drive RECOMMENDATION: That Minor Variance Application A2024-041 for133 Max Becker Drive requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an exterior yard setback of 4.2 metres instead of the minimum required 4.5 metres to be able to build a 2-storey addition onto the existing detached dwelling, generally in accordance with drawings prepared by C. Frede Design Inc., dated April 3, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variance to permit a reduced exterior yard setback to facilitate a 2-storey addition onto the existing detached dwelling. 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 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, in the Laurentian West Neighbourhood, is a corner lot property at the intersection of Max Becker Drive and Copper Leaf Crescent. Community Areas Urban Structure and is Low Rise Residential *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Low Rise Residential Four Zone (RES-4-law 2019- 051. Figure 1: Aerial Location Map of Subject Property. Figure 2: Site plan highlighted with requested minor variance setback. Figure 3: Front/corner view of the dwelling. 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 Staff is of the opinion that the requested variance to allow a reduced exterior side yard setback meets the general intent of the Official Plan. The subject property is designated Low Rise Residential 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. One of the objectives in the Housing section of the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. Policy 4.C.1.28. states that the City will ensure that the adaptive reuse of existing buildings for special needs housing is compatible in terms of use and built form with the surrounding context. The minor variance will permit the adaptive reuse of the existing building, which will continue to be compatible in built form and accordingly maintain the intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the by-law requirement for a minimum 4.5 metre exterior yard setback is to ensure and maintain a consistent streetscape setback with the flanking properties along Copper Leaf Crescent as the front yard setback for properties along Copper Leaf Crescent is 4.5 metres. A 4.2 metre exterior side yard setback will continue to maintain the intent of this zoning regulation. Is/Are the Effects of the Variance(s) Minor? The requested variance and its effects can be considered minor as the deficiency of 0.3 metres will not be discernible. The addition has been designed with varying setbacks from Copper Leaf Crescent in order that at a minimum, a 4.2 metre exterior side yard is maintained. A 4.2 metre exterior side yard, at the shortest distance, will still be sufficient and will not negatively impact the established streetscape. 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 proposed variance is desirable and appropriate as it will facilitate the construction of additional useable living space for furniture and equipment for an adult family member with disabilities and allow continued enjoyment of the dwelling for all family members. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: May 1, 2024 REPORT NO.: DSD-2024-218 SUBJECT: Minor Variance Application A2024-042 - 125 Seabrook Drive RECOMMENDATION: That Minor Variance Application A2024-042 for 125 Seabrook Drive requesting relief from Section 7.2 of Zoning By-law 85-1 to permit: i) a gross leasable commercial space of 1,932.5 square metres instead of the maximum permitted 999 square metres; and ii) to permit a gross leasable commercial space for a convenience retail outlet to be 555 square metres instead of the maximum permitted 225 square metres; to construct Phase Two of a development for a commercial plaza with a specialty grocery store, in accordance with Site Plan Application SP24/002/S/AA, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of Phase Two of a development for a commercial plaza. The key finding of this report is that the requested 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 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 locatedin the Rosenberg area north of Huron Road and east of Fischer Hallman Road. Figure 1:The subject property in an aerial view. Figure 2:The subject property in the zoning map. The subject Urban CorridorUrban Structure and is designated as Convenience CommercialZone (C-1) with Special Use Provision 331U-law 85-1 The purpose of the applicationis to facilitate the construction ofPhase Two of the site development, which is proposed to contain a one-storey commercial building with a storage basement. The proposed building will add to the overall gross leasable commercial space for the property whichexceeds the maximum required,and itwill have a retail unit that exceeds the maximum gross leasable commercial space for a convenience retail outlet The applicant has submitted a Site Plan Application, SP24/002/S/AA, which has been reviewed with all applicable divisions and agencies and has subject to receiving approval of the minor variances. Figure 3: The proposed Site Plan Figure 4: The corner view of the existing building Figure 5: The existing road access to the commercial plaza nd Staff visited the subject property on March 2, 2024. Figure 6: The subject property from Seabrook Drive where the proposed building will be located 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 ixed Use land use designation in the Rosenberg Secondary Plan states that The City may impose maximum gross floor area limits on non-residential development, including limiting the gross floor area of individual non-residential outlets (including food store) as well the combined total gross floor area of non-residential outlets, in the Zoning By-law to ensure that the uses are appropriately scaled for the planned function of the Mixed Use area and community. Lands designated Mixed Use 1 are generally intended to provide a minimum amount of small-scale commercial uses at neighbourhood gateway locations supplemented with multiple residential and other non-residential uses. Permitted non-residential, neighbourhood oriented uses may include the following: o Retail, but not including Major Retail; o Office, but not including Major Office; o Financial establishments, personal services and/or restaurants in a plaza or mixed-use building; o Health-related uses, such as health offices and clinics; o Studios o Craftsman shop o Education establishments, day care, religious institutions and museum up to 25% of a building. The proposed commercial building aims to fulfill this objective by offering a diverse range of neighbourhood-oriented commercial services without exceeding the scope outlined in the official plan. The absence of major retail or major office spaces ensures that the development remains in line with the intended character of a convenience commercial plaza. Therefore, staff are of the opinion that the new commercial building and requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the Zoning By-law to limit the gross leasable commercial space and the gross leasable commercial space for a convenience retail outlet is to avoid having a major retail development within a neighbourhood and to maintain the convenience retail character. The proposed commercial building reflects this objective by integrating retail and other commercial uses into a one-storey single development on the subject property. The proposed increase in the retail gross area for the specialty grocery store will still provide a convenience retail use, and the overall gross leasable commercial will be one storey with this being the only convenience retail outlet greater than 225 square metres in area. Considering the above, staff are of the opinion that the requested variances meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The variance effects will be minor, given that the proposed development adheres closely to the primary goals and principles outlined in the Official Plan and Zoning By-law. Furthermore, the proposal mitigates any potential negative impacts on the surrounding area, ensuring that the proposed changes remain in harmony with the existing neighborhood fabric, providing the required amount of parking, and meeting the overall character and functionality of the convenience commercial plaza. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The minor variances to permit an increase in the overall gross leasable commercial space and in the gross leasable commercial space for a convenience retail outlet are desirable and appropriate as they will enable the development of a specialty grocery store in a neighbourhood that will accommodate the needs of local residents and businesses within walking distance while maintaining the neighborhood convenience retail planned function. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance, provided a building permit for the commercial unit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: No concerns. The Region of Waterloo Comments: No comments. 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 41/24 and, therefore, a permission from GRCA is not required. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 85-1 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: May 13, 2024 REPORT NO.: DSD-2024-226 SUBJECT: Consent Application B2024-008 7 Upper Mercer Street (Units B6 and B7) RECOMMENDATION: That Consent Application B2024-008 requesting consent to sever a parcel of land having a lot width of 5.9 metres, a lot depth of 27.6 metres and a lot area of 162.8 square metres to permit each townhouse dwelling unit in an existing townhouse development to be dealt with independently, BE APPROVED, subject to the following conditions: 1. That the O fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standard REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a consent application to separate title of Units B6 and B7, in a condominium townhouse development, that merged on title due to lapsing of a Part Lot Control By-law that was originally used to split the block into unit areas. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The key finding of this report is that the requested severance meets the criteria of the Planning Act and Provincial, Regional and City policies. There are nofinancial 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 at 7 Upper Mercer Street in the Grand River South Neighbourhood, municipally known as Units B6 and B7, as shown below in Figures 1 and 2. Figure 1 Subject Property Figure 2 Photo of the Subject Property The subject property is identified as Community Areas on Map 2 Urban Structure and is Low Rise Residential on Map 3 The subject property is zoned RES-5 in Zoning By-law 2019-051. The purpose of the application is to sever a parcel of land having a lot width of 5.9 metres, a lot depth of 27.6 metres and a lot area of 162.8 square metres. The lands to be retained will have a lot width of 5.9 metres, a lot depth of 26.7 metres and a lot area of 162.8 square metres. The consent will permit each townhouse dwelling unit in an existing townhouse development to be dealt with independently. REPORT: Planning Comments: This is a technical consent to separate title. The properties exist and are addressed separately. Staff has no issues. In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff are of the opinion this is a consent to correct a merger due to a lapsing of the Part Lot Control By-law used to create unit areas on a Block of land within a subdivision. Staff has no concerns as this is an existing situation. Zoning By-law 2019-051 Low Rise Residential Five Zone (RES-5 in Zoning By- law 2019-051. -5 townhouse and multiple dwellings and requires a minimum lot width of 5.5 metres and minimum lot area of 135 square metres for townhouse dwelling units. The proposed lot widths and lot areas of the proposed severed and retained lots will exceed the minimum lot width and minimum lot area requirements. 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 lot is desirable and appropriate given the circumstance. The uses of both the severed and retained -law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding development. 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: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: No concerns. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: No concerns. Region of Waterloo Comments: No comments. 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 (ROP) Official Plan (2014) Zoning By-law 2019-051 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Commissioner’s Office th 150 Frederick Street, 8floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali W. Phone: 226-751-3388 File: D20-20/24 KIT May 6, 2024 VIA EMAIL Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Comments on Consent Applications - B 2024-008, B 2024-009 st Committee of Adjustment Hearing May 21, 2024 City of Kitchener Please accept the following comments for the above-noted Consent applications to be considered at the upcoming Committee of Adjustment Hearing. Document Number: 4670023 B 2024-008 B7-7 Upper Mercer St Owner –Penny Reitzel; Applicant –Jeff Reitzel The owner/applicant proposes consent to sever in order to correct an accidental merger of title in 2010 (townhome/condominium units 6 and 7). Regional Fee: Regional Staff are not in receipt of the required consent review fee of $350. The fee is required as a condition of final approval for the consent application. Source Water Protection Policy The subject lands are identified within Source Water Protection Areas subject to the Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source Water Protection Plan Compliance issued under S. 59(2) is required by the Region. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the required consent review fee of $350 to the Regional Municipality of Waterloo. 2. That the Owner/Applicant submit a Notice of Source Water Protection Plan Compliance, to the satisfaction of the Region. Version: 1 B 2024-009 500 Stauffer Dr Parts 1 & 2, Plan 58R20312, Parts 3,4 & 5, Plan 58R-5762 and Part of Lot 9, Biehn's Tract, City of Kitchener, Owner: Activa Holdings Inc. / Agent: MHBC (Pierre Chauvin) The owner/applicant proposes consent to sever for a portion of the subject lands (6.3ha of 46ha), in order to create a sanitary servicing block that is to be conveyed to Activa Holdings Inc for future sanitary servicing of lands west of Strasburg Rd (extension of proposed truck sanitary sewer from Sunvest-Reid subdivision). A minor variance is required to facilitate the severance, recognizing the deficient lot width given the irregularly shaped parcel. Archaeological Assessment Regional Staff note the subject property of 500 Stauffer Dr possesses the potential for the recovery of archaeological resources due to its location on a historic landform, having a historic building on the property, proximity to a known archaeological resource located both within the property and within the vicinity of the property. The entire property is considered a potential heritage area of interest, and the building itself is an 1850’s OHA Designated Part IV site. There is also a registered find spot on the site. In accordance with Regional Official Plan Policy 3.G.9, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the subject property. The owner/applicant must submit the Archaeological Assessment to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a copy of the Ministry’s Acknowledgement Letter and the Assessment Report to the satisfaction of the Region of Waterloo. The completed Archaeological Assessment and Ministry Acknowledgement will be required as a condition of approval for consent. Source Water Protection Policy The subject lands are identified within Source Water Protection Areas subject to the Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source Water Protection Plan Compliance issued under S. 59(2) is required by the Region. Version: 1 Regional Staff has no objectionto this application subject to the following condition(s): 1.That as a condition of approval the Owner/Applicant submit a S. 59 Notice in accordance with the Clean Water Act and Waterloo Region policies. 2. That as a condition of approval the Owner/Applicant submit the completed Archaeological Assessment Report and Ministry Acknowledgement Letter to the satisfaction of the Region of Waterloo. Version: 1 General Comments: Any submission requirements may be subject to peer review, at the owner/ applicant’s expense as per By-law 23-062. If any other applications are required to facilitate the application, note that fees are subject to change and additional requirements may apply. Any future development on the lands subject to the above-noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above- noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali Erica Ali Planner, Community Planning Version: 1 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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:Niall Melanson To:Christine Kompter; Tina Malone-Wright; Committee of Adjustment (SM) Subject:May 2024 Committee of Adjustment Engineering Comments Date:Wednesday, May 1, 2024 10:22:05 AM Hi Christine and Tina, Below are Engineering’s comments for the May 2024 Committee of Adjustment applications. Please let me know if you have any questions. A 2024-033 - 1955 Fischer Hallman Rd No comment A 2024-034 - 215 Morgan Ave No comment A 2024-035 - 42 Hazelglen Dr No comment A 2024-036 - 50 Confederation Dr No comment A 2024-037 - 67 Blucher St No comment A 2024-038 - 32 Montana Cres No comment A 2024-039 - 114 Brandon Ave No comment A 2024-040 - 39 Turner Ave No comment A 2024-041 - 133 Max Becker Dr No comment A 2024-042 - 125 Seabrook Dr No comment A 2024-043 - 500 Stauffer Dr No comment B 2024-008 - B7-7 Upper Mercer St Severance is taking place within Waterloo Common Elements Condominium Plan #468 known as 7 Upper Mercer St. Municipal servicing runs into the private site. No additional servicing required. B 2024-009- 500 Stauffer Dr Future servicing needs for the severed lands will be determined through detailed design. Thank you Niall Melanson, C.E.T. Project Manager, Development Engineering, City of Kitchener niall.melanson@kitchener.ca, 519-741-2200 x 7133 200 King St. W., Kitchener, ON N2G 4G7 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Craig, Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: May 8, 2024 REPORT NO.: DSD-2024-236 SUBJECT: Minor Variance Application A2024-043 500 Stauffer Drive Consent Application B2024-009 500 Stauffer Drive RECOMMENDATION: Minor Variance Application A2024-043 A. That Minor Variance Application A2024-043 for 500 Stauffer Drive requesting relief from Section 14.3, Table 14-2, of Zoning By-law 2019-051 to permit a lot width of 141.5 metres, to facilitate the severance of a parcel of land for a sanity servicing corridor, in accordance with Consent Application B2023-009, BE APPROVED. Consent Application B2024-009 B. That Consent Application B2024-009 requesting consent to sever a parcel of land having a lot width of 141.5 metres, a lot depth of 39.2, metres and a lot area of 2,080 square metres, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2024-043 receive final approval. 2. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 4. That the owner provides a digital file of the deposited reference plan(s) *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s).The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to th Mapping Technologist. 5. That the Owner/Applicant submit a S. 59 Notice in accordance with the Clean Water Act and Waterloo Region policies. 6. That the Owner/Applicant submit the completed Archaeological Assessment Report and Ministry Acknowledgement Letter to the satisfaction of the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to create a new parcel of land to be used as a servicing block to facilitate the future sanitary servicing of lands on the west side of Strasburg Road. The approved re-alignment of the Strasburg Road extension has resulted in Activa Holdings requiring a parcel of land to service their lands to the west side of Strasburg Road. A minor variance application is required to legalize the lot width of the severed parcel. 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 a large vacant parcel of land with frontage along Caryndale Drive and Stauffer Drive. The subject property will have frontage along Strasburg Road once the Strasburg Road extension is constructed and completed (estimated completion 2026). The subject property at 500 Stauffer Drive along with the lands to west of Strasburg Road (recently purchased by Activa) Road was divided into two parcels by the Strasburg Road Extension. Since the two parcels were divided by the Strasburg Road extension, the Strasburg Road extension has been realigned which has resulted in Activa requiring a parcel of land from 500 Stauffer Drive to service their lands to the west side of Strasburg Road. Figure 1: Location map- 500 Stauffer Drive Figure 2: Existing site conditions at 500 Stauffer Drive Figure 3: Severance Sketch Land Use Future Use Zone (FTR-1) with Site Specific Provision Zoning By-law 2019-051. The purpose of the application is to create a sanitary servicing block (Block 2) that is to be conveyed to Activa Holdings Inc. to facilitate the future sanitary servicing of lands on the west side of Strasburg Road, which severed parcel Activa is purchasing from the owners of 500 Stauffer Drive (Block 1). A minor variance application is required to legalize the lot width of the severed parcel. The severed lot would have a lot frontage of 141.5 metres and an area of 2,080 square metres, while the retained lot would have a lot frontage of 715 metres, and an area of 394,320 square metres. REPORT: Planning Comments Minor Variance Application A2024-043: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential and Rural in the City of -Rise Residential land use designation is to permit a variety of low-density residential uses while the Rural land use designation allows for agricultural and existing residential uses. The use the subject lands is not proposed to change and the variance will facilitate the creation of a block for sanitary servicing. The proposed consent and associated minor variance will provide infrastructure, municipal services and utilities in a coordinated, efficient and cost- current and projected needs (City of Kitchener Official Plan 14.1.1) and will promote cost- effective development patterns and standards to assist in minimizing servicing costs (City of Kitchener Official Plan 14.1.3). Planning staff is of the opinion that the requested variance General Intent of the Zoning By-law The subject lands are zoned FRT-1 Zone with site-specific Provision (227) in Zoning By- law 2019-051. The purpose of this zone is to permit existing uses until such time as a future development application can ensure the orderly development of land. The permitted lot width in this zone is the existing lot width. The proposed consent and associated variance will allow the creation a new parcel of land to that will be used as a sanitary servicing block to service lands to the west of Strasburg Road. Staff are the opinion the proposed variance to allow for a lot width of 145.1 metres meets the intent of the Zoning By-law as no redevelopment is proposed or permitted at this time and the future development of the subject lands will be reviewed and approved through Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment Applications. Is the Effects of the Variance Minor? The requested variance is minor in nature. Staff is of the opinion that the requested lot width for future sanitary servicing block will not negatively impact any of the adjacent properties or surrounding neighbourhood. Is the Variance Desirable For The Appropriate Development or Use of the Land? The variance is desirable and appropriate as it will facilitate the conveyance of Block 2 from 500 Stauffer Drive and allow for sanitary servicing and for the future development and use of the lands on the west side of Strasburg Road. Planning Comments Consent Application B2024-009: 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. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The future development and servicing of the subject lands will be reviewed and approved in accordance with the applicable provincial, regional and municipal policies. Environmental Planning Comments: Environmental Planning staff have no objections to the proposed minor variance and consent applications. Heritage Planning Comments: The subject property is designated under Part IV of the Ontario Heritage Act. Designating By-law No. 2013-026 provides a description of the property, a statement of cultural heritage value or interest and a list of heritage attributes. Both the severed and retained lands will continue to be designated under Part IV of the Ontario Heritage Act. Currently, Heritage Planning staff have no concerns with the proposed severance and minor variances. Potential adverse/negative impacts to the Part IV designation will require evaluation as part of future applications under the Planning Act for the subject property and lands that are adjacent to the subject property. Building Division Comments: The Building Division has no objections to the proposed minor variance and consent applications. Engineering Division Comments: The Engineering Division has no objections to the proposed minor variance and consent applications. Parks/Operations Division Comments: Parks/Operations staff have no objections to the proposed minor variance and consent applications. Transportation Planning Comments: Transportation staff have no objections to the proposed minor variance and consent applications. Region of Waterloo Comments: Regional Staff has no objection to the consent application subject to the following conditions: 1. That as a condition of approval the Owner/Applicant submit a S. 59 Notice in accordance with the Clean Water Act and Waterloo Region policies. 2. That as a condition of approval the Owner/Applicant submit the completed Archaeological Assessment Report and Ministry Acknowledgement Letter to the satisfaction of the Region of Waterloo. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget Therecommendation 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 (ROP) Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Proposed Severance Sketch PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Commissioner’s Office th 150 Frederick Street, 8floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali W. Phone: 226-751-3388 File: D20-20/24 KIT May 6, 2024 VIA EMAIL Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Comments on Consent Applications - B 2024-008, B 2024-009 st Committee of Adjustment Hearing May 21, 2024 City of Kitchener Please accept the following comments for the above-noted Consent applications to be considered at the upcoming Committee of Adjustment Hearing. Document Number: 4670023 B 2024-008 B7-7 Upper Mercer St Owner –Penny Reitzel; Applicant –Jeff Reitzel The owner/applicant proposes consent to sever in order to correct an accidental merger of title in 2010 (townhome/condominium units 6 and 7). Regional Fee: Regional Staff are not in receipt of the required consent review fee of $350. The fee is required as a condition of final approval for the consent application. Source Water Protection Policy The subject lands are identified within Source Water Protection Areas subject to the Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source Water Protection Plan Compliance issued under S. 59(2) is required by the Region. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the required consent review fee of $350 to the Regional Municipality of Waterloo. 2. That the Owner/Applicant submit a Notice of Source Water Protection Plan Compliance, to the satisfaction of the Region. Version: 1 B 2024-009 500 Stauffer Dr Parts 1 & 2, Plan 58R20312, Parts 3,4 & 5, Plan 58R-5762 and Part of Lot 9, Biehn's Tract, City of Kitchener, Owner: Activa Holdings Inc. / Agent: MHBC (Pierre Chauvin) The owner/applicant proposes consent to sever for a portion of the subject lands (6.3ha of 46ha), in order to create a sanitary servicing block that is to be conveyed to Activa Holdings Inc for future sanitary servicing of lands west of Strasburg Rd (extension of proposed truck sanitary sewer from Sunvest-Reid subdivision). A minor variance is required to facilitate the severance, recognizing the deficient lot width given the irregularly shaped parcel. Archaeological Assessment Regional Staff note the subject property of 500 Stauffer Dr possesses the potential for the recovery of archaeological resources due to its location on a historic landform, having a historic building on the property, proximity to a known archaeological resource located both within the property and within the vicinity of the property. The entire property is considered a potential heritage area of interest, and the building itself is an 1850’s OHA Designated Part IV site. There is also a registered find spot on the site. In accordance with Regional Official Plan Policy 3.G.9, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the subject property. The owner/applicant must submit the Archaeological Assessment to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a copy of the Ministry’s Acknowledgement Letter and the Assessment Report to the satisfaction of the Region of Waterloo. The completed Archaeological Assessment and Ministry Acknowledgement will be required as a condition of approval for consent. Source Water Protection Policy The subject lands are identified within Source Water Protection Areas subject to the Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source Water Protection Plan Compliance issued under S. 59(2) is required by the Region. Version: 1 Regional Staff has no objectionto this application subject to the following condition(s): 1.That as a condition of approval the Owner/Applicant submit a S. 59 Notice in accordance with the Clean Water Act and Waterloo Region policies. 2. That as a condition of approval the Owner/Applicant submit the completed Archaeological Assessment Report and Ministry Acknowledgement Letter to the satisfaction of the Region of Waterloo. Version: 1 General Comments: Any submission requirements may be subject to peer review, at the owner/ applicant’s expense as per By-law 23-062. If any other applications are required to facilitate the application, note that fees are subject to change and additional requirements may apply. Any future development on the lands subject to the above-noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above- noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali Erica Ali Planner, Community Planning Version: 1 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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 41/24and,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:Niall Melanson To:Christine Kompter; Tina Malone-Wright; Committee of Adjustment (SM) Subject:May 2024 Committee of Adjustment Engineering Comments Date:Wednesday, May 1, 2024 10:22:05 AM Hi Christine and Tina, Below are Engineering’s comments for the May 2024 Committee of Adjustment applications. Please let me know if you have any questions. A 2024-033 - 1955 Fischer Hallman Rd No comment A 2024-034 - 215 Morgan Ave No comment A 2024-035 - 42 Hazelglen Dr No comment A 2024-036 - 50 Confederation Dr No comment A 2024-037 - 67 Blucher St No comment A 2024-038 - 32 Montana Cres No comment A 2024-039 - 114 Brandon Ave No comment A 2024-040 - 39 Turner Ave No comment A 2024-041 - 133 Max Becker Dr No comment A 2024-042 - 125 Seabrook Dr No comment A 2024-043 - 500 Stauffer Dr No comment B 2024-008 - B7-7 Upper Mercer St Severance is taking place within Waterloo Common Elements Condominium Plan #468 known as 7 Upper Mercer St. Municipal servicing runs into the private site. No additional servicing required. B 2024-009- 500 Stauffer Dr Future servicing needs for the severed lands will be determined through detailed design. Thank you Niall Melanson, C.E.T. Project Manager, Development Engineering, City of Kitchener niall.melanson@kitchener.ca, 519-741-2200 x 7133 200 King St. W., Kitchener, ON N2G 4G7