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HomeMy WebLinkAboutCA Minutes - 2024-06-18 Committee of Adjustment Committee Minutes June 18, 2024, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: S. Hannah, Member B. Santos, Member B. McColl, Member M. Gambetti, Member Staff: T. Malone-Wright, Supervisor, Development Applications D. Seller, Transportation Services M. Blake, Committee Coordinator C. Owen, Administrative Clerk _____________________________________________________________________ 1. COMMENCEMENT The Committee of Adjustment met this date commencing at 10:00 a.m. 2. MINUTES That the regular minutes of the Committee of Adjustment meeting held May 21, 2024, as circulated to the members, be accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. NEW BUSINESS 1 5.1 A 2024-044 - 160 Webster Road, DSD-2024-276 Submission No.: A 2024-044 Applicant: Tri-Arc Realty Inc. Property Location: 160 Webster Road Legal Description: Plan 1525, Lot 10 Appearances: In Support: J. Filiatrault M. DeBrowe R. Mason Contra: None Written Submissions: None The Committee was advised the applicant requested permission to expand a legal non-conforming 'Heavy Industrial - Sale, Rental and Service of Industrial Equipment' use currently 1,258.98 sq.m. in a 'Heavy Industrial Zone (EMP-3)', to expand by 128.76 sq.m. to facilitate the enclosure an existing open loading area, in accordance with Conditionally Approved Site Plan Application SP24/012/W/AA. The Committee considered Development Services Department report DSD-2024- 276, dated May 28, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 29, 2024, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2024, advising they have no concerns with the subject application. R. Mason, Witzel Dyce Engineering Inc., was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by B. Santos 2 That the application of TRI-ARC REALTY INC requesting permission to expand a legal non-conforming 'Heavy Industrial - Sale, Rental and Service of Industrial Equipment' use currently 1,258.98 sq.m. in a 'Heavy Industrial Zone (EMP-3)', to expand by 128.76 sq.m. to facilitate the enclosure an existing open loading area, in accordance with Conditionally Approved Site Plan Application SP24/012/W/AA, on Plan 1525, Lot 10 , 160 Webster Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The approval of this application is in the public interest as it would allow for the continuation of the existing use. 2. The approval of this application will not adversely impact the adjacent properties or the neighborhood as a whole. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 5.2 A 2024-045 - 3 Ivy Lane Court, DSD-2024-271 Submission No.: A 2024-045 Applicant: Aziz Sedaghati Property Location: 3 Ivy Lane Court Legal Description: Plan 58M-313, Lot 71 Appearances: In Support: A. Sedaghati M. Shafii Contra: None Written Submissions: None 3 The Committee was advised the applicant requested permission to permit a rear yard setback of 3.0m rather than the minimum required 7.5m to facilitate the construction of a 1-storey addition at the rear of the existing single detached dwelling to provide additional living space. The Committee considered Development Services Department report DSD-2024- 271, dated June 5, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 29, 2024, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2024, advising they have no concerns with the subject application. M. Shafii, MBHF Engineering Solutions Inc., was in attendance in support of the staff recommendation. Moved by B. Santos Seconded by M. Gambetti That the application of AZIZ SEDAGHATI requesting a minor variance to permit a rear yard setback of 3.0m rather than the minimum required 7.5m to facilitate the construction of a 1-storey addition at the rear of the existing single detached dwelling to provide additional living space, generally in accordance with drawing and plans prepared by BHF Engineering Solutions Inc., dated April 25, 2024, on Plan 58M-313, Lot 71, 3 Ivy Lane Court, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting min www.kitchener.ca. 4 Carried 5.3 A 2024-046 - 59 Cartier Drive, DSD-2024-284 Submission No.: A 2024-046 Applicant: Sharon Harris Property Location: 59 Cartier Drive Legal Description: Plan 1242, Part Lot 15 Appearances: In Support: S. Harris A. Josic Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit an interior side yard setback of 0.6m rather than the minimum required 1.2m to facilitate the construction of a 1-storey addition at the rear of an existing semi- detached duplex dwelling. The Committee considered Development Services Department report DSD-2024- 284, dated June 4, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 29, 2024, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2024, advising they have no concerns with the subject application. S. Harris and A. Josic, AFJ Building Design, were in attendance in support of the staff recommendation. Moved by B. Santos Seconded by M. Gambetti 5 That the application of SHARON M HARRIS requesting a minor variance to permit an interior side yard setback of 0.6m rather than the minimum required 1.2m to facilitate the construction of a 1-storey addition at the rear of an existing semi-detached duplex dwelling, generally in accordance with drawings prepared by AFJ Building Design Inc., dated March 14, 2024, on Plan 1242, Part Lot 15, 59 Cartier Drive, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting minutes, which are ava www.kitchener.ca. Carried 5.4 A 2024-047 - 948 Chapel Hill Court, DSD-2024-269 Submission No.: A 2024-047 Applicant: Scott Farrell Property Location: 948 Chapel Hill Court Legal Description: Plan 58M-630, Part Lot 13 Appearances: In Support: O. Al-Rayes Contra: None Written Submissions: None 6 The Committee was advised the applicant requested permission to permit a rear yard setback of 2.4m rather than the minimum required 4.0m to permit the construction of an unenclosed rear deck, greater than 0.6m in height, onto a detached dwelling. The Committee considered Development Services Department report DSD-2024- 269, dated June 5, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 29, 2024, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2024, advising they have no concerns with the subject application. O. Al-Rayes, Hickory Dickory Decks, was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of SCOTT FARRELL and KAREN NGUYEN requesting a minor variance to permit a rear yard setback of 2.4m rather than the minimum required 4.0m to permit the construction of an unenclosed rear deck, greater than 0.6m in height, onto a detached dwelling, generally in accordance with drawings prepared by Hickory Dickory Decks, dated May 1, 2024, on Plan 58M-630, Part Lot 13, 948 Chapel Hill Court, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. 7 Carried 5.5 A 2024-048 - 101 Breckenridge Drive, DSD-2024-272 Submission No.: A 2024-048 Applicant: Mehari Teages Tesfazghi Property Location: 101 Breckenridge Drive Legal Description: Plan 1307, Part Lot 30, Part Block B, Registered Plan 58R- 6824, Part 22 Appearances: In Support: G. Sedra Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit an interior side yard setback of 1.2m rather than the minimum required 2.5m to facilitate the construction of a rear yard addition on an existing townhouse dwelling. The Committee considered Development Services Department report DSD-2024- 272, dated June 5, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 29, 2024, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2024, advising they have no concerns with the subject application. G. Sedra, GS Engineering, was in attendance in support of the staff recommendation. In response to questions from the Committee regarding the number of stories permitted for the subject application, as recommended in the Development Services Department report, DSD-2024-272, T. Malone-Wright confirmed one- 8 story is permitted and staff's recommendation is in accordance with the drawings provided. Moved by M. Gambetti Seconded by B. Santos That the application of MEHARI TESFAZGHI requesting a minor variance to permit an interior side yard setback of 1.2m rather than the minimum required 2.5m to facilitate the construction of a rear yard addition on an existing townhouse dwelling, generally in accordance with drawings prepared by GS Engineering, dated December 2023, on Plan 1307, Part Lot 30, Part Block B, Registered Plan 58R-6824, Part 22, 101 Breckenridge Drive, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 5.6 A 2024-049 - 174 Wellington Street North, DSD-2024-274 Submission No.: A 2024-049 Applicant: Jeffrey Patrick Blackham Property Location: 174 Wellington Street North Legal Description: Plan 376, Part Lot 269 Appearances: In Support: J. Blackham D. Essex 9 Contra: None Written Submissions: J. Brown The Committee was advised the applicant requested minor variances to By-law 2019-051 to facilitate the conversion of a semi-detached dwelling (2 dwelling units) into a semi-detached duplex (4-unit multiple dwelling) on a lot having a lot area of 448 sq.m. rather than the minimum required 495 sq.m; a front yard setback of 0.98m rather than the minimum required 4.5m; a westerly side yard setback of 2.5m rather than the minimum required 3.0m; an easterly side yard setback of 2.4m rather than the minimum required 3.0m; a landscaped area of 15% rather than the minimum required 20%; to not provide private patios for the ground floor units whereas the zoning by-law requires a private patio be provided; as well as, minor variances to By-law 2024-074 to permit a rear yard landscaped area of 24% rather than the minimum required 30%; and, to permit a front yard setback of 0.98m rather than the minimum required 4.5m. The Committee considered Development Services Department report DSD-2024- 274, dated June 5, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 3, 2024, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2024, advising they have no concerns with the subject application. J. Blackham was in attendance in support of the staff recommendation with the exception of the Metrolinx conditions. D. Essex was also in attendance in support of the application. In response to questions from the Committee, T. Malone-Wright confirmed there is no construction proposed for the front yard. The Committee noted the conditions proposed by Metrolinx are unnecessary and an onerous process for the applicant. As such, the Committee discussed and agreed to approve the staff recommendation, with the exception of Conditions 1 & 2, as outlined in the Development Services Department report, DSD-2024-274. 10 Moved by B. McColl Seconded by M. Gambetti That the application of JEFFREY PATRICK BLACKHAM requesting minor variances to By-law 2019-051 to facilitate the conversion of a semi-detached dwelling (2 dwelling units) into a semi-detached duplex (4-unit multiple dwelling) on a lot having a lot area of 448 sq.m. rather than the minimum required 495 sq.m; a front yard setback of 0.98m rather than the minimum required 4.5m; a westerly side yard setback of 2.5m rather than the minimum required 3.0m; an easterly side yard setback of 2.4m rather than the minimum required 3.0m; a landscaped area of 15% rather than the minimum required 20%; to not provide private patios for the ground floor units whereas the zoning by-law requires a private patio be provided; as well as, minor variances to By-law 2024-074 to permit a rear yard landscaped area of 24% rather than the minimum required 30%; and, to permit a front yard setback of 0.98m rather than the minimum required 4.5m, generally in accordance with drawings prepared by Jeffrey Blackham, submitted with Minor Variance Application A2024-049, on Plan 376, Part Lot 269, 174 Wellington Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried, as amended 5.7 B 2024-010 - 578 Guelph Street, DSD-2024-270 Submission No.: B 2024-010 Applicant: Estate of Lyle Mayer and Connie Mayer Property Location: 578 Guelph Street Legal Description: Plan 750, Lot 14 11 Appearances: In Support: S. Wong Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever a parcel of land having a lot width of 9.1m, a lot depth of 36.5m and an area of 334.5 sq.m., the retained land will have a width of 9.1m, a lot depth of 36.5m, and an area of 334.5 sq.m. The single detached dwelling is proposed to be demolished and 2 duplex dwellings are proposed to be constructed. The Committee considered Development Services Department report DSD-2024- 270, dated June 5, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 29, 2024, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2024, advising they have no concerns with the subject application. S. Wong was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by B. Santos That the application of ESTATE OF LYLE MAYER and CONNIE MAYER requesting permission to sever a parcel of land having a lot width of 9.1m, a lot 9.1m, a lot depth of 36.5m, and an area of 334.5 sq.m. The single detached dwelling is proposed to be demolished and 2 duplex dwellings are proposed to be constructed, on Plan 750, Lot 14, 578 Guelph Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 12 icitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property. 3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the 4. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding of Engineering Services, prior to deed endorsement. 6. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 7. That the property owner shall ensure any new driveways are to be built o Engineering Services. 8. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the Cit the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street or of Engineering Services. 9. That the property owner shall implement a suitable design solution for a Services. 10. That the property owner shall pay to the City of Kitchener a cash-in- lieu contribution for park dedication of $11,862.00. 13 11. That the property owner shall fulfil one of the following requirements to ensure that any City-owned tree(s) will not be impacted by the proposed development: a. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following: i. That the property owner shall prepare a Tree Preservation and Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by th Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except wi ii. That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the iii. That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. OR b. That the property owner shall make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of 12. That the property owner shall obtain Demolition Control Approval, in accordance -law, to the satisfaction of the 13. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. Development and Housing Approvals, shall enter into an agreement with the City 14 of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City shall include the following: a. That the property owner shall submit a plan, prior to any grading, servicing or the application or issuance of a demolition or building permit, prepared by a qualified consultant, to the satisfaction and approval of the i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; v. justification for any trees to be removed; and vi. outline tree protection measures for trees to be preserved; and vii. building elevation drawings. viii. If necessary, the plan shall include required mitigation and or compensation measures. ix. That the property owner shall ensure the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). b. That the property owner shall ensure any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the 15. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 15 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 5.8 B 2024-011 to 012 & A 2024-050 to 051, 51 Charles Street East, 75 Charles Street East and 47-75 Charles Street East & 40-50 Eby Street South, DSD- 2024-283 Submission No.: B 2024-011 to 012 & A 2024-050 to 051 Applicant: House of Friendship c/o Jackie Keller Property Location: 51Charles Street East, 75 Charles Street East and 47-75 Charles Street East & 40-50 Eby Street South Legal Description: Plan 367, Part Lots 2 to 5, Plan 393, Part Lot 18 Appearances: In Support: R. Wolff Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever two parcels of land and retain one parcel to facilitate the development of 2 new mixed- the application, will have a width on Charles Street East of 73.5m, a depth of 38.1m and an area of 2790 sq.m.; and, permission to grant an easement over the sed as 51 and 75 Charles Street East) for the purpose of access. Permission is also 16 spaces per dwelling unit whereas 0.2 parking spaces are required, to facilitate a 7-storey, 103-unit supportive affordable housing development as outlined in Site submitted with the application will have a width on Charles Street East of 31.8m, a depth of 43.58m, and an area of 1680 sq.m.; and, permission to grant an municipally addressed as 51 and 75 Charles Street East) for the purpose of spaces are required; and, to permit 1 space per 140 sq.m. of office space, whereas as the By-law requires 1 space per 90 sq.m. of office space, to facilitate a 10-storey, 69-unit affordable housing and retail/office development as outlined in Site Plan Application SP24/023/K/TS. The retained land (municipally addressed as 50 Eby Street South) will have a width on Eby Street of 20.18m, a depth of 64.93m, and an area of 2120 sq.m. and existing building will remain. The Committee considered Development Services Department report DSD-2024- 283, dated June 5, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 29, 2024, and June 10, 2024, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2024, advising they have no concerns with the subject application. R. Wolff, MHBC Planning, was in attendance in support of the staff recommendation. In response to questions from the Committee, T. Malone-Wright noted that the - however the zoning is currently waiting the approval of the corresponding Official Plan Amendment and is not yet in effect at this time. In response to questions from the Committee regarding the initial severance and minor variance applications approved by the Committee in 2021, R. Wolff noted the previous severance applications have lapsed, and the applicant is reapplying for the same lot configurations previously approved. The applicant also noted the 17 minor variances previously approved in 2021 remain in effect, however reduced parking rate requests have been included in the current application. In response to further questions, T. Malone-Wright verified the existing structures on 47-63 Charles Street East (severed lands 1) are proposed to be demolished in order to redevelop, while severed lands 2, consisting of 75 Charles Street East is proposed to be redeveloped, and 40-42 Eby Street will be demolished in order to provide parking access for each of the severed lands. T. Malone-Wright also confirmed that the retained parcel (50 Eby Street South) will remain a multiple dwelling building. It was requested that the applications B 2024-011, B 2024-012, A 2024-050, and A 2024-051 be voted on separately by the Committee this date. A 2024-050 - 51 Charles Street East Moved by M. Gambetti Seconded by B. McColl That the application of HOUSE OF FRIENDSHIP (JACKIE KELLER) requesting a minor variance to permit 0 parking spaces per dwelling unit instead of the minimum required 0.2 parking spaces per dwelling unit, in accordance with Site Plan Application SP24/013/C/TS, on Plan 367, Part Lots 2 to 5, Plan 393, Part Lot 18, 51 Charles Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 18 A 2024-051 - 75 Charles Street Moved by M. Gambetti Seconded by B. Santos That the application of HOUSE OF FRIENDSHIP (JACKIE KELLER) requesting relief from Section 6.1.2 a) of Zoning By-law 85-1, to permit 0 parking spaces per dwelling unit instead of the minimum required 0.2 parking spaces per dwelling unit; and, a minor variance to Zoning By-law 2019-051 to permit a parking rate of 1 parking space per 140 square metres of Gross Floor Area (GFA) for office use instead of the minimum required 1 parking space per 90 square metres of Gross Floor Area (GFA) for office use, in accordance with Site Plan Application SP24/023/C/TS, on Plan 367, Part Lots 2 to 5, Plan 393, Part Lot 18, 75 Charles Street East, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting www.kitchener.ca. Carried B 2024-011 - 51 Charles Street East Moved by M. Gambetti Seconded by B. Santos That the application of HOUSE OF FRIENDSHIP (JACKIE KELLER) requesting permission to sever a parcel of land having a lot width of 73.5 metres, a lot depth of 38.1, metres and a lot area of 2,790 square metres, and to create an irregular shaped easement over the severed lands, in favour of 75 Charles Street East, for access and servicing, generally in accordance with the Severance Sketch, prepared by JD Barnes Limited, dated June 6, 2024, on Plan 367, Part Lots 2 to 19 5, Plan 393, Part Lot 18, 51 Charles Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall ensure the Minor Variance Application A2024- 050 receive final approval. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property. 4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital 5. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfa Services, prior to deed endorsement. 7. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 8. That the property owner shall ensure any new driveways are to be built to the f Engineering Services. 9. That the property owner shall provide confirmation that the basement elevation owner will need to pump the sewage via a pump and forcemain to the property line and have a Director of Engineering Services. 10. That the owner shall implement a suitable design solution for a sump pump 20 11. That the property owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b. clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor shall be provided to the City Solicitor. 13. That the property owner shall ensure a qualified designer shall be retained to complete a Building Code Assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 14. That the property owner shall ensure a Building Permit will be obtained and closed for any remedial work/upgrades that may be required by the Building Code Assessment. 15. That the property owner shall make satisfactory finanical arrangements to the Region of Waterloo for the consent application review fee of $350.00. 16. That the property owner/applicant shall ensure that prior to approval, a Record of Site Condition (RSC) and Ministry Acknowledgement letter is submitted to the Regional Municipality of Waterloo for both severed and retained Development. 17. That the property owner shall ensure that prior to approval, the owner/applicant shall enter into a development agreement with the Regional Municipality of Waterloo, to be registered on title for the severed lands, to the satisfaction of the Regional Municipality of Waterloo as follows: 21 a. That the property owner agrees to construct all residential units with forced air-ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. b. The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the building units/noise sensitive land uses e.g., daycare, medical building etc.: i. Noise Warning Type D: central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of ii. Noise Warning Type B: the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic, rail transit, or stationary sources in proximity may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting minutes, which are availab www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. 22 Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried B 2024-012 - 75 Charles Street East Moved by M. Gambetti Seconded by B. Santos That the application of HOUSE OF FRIENDSHIP (JACKIE KELLER) requesting permission to sever a parcel of land having a lot width of 31.8 metres, a lot depth of 43.5, metres and a lot area of 1,680 square metres, and to create an irregular shaped easement over the severed lands, in favour of 51 Charles Street East, for access and servicing, generally in accordance with the Severance Sketch, prepared by JD Barnes Limited, dated June 6, 2024, on Plan 367, Part Lots 2 to 5, Plan 393, Part Lot 18, 75 Charles Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-051 receive final approval. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property(ies). 4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submissi 5. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset to deed endorsement. 23 7. That the owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 8. That any new driveways are to be built to City of Kitchener standards at the 9. That the owner shall provide confirmation that the basement elevation can be drained by gravity to the Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the stre of Engineering Services. 10. The owner shall implement a suitable design solution for a sump pump outlet 11. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the a. clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor shall be provided to the City Solicitor. 13. That a qualified designer shall be retained to complete a Building Code Assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial Official. Closing in of openings may be required, pending spatial separation calculation results. 14. That a Building Permit shall be obtained and closed for any remedial work/upgrades that may be required by the Building Code Assessment. 24 15. That prior to approval the owner/applicant shall submit the consent review fee of $350 per application for current and prior consent applications for a total of $700 to the Regional Municipality of Waterloo. 16. That prior to approval, the owner/applicant shall submit a Record of Site Condition (RSC) and Ministry Acknowledgement letter to the Regional Municipality of Waterloo for both severed and retained parcels, unless otherwise 17. That prior to approval, the owner/applicant shall enter into a development agreement with the Regional Municipality of Waterloo, to be registered on title for the severed lands, to the satisfaction of the Regional Municipality of Waterloo, as follows: a. That the owner agrees to construct all residential units with forced air- ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. b. The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the building units/noise sensitive land uses e.g., daycare, medical building etc.: i. Noise Warning Type D: central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of ii. Noise Warning Type B: the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic, rail transit, or stationary sources in proximity may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 25 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6. ADJOURNMENT On motion, this meeting adjourned at approximately 10:30 a.m. Mariah Blake Secretary-Treasurer Committee of Adjustment 26