HomeMy WebLinkAboutDSD-2024-322 - A 2024-052 - 250 Frederick StStaff Report
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 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: 10
DATE OF REPORT: July 9, 2024
REPORT NO.: DSD -24-322
SUBJECT: Minor Variance Application A2024-052 — 250 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2024-052 for 250 Frederick Street requesting relief
from the following sections of Zoning By-law 85-1:
i) Section 6.1.2 a) to permit a parking requirement of 117 parking spaces instead
of the minimum required 140 parking spaces; and
ii) Section 6.1.2 b) vi) to permit 8 visitor parking spaces instead of the minimum
required 28 parking spaces;
to facilitate the development of four (4) additional dwelling units in an existing
multiple dwelling having 108 units, for a total of 112 units, generally in accordance
with Site Plan Application SP24/032/F/SRM, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to permit the conversion of common amenity space on
the top floor of a high-rise apartment building to be converted into four residential
dwelling units with reduced parking requirements for overall parking and visitor parking
spaces.
• 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 posted to the City'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.
Page 5 of 171
Figure 1: Aerial photo
BACKGROUND:
The subject property is located on the intersection of Frederick and Gordon Streets.
It is identified as `Community Area' on Map 2 — Urban Structure and is designated `High
Rise Multiple Residential' in the Central Frederick Neighbourhood Plan in the City's 1994
Official Plan.
The property is zoned `Residential Nine Zone (R-9)' in Zoning By-law 85-1.
The purpose of the application is to permit parking variances for the conversion of existing
common space on the top floor (17th floor) to four dwelling units.
The applicant has indicated that the basement and parking levels in the building have
storage lockers and laundry facilities. The top floor area on the 17th floor was originally
designed as recreation area with a sauna room and a hobby room. During a site visit of
the building, it was observed that these were unutilized vacant rooms and the owner felt
this was a good opportunity to provide additional rental dwelling units.
Site Plan Application SP24/032/F/SRM has received `Conditional Approval' for the 4 new
dwelling units. It was primarily prepared to identify the required Visitor and Barrier Free
parking spaces.
Page 6 of 171
Drawings for the two levels of underground parking have been received and are attached
to this staff report.
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SITE PLAN
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SATE PLAIN APPLICATION: SP 24/032/F/SRM
PLAN SdiC ..,, --- -R-.P.429
L� T5 1 2 OF R'.P.29
City of Kitchener
U JH OPdAWA-T) HOUSING APIRC.VALS MVISICIIN
Figure 2: Proposed Site Plan
Staff visited the site June 28, 2024.
REPORT:
Planning Comments:
Corr OF NrTC IFTIFIR
CE4Fii,I.€7PDA ENT AN 1"UClJ5'IM(3
APPRGVAL CIVl51CN
SITE PAPd AI FTOV'`hl.,
PURSUANT TO S1rrCXq 41
C F THE PLANNING ACT
IGNATIIRE
---. DATE
THE OWNER AGREES TO
DEVELOP AND MAIN ?' AIN 'THE
SVTE IN COMPLIANCE wiTEHI
THE APPROVED SATE PLAN
AND ACKNOWLEDGES
RECEIPT OF ONE COPY OF
THE APPROVED S"TE PLAN.
SIGMA
DATE:
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 High Rise Multiple Residential designation in the Central Frederick
Neighbourhood Plan is to acknowledge and permit the Acadian Apartment on the subject
land. Multiple dwellings more than 200 units per hectare are permitted. The maximum floor
space ratio is 4, with the above grade gross floor area not exceeding 4 times the lot area. As
the building area is existing floor area, the residential conversion of space is permitted and
will meet the general intent of the Official Plan.
Page 7 of 171
Figure 3: View of property from street.
General Intent of the Zoning By-law
The intent of the parking requirement is to ensure sufficient parking spaces are available for
residents and visitors of the building. The current zoning, `R-9', is within By-law 85-1 which
has existed since 1994 on this property. This zoning requires the proposed total of 112
dwelling units to have 140 parking spaces (1.25 parking spaces per dwelling unit) and 28
visitor parking spaces (20% of the required parking). It is noted that the property will be
rezoned in the future into the newest City Zoning By-law 2019-051. In the new by-law, the
parking requirement for 112 units would be 112 (1 parking space per dwelling unit) with an
additional 12 visitor parking spaces. This is substantially less parking than currently required
and is closer to the 117 spaces proposed in the Site Plan.
Currently, there are no visitor parking spaces on site as this was not a requirement when the
building was originally constructed in 1968 and therefore, they have not been shown previous
plans. Providing 8 visitor spaces on the surface outside the building ensures demarcated and
dedicated parking spaces for visitors.
Staff note that the property is one block from the Strategic Growth Area which has no
minimum parking requirement. The property is on a bus route and just outside the 800
metres to an LRT station. Transportation Planning staff support the proposed parking
variance.
Page 8 of 171
It is noted that 5 barrier -free parking spaces are required (under both by-laws) and that 5
barrier -free spaces are proposed. There is no variance required for these spaces.
Accordingly, the variances will meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
As noted above, the parking reduction is closer to what will be required when the property is
rezoned under By-law 2019-051 and close to public transportation. The owner has also noted
on the Site Plan that vertical bicycle parking will be provided on the ground floor adjacent to
the building. Staff are of the opinion that the parking variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The applicant has advised that the common amenity space on the top floor was a recreation
area with a sauna and hobby room and on a visit by the new owner, was an unutilized vacant
area. There does exist a landscaped area with a picnic table in the north-east corner of the
property as shown on the ground level of the Site Plan.
The parking reductions, as noted above, can be considered minor and meeting the intent
of both Official Plan and Zoning By-law. The addition of dwelling units is a gentle
intensification of the residential building on the subject property and supports the City
Housing Pledge in the supply more residential rental units.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 250 Fredrick
Street is located within the Central Fredrick Neighbourhood CHL. The owner and the public
will be consulted as the City considers listing CHLs on the Municipal Heritage Register,
identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific
conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the additional residential units in the existing building is obtained prior to construction. Please
contact the Building Division at build ing(a-)kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
All Parks requirements will be addressed through Site Plan Application SP24/031/F/SRM.
Page 9 of 171
Transportation Planning Comments:
Transportation Services can support the proposed parking reduction as the existing
parking supply will remain as is.
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 — This report has been posted to the City's 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 the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 85-1
ATTACHMENTS:
Attachment A — Underground garage parking plan (2 levels)
Page 10 of 171
June 25, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(1) 06 FREDERICK 250 FREDERICK STREET
250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 — 250 Frederick Street — No concerns.
2) A 2024 - 053 — 224 Contrystone Crescent (Unit C) — There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 — 124 Woolwich Street — No concerns.
4) A 2024 - 055 — 71 Kingsbury Drive — No concerns.
5) A 2024 - 056 — 359 Highland Road West — No concerns.
6) A 2024 - 057 — 176 Woolwich Street — 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
Document Number: 4714959
Page 1 of 2
Page 13 of 171
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,
ew
Joginder Bhatia
Transportation Planner
C (226) 753-0368
M
Mariah Blake, City of Kitchener
CofA(o)Kitchener. ca
Katrina Fluit, Region of Waterloo — FYI only.
Document Number: 4714959 Page 2 of 2
2
Page 14 of 171
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June 28, 2024
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — July 16, 2024
Applications for Minor Variance
A 2024-052
250 Frederick Street
A 2024-053
224 Countrystone Crescent
A 2024-054
124 Woolwich Street
A 2024-055
71 Kingsbury Drive
A 2024-056
359 Highland Road West
Applications for Consent
B 2024-013 1188 Fischer Hallman Road
B 2024-014 267 Dumfries Avenue
B 2024-015 82 York Street
via email
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 are not subject to Ontario
Regulation 41/24 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(o)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
N4(ir�irr r tai �:.c7i seI,vaIion �.)nhflira, r�Eac�.���e� II Ince OIIP Ill IO'r �6 b onseivcit'on f',flt )o[c� ic's ( I IId — A (r'ar�) d(I1M1 1 l(110 w, ItiVP�,
Page 15 of 171
From:
To. Committee of Adhmment (W)
SIJII�ject: Commiittee of Adjustimfit applimcation A20244152
DaW Tuesday, Jull'y 2, 2024 630:36 AM
You don"t often qet ernad from Lr-arn yythis ils jm�2ortant
Hi there,
I would like to for nia.11 y voice iny objection to the application that has been submitted to
change the parking lot at 250 Frederick St.
I corn a tenant of this property and my fellow tenants and I are currently in a legal dispute with
the building inanagenient ("250 Frederick hic") regarding the use and access of the parking
garage and the visitor parking, Our building management has denied paying tenants access to
the garage, imposed extra fees to access the garage that are illegal under the Current LTB mules
and have repeatedly targeted ceilain tenants who have chosen to exert their rights under the
tenant protection act. This application to change the number of parking spots is nothing but a
devious back -door way to make our lives here more difficult so that we will vacate our rent -
controlled units.
'thank you for taking the time to read this
Kathleen Flohr
Page 16 of 171
From:
To. Committee of Adhmment (.SM)
SIJII�ject: Submisim
DaW Tuesday, Jull'y 2, 2024 1;'58.57 PMI
You don"t often qet ernad from Learn wh� CNs us €rnpoiilain
t
I've been living at the address below for 17yYve been deprived of my underground
parking space even though
my parking fee is included in my renit( unless I pay $250 per monith).On 28 of,lune
received N13 notice!
I-0
Page 17 of 171
From:
Taa. Committee of Adhmtrnent (W)
sljllrject: Re: Parking Lssue at 250 Frederick Street
DaW Thursday, Jull'y 11, 2024 UA6:21 PM
You don"t often qet ernad frorn I earra whthis i� hiloortan
I should have added, and it is well known, that our new landlord offered to provide
parking for $250 per mionth, which is not acceptable nor affordable by me and most
tenants. My previous parking fee was about $,3i8 per month.
-----OdgJin4I Message--,---
From-
Sent: Thursday, Jluly 11, 2024 12:19 AM
To. Committee of Adjustment (S,M) <Cori mifteeofAdiustmentdkitc,he,nier.cai>
Subje�ct: Parking issue at 250 Frederick Street
This is my submissbn for the rneefing related to the parking issuie at 250 Frederick Street, to, be heldl in
the Conestoga Room at 101arn on July 16, 2024,
From- Peter Sawatzky
Page 18 of 171
Subject: Parking issues at 250 Frederick Street since change of building ownership from Grand River
Property Management to 250 Frederick Inc.
My new landlord '250 Frederick Inc.' (associated with serial renovictor Michael Klein) revoked my on-site
parking privileges that I have had and have paid for since I moved here on August 1 2007. Apparently
their vague rationale was based on minor ambiguous differences in the wording of leases over the years.
I have lived here and parked underground here for 17 years!! And my annual N1 forms (until this year's
from the new owner) clearly identified the amount that I paid for rent and the amount that I paid for
parking. When my new rental amount (per the N1 form) comes into effect on August 1 2024, 1 am asked
to pay the CPI percentage increase on both, but am still not permitted to park in the spot that I had for 17
years. This makes no sense!!! The current owner/landlord simply wants to make huge profits by any
means, legal or not, on the backs of tenants who have faithfully paid their rents and parking fees over
many years. There is no conceivable way that this is legal. In fairness, the new landlord should not only
refund us the difference for lost parking privileges but also compensate us for the great inconvenience
and stress he has caused us!
I (and all affected tenants) would like to see this matter fairly resolved ASAP, by whatever means
necessary!
Thank you for your time and effort on this important matter.
Sincerely,
Peter Sawatzky
[Sorry, due to time conflict, I am not able to be in attendance at the meeting of July 16.]
Page 19 of 171
From:
T ., Committee, ofAdiustratfIt (SW
.
Sullafect: Application 25O Frederick Street (A?024-052)
Date; Thursday, Jully 11, 2024 11 36.06 AM
You don't often gc-t ernad frorr Lo.airn whffik, s importaint
HeUlo there,
I currently live at 250 Frederick Street, with my husbandand we have called this our
home for 17 years.
We oppose Ithis application (A,2024-052) because there is a pending dispB
regarding the current parking ederick. The owner of the b,uiildingi is extorting
the residents for money to park their vehicles underground when it is in their iease that
M. rking is included. We are currently paying $250 per month to be able to park our car
i
where it has been parked' for the past 17 years - underground as it states in our lease that
was signed over 17 years ago.
I havea physical disability that does not allow me to roam all around the side streets just t,#.
dragil my groceries for miles after finding a parking spot on the street (currently the City is
allowing us to park on the side streets)i.
INVIR 11 ! VIII i I 1 !11! 23�0
Thank you for your time,
Lisa P,ietschinski
Page 20 of 171
From:
Ton. Committee of Adhmtrnent (.5M)
sullnject: PKiWn in preparation for hearing of A2204-052 50 Frederick SL
data:: Thursday, Jull'y 11, 2024 3:41;56 PM
Attachments:
You doin't ofter"ii get eriiaul from . Learn wh
Committee of Adjustment Hearing, Juily 16,2024
Please accept for consideration , this petition on behalf of the interested parties and residents of 250
Frederick st. Kitchener
Thank you
Submitted by
Christopher Wilson
0-T-IMMIMMT-11M
Page 21 of 171
Joint resident petitioned response to the application presented to Kitchener Committee of Adjustment
Issue Parking;
The current 250 Frederick street ni residential site plan (SP 12/068/F/SR) dated June 2712013 describes 117 of the
140 required parking spaces in the application A2024-052. Of these 1.1.7' there are 13 of the 28 minimum : spaces required
with open to air parking spaces in the back of the buiiiilding, 9 of which are for Visitor parking. These are all accounted for
in, the total of 117 spaces of the 107 required as, permission granted by the 2012 Committee of Adjustment. The 117
parking spaces fall short of the 140 total required. The 9 visitor parking spaces of the mininnum required 28 are not, and
have not been utiflized as resident visitor parking as per the current site plan intent when permission, for the last
adjustment in 2012 was granted. The current plan clearly states that the owner agrees to "develop and maintain the site
iin compliance with, the approved site plan" (see plan application 12/0168/F/S/R).
The applicants for this current adjustment review have presented to the committee of Adjustment an application when
they have permanently uised the resident visitors parking space for use other than Resident parking and thus, arbitrarily
removed more than half of these spaces (two space no parking and a 3 space dumipster for trash removal) from the plain
of 9 available as was intended for the residential parking plan,
Residents are currently and have been receiving Bylaw parking citations (penalty) for parking in Visitor parking spaces
as this applicant makes use of bylaw enforcement to limit resident access to the current plan of 9 permitted of the 28
required resident visitor parking spaces alone.
This applicant has also increased the cost of parking inside the building for many existing residents and some by as much,
as 300%, thus pricing them out of parking within the intended plan and onto the street parking which there is none for
overnight This creates an affoirdablle housing shortage circumstance for the current resiidents, Our current Kitchener
parking Bylaw enforcement resources are being used to cover the city, parking overflow of thiis parking shortage that has
been created by the applicant. Through citation and permits, this expense of using city resources is unfair to both the
city administration and the taxpayer who Is paying for it. We challenge the committee to obtain parking bylaw
enforcement history records of the resource utilization not only of the residents of the 250 Frederick address but to
include the others in the immediate surrounding area..
Of the parking spaces available in this plan there Is no room orconsiideration inisidle or outside for resident or visitors
that are disabled and in need of parking space, or acce5siNlity to their residence in this application, The Accessibility for
Ontarians with Disobilities Act (AODA) is a, law that sets out a process, for developing a nd enforcing accessibility
standards. The standards for this location have been framed by the framers with a grandfather clause protecting the,
property owner from extensive compliance andl renovation costs with property built before the implementation of the
Act. This grandfather clause shouild be sufficient to protect the applicant and their financial interest but it falls short of
protecting the aged and disabled population residing at 250 Frederick Street, Accessible parking spaces that should be
allocated but is not yet, would further reduce the number of parking spaces available to the residents,
The reasons, for rejecting this application are clear. Adding more required parking space to an existing overly parking
congested situation would be detrimentalll to the city resources and residents residing at this 250 Frederick location and
their ability to park their vehicles,
Name; Uln,it# Telephone: Email: Date;
A-7
Page 2� o 71
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Joint resident petitioned response to the application presented to Kitchener Committee of Adjustment. (Cmem l!d)
Name; UnO 'Telephone: Email: Date;
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Page�24 qf 1,71
Joint resident
pOJtioned response to the appkafion presented tri l Kitcheriller
Comri�tt�ee of Adjustment,
(Contd)
Name,;
Unittt Telephone�
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Date;
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Page 25 of71
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Joint resident pe ise to the application, presented to Kitchener Committee of Adjustment. (Cont'd)
Name; Umt#
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M
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Date;
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Joint re5ident petitionedrespoor e to the appkzition, presented to Kitchener CorTimittee of AdjLJstmpnt. (Cont'd)
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Joint resident petitioned response to the application presented to Kitchener Committee of Adjustment. (CorWd)
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JIIN36Y NOMOIS
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JIIN36Y NOMOIS
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