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HomeMy WebLinkAboutDSD-2024-531 - A 2024-114 to 119, B 2024-041 to 047 - Weber & LancasterStaff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 10, 2024 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Andrew Pinnell, Senior Planner, 519-783-8915 WARD INVOLVED: Ward 10 DATE OF REPORT: REPORT NO.: December 3, 2024 DSD -2024-531 SUBJECT: Minor Variance Applications A2024-114 - A2024-119 Consent Applications B2024-041 - B2024-047 Addresses: 98-102 Weber St. E. and 217-233 Lancaster St. E. Owner of 98-102 Weber St. E. and 221-233 Lancaster St. E: 1678838 Ontario Inc. Owner of 217 Lancaster Street East: William Reitzel and Lisa Willms RECOMMENDATION: A. Minor Variance Application A2024-114 (98-102 Weber Street East; Retained Lot) Zoning By-law 85-1 That Minor Variance Application A2024-114 for 98-102 Weber Street East requesting the following relief from the following Sections of Zoning By-law 85-1: i) Section 5.12.1 to permit two (2) single detached dwellings on a single lot, whereas no more than one (1) is permitted; ii) Section 5.3 to permit an obstructed Driveway Visibility Triangle (DVT), whereas no obstruction to visibility is permitted; iii) Section 5.6A.4 d) to permit a front yard porch exceeding 0.6 metres in height above finished grade level to have a setback of 1.6 metres, whereas 4.5 metres is required; iv) Section 5.22 g) to provide no bicycle parking (0 spaces), whereas two (2) spaces are required; v) Section 39.2.1 to permit a front yard setback of 2.8 metres whereas 4.5 metres is required; and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 303 of 403 vi) Section 5.6A.1 a) and c) to permit a balcony to be supported by the ground and setback 1.6 metres from the front lot line, whereas a balcony is not permitted to be supported by the ground and a 3 metre setback is required; to facilitate the legalization of two existing dwellings [i.e., 1 Single Detached Dwelling without Additional Dwelling Units at 98 Weber Street East and 1 Single Detached Dwelling with 1 Additional Dwelling Unit (Attached) at 102 Weber Street East] on the Retained Lot, as determined though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Retained Parcel — 98, 102 Weber Street East, Kitchener attached to Report DSD - 2024 -531, BE APPROVED. Zoning By-law 2029-051 That Minor Variance Application A2024-114 for 98-102 Weber Street East requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 4.12 a), to permit two single detached dwellings on a single lot, whereas no more than one is permitted; ii) Section 6.3.1, Table 6-2, to permit a front yard setback of 2.8 metres, whereas 4.5 metres is required; iii) Section 4.14.7 b), to permit a porch to be set back 1.6 metres from the street line, whereas 3 metres is required, and to allow a height exceeding 1 metre above the ground; iv) Section 5.6, Table 5-5, to provide no Class C bicycle parking (0 spaces), whereas two (2) spaces are required; v) Section 4.14.2 b) and d) to permit a balcony to be supported by the ground to be setback 1.6 metres from the street line, whereas a balcony may not be supported by the ground and requires a setback of 3 metres; and vi) Section 4.14.10 b) to permit steps that exceed 0.6 metres above grade to be located 1.6 metres from a street line, whereas 3 metres is required; to facilitate the legalization of two existing dwellings [i.e., 1 Single Detached Dwelling without Additional Dwelling Units at 98 Weber Street East and 1 Single Detached Dwelling with 1 Additional Dwelling Unit (Attached) at 102 Weber Street East] on the Retained Lot, as determined though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Retained Parcel — 98, 102 Weber Street East attached to Report DSD -2024-531, BE APPROVED subject to the following: This Minor Variance shall become effective only at such time as By-law 2024-065 (For PMTSA Lands) 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. Page 304 of 403 B. Minor Variance Application A2024-115 (217 Lancaster Street East) Zoning By-law 85-1 That Minor Variance Application A2024-115 for 217 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 85-1: i) Section 39.2.1 to permit a rear yard setback of 7.3 metres, whereas 7.5 metres is required; ii) Section 5.3 to permit an obstructed Driveway Visibility Triangle (DVT), whereas no obstruction to visibility is permitted; iii) Section 5.22 g) to provide no bicycle parking (0 spaces), whereas two (2) spaces are required; iv) Section 5.6A.1 a) and c) to permit a balcony to be supported by the ground and set back 0.75 metres from the front lot line, whereas a balcony is not permitted to be supported from the ground and a 3.0 metre setback is required; v) Section 39.2.1 to permit a minimum front yard setback of 4.2 metres, whereas 4.5 metres is required; vi) Section 39.2.1 to permit a minimum existing side yard setback of 1.9 metres, whereas 4.5 metres is required; vii) Section 39.2.1 to permit a minimum lot width of 11.4 metres, whereas 15 metres is required for a corner lot; and viii) Section 5.6A.4 a) to permit a porch to be set back from the front lot line 0.75 metres, whereas 3 metres is required; to facilitate legalization of an existing Single Detached Dwelling with 2 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Lot Line Adjustment— 217 Lancaster Street East, Kitchener attached to Report DSD -2024-531, BE APPROVED. Zoning By-law 2019-051 That Minor Variance Application A2024-115 for 217 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a corner lot width of 11.4 metres, whereas 12.8 metres is required; ii) Section 6.3.1, Table 6-2, to permit a front yard setback of 4.2 metres, whereas 4.5 metres is required; iii) Section 6.3.1, Table 6-2, to permit a rear yard setback of 7.3 metres, whereas 7.5 metres is required; iv) Section 4.14.7 b) to permit a porch to be set back 0.75 metres from the street line, whereas 3 metres is required; v) Section 5.6, Table 5-5, to provide no Class C bicycle parking (0 spaces), whereas two (2) spaces are required; Page 305 of 403 vi) Section 6.3.1, Table 6-2, to permit an exterior side yard Setback of 1.9 metres, whereas 4.5 metres is required; vii) Section 4.14.2 d) to permit a balcony to be set back 0.75 metres from the street line, whereas 3 metres is required; and viii) Section 5,4, Table 5-3, to permit driveway width of 45% of the lot width whereas only 40% is permitted; to facilitate legalization of an existing Single Detached Dwelling with 2 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Lot Line Adjustment— 217 Lancaster Street East, Kitchener attached to Report DSD -2024-531, BE APPROVED, subject to the following: This Minor Variance shall become effective only at such time as By-law 2024-065 (For PMTSA Lands) 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. C. Consent Application B2024-041 (Lot Addition from 98-102 Weber Street East to 217 Lancaster Street East) That Consent Application B2024-041 requesting consent to sever a triangular- shaped parcel of land having an approximate area of 36.8 square metres, from the lands addressed as 98-102 Weber Street East, to be conveyed as a lot addition to the lands addressed as 217 Lancaster Street East, generally in accordance with the drawing entitled Lot Line Addition A attached to Report DSD -2024-531, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-115 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the 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 satisfaction of the City's Revenue Division. 4. 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 Standards to the satisfaction of the City's Mapping Technologist. 5. That prior to deed endorsement, the Owner shall: a) Submit a Tree Preservation / Enhancement Plan (TP/EP), in accordance with the City's Tree Management Policy, for the Retained Lands (i.e., 98 - Page 306 of 403 102 Weber Street East), to the satisfaction of the City's Director, Development and Housing Approvals. Said TP/EP shall include, among other matters specified in Section 3.4 and Appendix `C' of Kitchener's Tree Management Policy, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved, removed and/or impacted. If necessary, the plan shall include required mitigation and or compensation measures. b) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director, Development and Housing Approvals, which shall include the following: i) The Owner shall implement the above referenced Tree Preservation / Enhancement Plan (TP/EP) prior to any demolition, grading, servicing, tree removal or the issuance of building permits — whichever comes first; ii) No changes to the said TP/EP shall be granted except with the prior approval of the City's Director, Development and Housing Approvals; and iii) The Owner shall maintain the lands in accordance with the approved TP/EP, for the life of the development. 6. That the Owner shall: a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the severed and/or retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 7. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 8. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. Page 307 of 403 Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. 9. That, prior to final approval, the Owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo. 10. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " b) That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. D. Minor Variance Application A2024-116 (221 Lancaster Street East) Zoning By-law 85-1 That Minor Variance Application A2024-116 for 221 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 85-1: i) Section 5.3 to permit an obstructed Driveway Visibility Triangle (DVT), whereas no obstruction to visibility is be permitted; ii) Section 5.6A.4 a) to permit a porch to have a setback of 0 metres from the front lot line, whereas 3.0 metres is required; and iii) Section 39.2.1 to permit a front yard setback of 1.9 metres, whereas 4.5 metres is required; Page 308 of 403 to facilitate legalization of an existing Single Detached Dwelling without Additional Dwelling Units on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Severed Lot 1— 221 Lancaster Street East, Kitchener attached to Report DSD -2024- 531, BE APPROVED. Zoning By-law 2019-051 That Minor Variance Application A2024-116 for 221 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a front yard setback of 1.9 metres, whereas 4.5 metres is required; and ii) Section 4.14.7 b) to permit a porch to be set back 0 metres from the street line, whereas 3 metres is required; to facilitate legalization of an existing Single Detached Dwelling without Additional Dwelling Units on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Severed Lot 1— 221 Lancaster Street East, Kitchener attached to Report DSD -2024- 531, BE APPROVED, subject to the following: This Minor Variance shall become effective only at such time as By-law 2024-065 (For PMTSA Lands) 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. E. Consent Application B2024-042 (Creation of a New Lot — 221 Lancaster Street East That Consent Application B2024-042 requesting consent to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate lot width of 11.2 metres on Lancaster Street East, a depth of 21.8 metres and an area of 205.4 square metres, generally in accordance with the drawing entitled Severed Lot 1— 221 Lancaster Street East attached to Report DSD -2024-531, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-116 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the 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 satisfaction of the City's Revenue Division. 4. 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 Page 309 of 403 .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 the satisfaction of the City's Mapping Technologist. 5. That the owner shall: a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the severed and/or retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 6. That, prior to final approval, the Owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo. 7. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " 8. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. Page 310 of 403 F. Minor Variance Application A2024-117 (225 Lancaster Street East) Zoning By-law 85-1 That Minor Variance Application A2024-117 for 225 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 85-1: i) Section 5.3 to permit obstructed Driveway Visibility Triangles (DVT), whereas no obstruction to visibility is permitted; ii) Section 6.1.1.1 (b) (iii) to permit two (2) driveway accesses, whereas only one (1) driveway with one access point is permitted; iii) Section 5.22 g) to provide no bicycle parking (0 spaces), whereas two (2) spaces are required; iv) Section 45.3 to permit a front yard setback of 1.6 metres, whereas 4.5 metres is required; and v) Section 5.6.1 b) to permit steps less than 0.6 metres above grade to be located 0 metres from the closest lot line, whereas 0.5 metres is required; to facilitate legalization of an existing Single Detached Dwelling with 3 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Severed Lot 2 — 225 Lancaster Street East, Kitchener attached to Report DSD -2024-531, BE APPROVED. Zoning By-law 2019-051 That Minor Variance Application A2024-117 for 225 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a front yard setback of 1.6 metres, whereas 4.5 metres is required; ii) Section 5.6, Table 5-5, to provide no Class C bicycle parking (0 spaces), whereas two (2) spaces are required; iii) Section 5.4 (b) to permit two (2) driveway accesses, whereas only one (1) access point from each street or lane is permitted; and iv) Section 4.14.10 a) to permit steps to be located 0 metres from a lot line, whereas 0.5 metres is required; to facilitate legalization of an existing Single Detached Dwelling with 3 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Severed Lot 2 — 225 Lancaster Street East, Kitchener attached to Report DSD -2024-531, BE APPROVED, subject to the following: This Minor Variance shall become effective only at such time as By-law 2024-065 (For PMTSA Lands) 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. Page 311 of 403 G. Consent Application B2024-043 (Creation of a New Lot — 225 Lancaster Street East That Consent Application B2024-043 requesting consent to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate lot width of 17.8 metres on Lancaster Street East, a depth of 22.7 metres and an area of 397.3 square metres, generally in accordance with the drawing entitled Severed Lot 2 — 225 Lancaster Street East attached to Report DSD -2024-531, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-117 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the 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 satisfaction of the City's Revenue Division. 4. 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 Standards to the satisfaction of the City's Mapping Technologist. 5. That the owner shall: a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the severed and/or retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 6. That, prior to final approval, the Owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo. 7. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures: Page 312 of 403 a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " 8. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. H. Minor Variance Application A2024-118 (229 Lancaster Street East) Zoning By-law 85-1 That Minor Variance Application A2024-118 for 229 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 85-1: i) Section 39.2.1 to permit a rear yard setback of 4.0 metres whereas 7.5 metres is required; and ii) Section 5.3 to permit an obstructed Driveway Visibility Triangle (DVT) whereas no obstruction to visibility is permitted; to facilitate legalization of an existing Single Detached Dwelling without Additional Dwelling Units on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Severed Lot 3 — 229 Lancaster Street East, Kitchener attached to Report DSD -2024- 531, BE APPROVED. Zoning By-law 2029-051 That Minor Variance Application A2024-118 for 229 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a rear yard setback of 4 metres, whereas 7.5 metres is required. to facilitate legalization of an existing Single Detached Dwelling without Additional Dwelling Units on the lot established though Consent Applications B2024-041 — Page 313 of 403 B2024-047, generally in accordance with the drawings entitled Severance Sketch — Severed Lot 3 — 229 Lancaster Street East, Kitchener attached to Report DSD -2024- 531, BE APPROVED, subject to the following: This Minor Variance shall become effective only at such time as By-law 2024-065 (For PMTSA Lands) 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. I. Consent Application B2024-044 (Creation of a New Lot — 229 Lancaster Street East That Consent Application B2024-044 requesting consent to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate lot width of 12.8 metres on Lancaster Street East, a depth of 26.6 metres and an area of 292.8 square metres, generally in accordance with the drawing entitled Severed Lot 3 — 229 Lancaster Street East attached to Report DSD -2024-531, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-118 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the 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 satisfaction of the City's Revenue Division. 4. 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 Standards to the satisfaction of the City's Mapping Technologist. 5. That the owner shall: a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the severed and/or retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. Page 314 of 403 6. That, prior to final approval, the Owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo. 7. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " 8. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. J. Minor Variance Application A2024-119 (233 Lancaster Street East) Zoning By-law 85-1 That Minor Variance Application A2024-119 for 233 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 85-1: i) Section 5.3 to permit obstructed Driveway Visibility Triangles (DVT), whereas no obstruction to visibility is permitted; ii) Section 5.6A.4 a) to permit a porch to be set back from the front lot line 0 metres, whereas 3.0 metres is required; iii) Section 5.22.3 f) to provide 6% of front yard landscaped area, whereas 20% is required; iv) Section 5.22 g) to provide no bicycle parking (0 spaces), whereas two (2) spaces are required; v) Section 39.2.1 to permit a front yard setback of 1.8 metres, whereas 4.5 metres is required; and vi) Section 39.2.1 to permit a side yard setback of 0 metres, whereas 1.2 metres is required; Page 315 of 403 to facilitate legalization of an existing Single Detached Dwelling with 2 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Severed Lot 4 — 233 Lancaster Street East, Kitchener attached to Report DSD -2024-531, BE APPROVED. Zoning By-law 2019-051 That Minor Variance Application A2024-119 for 233 Lancaster Street East requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a front yard setback of 1.8 metres, whereas 4.5 metres is required; ii) Section 6.3.1, Table 6-2, to permit an interior side yard Setback of 0 metres, whereas 1.2 metres is required; iii) Section 4.14.7 b), to permit a porch to be set back 0 metres from the street line, whereas 3 metres is required; iv) Section 4.12.2 h) to provide 6% front yard landscaped area, whereas 20% is required; and v) Section 5.6, Table 5-5, to provide no Class C bicycle parking (0 spaces) whereas 2 spaces are required; to facilitate legalization of an existing Single Detached Dwelling with 2 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024-047, generally in accordance with the drawings entitled Severance Sketch — Severed Lot 4 — 233 Lancaster Street East, Kitchener attached to Report DSD -2024-531, BE APPROVED, subject to the following: This Minor Variance shall become effective only at such time as By-law 2024-065 (For PMTSA Lands) 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. K. Consent Application B2024-045 (Creation of a New Lot — 233 Lancaster Street East That Consent Application B2024-045 requesting consent to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate lot width of 14.3 metres on Lancaster Street East, a depth of 21.7 metres and an area of 375.2 square metres, generally in accordance with the drawing entitled Severed Lot 4 — 233 Lancaster Street East attached to Report DSD -2024-531, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-119 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. Page 316 of 403 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 satisfaction of the City's Revenue Division. 4. 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 Agn (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 the satisfaction of the City's Mapping Technologist. 5. That the existing utility shed / trailer be removed or relocated, to the satisfaction of the City's Manager, Development Approvals. 6. That the owner shall: a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the severed and/or retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 7. That, prior to final approval, the Owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo. 8. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " 9. That the Owner shall enter into a registered Development Agreement with the Page 317 of 403 Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. L. Consent Application B2024-046 (Lot Addition from 217 Lancaster Street East to 221 Lancaster Street East) That Consent Application B2024-046 requesting consent to sever a triangular- shaped parcel of land having an approximate area of 34.7 square metres, from the lands addressed as 217 Lancaster Street East, to be conveyed as a lot addition to the lands addressed as 221 Lancaster Street East, generally in accordance with the drawing entitled Lot Line Addition B attached to Report DSD -2024-531, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-116 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the 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 satisfaction of the City's Revenue Division. 4. 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 Standards to the satisfaction of the City's Mapping Technologist. 5. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 6. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that Page 318 of 403 the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. 7. That, prior to final approval, the Owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo. 8. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " 9. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. M. Consent Application B2024-047 (Lot Addition from 217 Lancaster Street East to 98-102 Weber Street East) That Consent Application B2024-047 requesting consent to sever an irregular- shaped parcel of land having an approximate area of 316.9 square metres, from the lands addressed as 217 Lancaster Street East, to be conveyed as a lot addition to the lands addressed as 98-102 Weber Street East, generally in accordance with the drawing entitled Lot Line Addition C attached to Report DSD -2024-531, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-115 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to Page 319 of 403 verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 4. 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 Agn (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 the satisfaction of the City's Mapping Technologist. 5. That the existing utility shed / trailer be removed or relocated, to the satisfaction of the City's Manager, Development Approvals. 6. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 7. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. 8. That, prior to final approval, the Owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo. 9. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of Page 320 of 403 the Municipality and the Ministry of Environment, Conservation and Parks. " 10. That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval with conditions of the proposed Consent Applications, to allow the creation of new lots, for existing detached dwellings, on lands comprised of multiple properties that had inadvertently merged on title, and to recommend approval of associated Minor Variance Applications, to recognize existing dwellings on the resultant lots. • 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. BACKGROUND: Figure 1: Photo of existing dwelling at 217 Lancaster Street East Page 321 of 403 Figure 2: Photo of existing dwelling at 221 Lancaster Street East i. , _ Figure 3: Photo of existing dwelling at 225 Lancaster Street East Page 322 of 403 Figure 4: Photo of existing dwelling at 229 Lancaster Street East Figure 5: Photo of existing dwelling at 233 Lancaster Street East Page 323 of 403 i Figure 6: Photo of existing dwelling at 98 Weber Street East SUflPORT IHE ° Figure 7: Photo of existing dwelling at 102 Weber Street East Page 324 of 403 The subject properties, addressed as 98-102 Weber St. E. and 217-233 Lancaster St. E., are located in the Central Frederick Planning Community, near the intersection of Lancaster Street East and Weber Street East. Staff understands from the applicant that the properties addressed as 221-233 Lancaster Street East and 98-102 Weber Street East have inadvertently merged on title (they are considered one parcel for Planning Act purposes) and are under the same ownership (i.e., 1678838 Ontario Inc.). These properties contain 6 Single Detached Dwellings, some containing Additional Dwelling Units (Attached). According to MPAC, the dwellings were constructed in approximately the following years: Address Approx. Construction Date 221 Lancaster Street East 1855 225 Lancaster Street East 1880 229 Lancaster Street East 1880 233 Lancaster Street East 1880 98 Weber Street East 1880 102 Weber Street East 1895 Table 1 — Construction Dates of Dwellings on Subject Properties The property addressed as 217 Lancaster Street East remains separate from the larger parcel and is owned by William Reitzel and Lisa Willms, noting that staff understands William Reitzel is a part owner of the numbered company that owns the larger parcel. This property contains a Single Detached Dwelling with 2 Additional Dwelling Units (Attached). According to MPAC, the dwelling was constructed in approximately 1833. Additional Dwelling Unit information for each of the subject properties is noted below: Table 2 — Additional Dwelling Units Together, the parcels have approximately 78 metres of frontage on Lancaster Street East, 37 metres of frontage on Weber Street East, and 6.3 metres of frontage on Irvin Street. Page 325 of 403 Number of Additional Dwelling Units within Each Single Detached Dwelling 217 Lancaster Street 2 ADUs (Attached) East 221 Lancaster Street 0 East 225 Lancaster Street 3 ADUs (Attached) East 229 Lancaster Street 0 East 233 Lancaster Street 2 ADUs (Attached) East 98 Weber Street East 0 102 Weber Street 1 ADU (Attached) East Table 2 — Additional Dwelling Units Together, the parcels have approximately 78 metres of frontage on Lancaster Street East, 37 metres of frontage on Weber Street East, and 6.3 metres of frontage on Irvin Street. Page 325 of 403 Under the City's Official Plan, the Urban Structure of all subject properties is Protected Major Transit Station Area (PMTSA). The subject properties are located within Growing Together Study Area. The Official Plan designations of the subject properties have been updated via this study, rendering all properties `Strategic Growth Area B'. While the Zoning By-law Amendment that emerged from this study was approved by Council this year (i.e., Zoning By-law 2019-051, as amended by By-law 2024-065), it was appealed to the Ontario Land Tribunal and remains under appeal. Accordingly, staff is `dual -testing' under this Council -approved, appealed By-law and the older Zoning By-law 85-1. Accordingly, the zoning for the subject properties is as follows: Table 3 — Current Zoning The `CR -2' Zone allows a Single Detached Dwelling existing as of the date that the CR -2 Zone was applied to the land, as a permitted use. Any additions or alterations must be in accordance with Section 39.2.1 (R-5 Zone). Special Regulation Provision 115R states that the maximum floor space ratio shall be 2.33, though this regulation does not apply to the subject applications (i.e., there is no FSR requirement for Single Detached Dwellings). Special Use Provision 125U permits Restaurants and prohibits private clubs or lodges, though this regulation does not apply to the subject applications either. The SGA -2 Zone allows Single Detached Dwelling (SDD) as a permitted use, subject to Additional Regulation (3), which states that SDD "Shall only be permitted on a lot containing an existing single detached dwelling, semi-detached dwelling, or street townhouse dwelling." Up to three Additional Dwelling Units (ADUs) are permitted within a SDD in accordance with Sections 4.12.1 and 4.12.2. Accordingly, both zoning by-laws permit the proposed uses, subject to all applicable regulations. Page 326 of 403 Zoning By-law 85-1 Zoning By-law 2019-051, as amended by By-law 2024-065 (Council -Approved, Appealed) 217 Lancaster Street Residential Five Zone (R-5) Strategic Growth Area Two East Zone (SGA -2) 221 Lancaster Street Commercial Residential Two Strategic Growth Area Two East Zone (CR -2), 115R, 125U Zone (SGA -2) 225 Lancaster Street Commercial Residential Two Strategic Growth Area Two East Zone (CR -2), 115R, 125U Zone (SGA -2) 229 Lancaster Street Commercial Residential Two Strategic Growth Area Two East Zone (CR -2), 115R, 125U Zone (SGA -2) 233 Lancaster Street Commercial Residential Two Strategic Growth Area Two East Zone (CR -2), 115R, 125U Zone (SGA -2) 98 Weber Street East Commercial Residential Two Strategic Growth Area Two Zone (CR -2), 115R, 125U Zone (SGA -2) 102 Weber Street Commercial Residential Two Strategic Growth Area Two East Zone (CR -2), 115R, 125U Zone (SGA -2) Table 3 — Current Zoning The `CR -2' Zone allows a Single Detached Dwelling existing as of the date that the CR -2 Zone was applied to the land, as a permitted use. Any additions or alterations must be in accordance with Section 39.2.1 (R-5 Zone). Special Regulation Provision 115R states that the maximum floor space ratio shall be 2.33, though this regulation does not apply to the subject applications (i.e., there is no FSR requirement for Single Detached Dwellings). Special Use Provision 125U permits Restaurants and prohibits private clubs or lodges, though this regulation does not apply to the subject applications either. The SGA -2 Zone allows Single Detached Dwelling (SDD) as a permitted use, subject to Additional Regulation (3), which states that SDD "Shall only be permitted on a lot containing an existing single detached dwelling, semi-detached dwelling, or street townhouse dwelling." Up to three Additional Dwelling Units (ADUs) are permitted within a SDD in accordance with Sections 4.12.1 and 4.12.2. Accordingly, both zoning by-laws permit the proposed uses, subject to all applicable regulations. Page 326 of 403 Purpose of Subiect Applications The purpose of the 7 proposed Consent Applications is to create new lots for each dwelling (except the dwellings on 98 Weber Street East and 102 Weber Street East, which would continue to be located on one property. A lotting fabric is proposed with the intent of creating an intuitive layout that seeks to reduce the number of variances, while also legalizing existing Single Detached Dwellings. Notwithstanding, 6 Minor Variance Applications are also proposed, to provide relief for the existing dwellings and new lots, where necessary — noting that no development is proposed at this time. See below report for more detail. REPORT: General Minor Variance Comments: Since the Zoning By-law Amendment that emerged from the Growing Together Study is Council -approved and has been appealed to the OLT, for all Minor Variance Applications under Zoning By-law 2019-051, staff recommends a condition that the Minor Variance shall become effective only at such time as By-law 2024-065 (For PMTSA Lands) 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. Planning Comments Minor Variance Application A2024-114 (98-102 Weber Street East; Retained Lot): To facilitate the legalization of two existing dwellings [i.e., 1 Single Detached Dwelling without Additional Dwelling Units at 98 Weber Street East and 1 Single Detached Dwelling with 1 Additional Dwelling Unit (Attached) at 102 Weber Street East] on the Retained Lot, the applicant is requesting relief from the following Sections of Zoning By-law 85-1: i) Section 5.12.1 to permit two (2) single detached dwellings on a single lot, whereas no more than one (1) is permitted; ii) Section 5.3 to permit an obstructed Driveway Visibility Triangle (DVT), whereas no obstruction to visibility is permitted; iii) Section 5.6A.4 d) to permit a front yard porch exceeding 0.6 metres in height above finished grade level to have a setback of 1.6 metres, whereas 4.5 metres is required; iv) Section 5.22 g) to provide no bicycle parking (0 spaces), whereas two (2) spaces are required; v) Section 39.2.1 to permit front yard setback of 2.8 metres whereas 4.5 metres is required; and vi) Section 5.6 A.1 a) and c) to permit a balcony to be supported by the ground and set back 1.6 metres from the front lot line, whereas a balcony is not permitted to be supported by the ground and a 3 metre setback is required. The applicant is also requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: Page 327 of 403 i) Section 4.12 a), to permit two single detached dwellings on a single lot, whereas no more than one is permitted; ii) Section 6.3.1, Table 6-2, to permit a front yard setback of 2.8 metres, whereas 4.5 metres is required; iii) Section 4.14.7 b), to permit a porch to be set back 1.6 metres from the street line, whereas 3 metres is required, and to allow a height exceeding 1 metre above the ground; iv) Section 5.6, Table 5-5, to provide no Class C bicycle parking (0 spaces), whereas two (2) spaces are required; v) Section 4.14.2 b) and d) to permit a balcony to be supported by the ground and set back 1.6 metres from the street line, whereas a balcony may not be supported by the ground and requires a setback of 3 metres; and vi) Section 4.14.10 b) to permit steps that exceed 0.6 metres above grade to be located 1.6 metres from a street line, whereas 3 metres is required. It should be noted that the variances apply to the existing buildings, which have existed for 129 — 191 years. No new uses, development, or changes to the physical layout / buildings are proposed, at this time. Most of the requested variances have the effect of legalizing an existing situation (e.g., driveway visibility triangle obstructions; front yard setbacks for buildings, porches, balconies, steps). In other cases, a technical deficiency with a newly enacted zoning regulation, and consequently the need for relief, was created simply by the request to re-establish lot lines that intended to `undo' the inadvertent merging of parcels (e.g., bicycle parking). Moreover, the City has no record of By-law Enforcement complaints related to the deficiencies, for which variances are being sought. Each Minor Variance Application would facilitate an associated Consent Application(s), to create the lot. In general, the associated Consent Applications propose revised property lines that will establish a new, logical lot fabric that appropriately responds the existing buildings, and facilities that are necessary to support those land uses (e.g., parking areas). The revised property lines even improve the `fit' of the buildings and facilities on the re- established lots, in many cases reducing the number of variances that would otherwise be required (though this is not possible in some cases due to, for example, the distance between existing buildings and existing lot lines). For example, 221 Lancaster Street East currently has a side yard setback of only 0.5 metres. However, revised property lines would ensure a setback of 1.2 metres, which is consistent with modern standards. As another example, 225 Lancaster Street East previously (prior to the inadvertent merger) had a side yard setback of only 0.6 metres and the driveway for 211 Lancaster Street partially encroached into it. However, revised property lines would ensure that both properties have parking located appropriately on their respective lots and would ensure a side yard setback of 3.6 metres, which is consistent with modern standards. Staff has reviewed the specific variances for this property and is satisfied that they meet the general intent of the Official Plan and the general intent of the Zoning By-law. The variances would facilitate the continuation of the existing uses which is important since the subject properties are locate in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), noting that Policy 11.C.1.35 seeks to ensure that development applications in a CHL ensure compatibility and preservation of heritage inventory. Page 328 of 403 The variances would also facilitate Consent Applications to allow each existing dwelling to be located on its own lot (with the exception of 98-102 Weber Street East), as intended prior to the inadvertent merger. Moreover, the variances are desirable for the appropriate use of the land, noting that the uses are existing, and the buildings were constructed in the 19th century and have continued to the present day, without recorded concerns. Lastly, staff is of the opinion that the variances are minor since they are not anticipated to have unacceptably adverse impacts on the adjacent properties or rights-of-way. Planning Comments Minor Variance Application A2024-115 (217 Lancaster Street East): To facilitate legalization of an existing Single Detached Dwelling with 2 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024- 047, the applicant is requesting relief from the following Sections of Zoning By-law 85-1: i) Section 39.2.1 to permit a rear yard setback of 7.3 metres, whereas 7.5 metres is required; ii) Section 5.3 to permit an obstructed Driveway Visibility Triangle (DVT), whereas no obstruction to visibility is permitted; iii) Section 5.22 g) to provide no bicycle parking (0 spaces), whereas two (2) spaces are required; iv) Section 5.6A.1 a) and c) to permit a balcony to be supported by the ground and set back 0.75 metres from the front lot line, whereas a balcony is not permitted to be supported from the ground and a 3 metre setback is required; v) Section 39.2.1 to permit a minimum front yard setback of 4.2 metres, whereas 4.5 metres is required; vi) Section 39.2.1 to permit a minimum existing side yard setback of 1.9 metres, whereas 4.5 metres is required; vii) Section 39.2.1 to permit a minimum lot width of 11.4 metres, whereas 15 metres is required for a corner lot; and viii) Section 5.6 A.4 a) to permit a porch to be set back from the front lot line 0.75 metres, whereas 3 metres is required. The applicant is also requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a corner lot width of 11.4 metres, whereas 12.8 metres is required; ii) Section 6.3.1, Table 6-2 ,to permit a front yard setback of 4.2 metres, whereas 4.5 metres is required; iii) Section 6.3.1, Table 6-2, to permit a rear yard setback of 7.3 metres, whereas 7.5 metres is required; iv) Section 4.14.7,b), to permit a porch to be set back 0.75 metres from the street line, whereas 3 metres is required; v) Section 5.6, Table 5-5, to provide no Class C bicycle parking (0 spaces), whereas two (2) spaces are required; vi) Section 6.3.1, Table 6-2 to permit an exterior side yard setback of 1.9 metres, whereas 4.5 metres is required; vii) Section 4.14.2 d) to permit a balcony to be set back 0.75 metres from the street line, whereas 3 metres is required; and Page 329 of 403 viii) Section 5.4,Table 5-3, to permit a driveway width of 45% of the lot width whereas only 40% is permitted. It should be noted that the variances apply to the existing buildings, which have existed for 129 — 191 years. No new uses, development, or changes to the physical layout / buildings are proposed, at this time. Most of the requested variances have the effect of legalizing an existing situation (e.g., driveway visibility triangle obstructions; front yard setbacks for buildings, porches, balconies, steps). In other cases, a technical deficiency with a newly enacted zoning regulation, and consequently the need for relief, was created simply by the request to re-establish lot lines that intended to `undo' the inadvertent merging of parcels (e.g., bicycle parking). Moreover, the City has no record of By-law Enforcement complaints related to the deficiencies, for which variances are being sought. Each Minor Variance Application would facilitate an associated Consent Application(s), to create the lot. In general, the associated Consent Applications propose revised property lines that will establish a new, logical lot fabric that appropriately responds the existing buildings, and facilities that are necessary to support those land uses (e.g., parking areas). The revised property lines even improve the `fit' of the buildings and facilities on the re- established lots, in many cases reducing the number of variances that would otherwise be required (though this is not possible in some cases due to, for example, the distance between existing buildings and existing lot lines). For example, 221 Lancaster Street East currently has a side yard setback of only 0.5 metres. However, revised property lines would ensure a setback of 1.2 metres, which is consistent with modern standards. As another example, 225 Lancaster Street East previously (prior to the inadvertent merger) had a side yard setback of only 0.6 metres and the driveway for 211 Lancaster Street partially encroached into it. However, revised property lines would ensure that both properties have parking located appropriately on their respective lots and would ensure a side yard setback of 3.6 metres, which is consistent with modern standards. Staff has reviewed the specific variances for this property and is satisfied that they meet the general intent of the Official Plan and the general intent of the Zoning By-law. The variances would facilitate the continuation of the existing uses which is important since the subject properties are locate in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), noting that Policy 11.C.1.35 seeks to ensure that development applications in a CHL ensure compatibility and preservation of heritage inventory. The variances would also facilitate Consent Applications to allow each existing dwelling to be located on its own lot (with the exception of 98-102 Weber Street East), as intended prior to the inadvertent merger. Moreover, the variances are desirable for the appropriate use of the land, noting that the uses are existing, and the buildings were constructed in the 19th century and have continued to the present day, without recorded concerns. Lastly, staff is of the opinion that the variances are minor since they are not anticipated to have unacceptably adverse impacts on the adjacent properties or rights-of-way. Plannina Comments Minor Variance Aa,nlication A2024-116 (221 Lancaster Street East).- To ast): To facilitate legalization of an existing Single Detached Dwelling without Additional Dwelling Units on the lot established though Consent Applications B2024-041 — B2024- 047, the applicant is requesting relief from the following Sections of Zoning By-law 85-1: Page 330 of 403 i) Section 5.3 to permit an obstructed Driveway Visibility Triangle (DVT), whereas no obstruction to visibility is be permitted; ii) Section 5.6A.4 a) to permit a porch to have a setback of 0 metres from the front lot line, whereas 3.0 metres is required; and iii) Section 39.2.1 to permit a front yard setback of 1.9 metres, whereas 4.5 metres is required. The applicant is also requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a front yard setback of 1.9 metres, whereas 4.5 metres is required; and ii) Section 4.14.7 b) to permit a porch to be set back 0 metres from the street line, whereas 3 metres is required. It should be noted that the variances apply to the existing buildings, which have existed for 129 — 191 years. No new uses, development, or changes to the physical layout / buildings are proposed, at this time. Most of the requested variances have the effect of legalizing an existing situation (e.g., driveway visibility triangle obstructions; front yard setbacks for buildings, porches, balconies, steps). In other cases, a technical deficiency with a newly enacted zoning regulation, and consequently the need for relief, was created simply by the request to re-establish lot lines that intended to `undo' the inadvertent merging of parcels (e.g., bicycle parking). Moreover, the City has no record of By-law Enforcement complaints related to the deficiencies, for which variances are being sought. Each Minor Variance Application would facilitate an associated Consent Application(s), to create the lot. In general, the associated Consent Applications propose revised property lines that will establish a new, logical lot fabric that appropriately responds the existing buildings, and facilities that are necessary to support those land uses (e.g., parking areas). The revised property lines even improve the `fit' of the buildings and facilities on the re- established lots, in many cases reducing the number of variances that would otherwise be required (though this is not possible in some cases due to, for example, the distance between existing buildings and existing lot lines). For example, 221 Lancaster Street East currently has a side yard setback of only 0.5 metres. However, revised property lines would ensure a setback of 1.2 metres, which is consistent with modern standards. As another example, 225 Lancaster Street East previously (prior to the inadvertent merger) had a side yard setback of only 0.6 metres and the driveway for 211 Lancaster Street partially encroached into it. However, revised property lines would ensure that both properties have parking located appropriately on their respective lots and would ensure a side yard setback of 3.6 metres, which is consistent with modern standards. Staff has reviewed the specific variances for this property and is satisfied that they meet the general intent of the Official Plan and the general intent of the Zoning By-law. The variances would facilitate the continuation of the existing uses which is important since the subject properties are locate in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), noting that Policy 11.C.1.35 seeks to ensure that development applications in a CHL ensure compatibility and preservation of heritage inventory. Page 331 of 403 The variances would also facilitate Consent Applications to allow each existing dwelling to be located on its own lot (with the exception of 98-102 Weber Street East), as intended prior to the inadvertent merger. Moreover, the variances are desirable for the appropriate use of the land, noting that the uses are existing, and the buildings were constructed in the 19th century and have continued to the present day, without recorded concerns. Lastly, staff is of the opinion that the variances are minor since they are not anticipated to have unacceptably adverse impacts on the adjacent properties or rights-of-way. Planning Comments Minor Variance Application A2024-117 (225 Lancaster Street East): To facilitate legalization of an existing Single Detached Dwelling with 3 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024- 047, the applicant is requesting relief from the following Sections of Zoning By-law 85-1: i) Section 5.3 to permit obstructed Driveway Visibility Triangles, whereas no obstruction to visibility is permitted; ii) Section 6.1.1.1 (b)(iii) to permit two (2) driveway accesses, whereas only one (1) driveway with one access point is permitted; i) Section 5.22 g) to provide no bicycle parking (0 spaces), whereas two (2) spaces are required; ii) Section 45.3 to permit a front yard setback of 1.6 metres, whereas 4.5 metres is required; and iii) Section 5.6.1 b) to permit steps less than 0.6 metres above grade to be located 0 metres from the closest lot line, whereas 0.5 metres is required. The applicant is also requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2. to permit a front yard setback of 1.6 metres, whereas 4.5 metres is required; ii) Section 5.6, Table 5-5, to provide no Class C bicycle parking (0 spaces), whereas two (2) spaces are required; iii) Section 5.4 (b) to provide two (2) driveway accesses, whereas only one (1) access point from each street or lane is permitted; and iv) Section 4.14.10 a) to permit steps to be located 0 metres from a lot line, whereas 0.5 metres is required. It should be noted that the variances apply to the existing buildings, which have existed for 129 — 191 years. No new uses, development, or changes to the physical layout / buildings are proposed, at this time. Most of the requested variances have the effect of legalizing an existing situation (e.g., driveway visibility triangle obstructions; front yard setbacks for buildings, porches, balconies, steps). In other cases, a technical deficiency with a newly enacted zoning regulation, and consequently the need for relief, was created simply by the request to re-establish lot lines that intended to `undo' the inadvertent merging of parcels (e.g., bicycle parking). Moreover, the City has no record of By-law Enforcement complaints related to the deficiencies, for which variances are being sought. Each Minor Variance Application would facilitate an associated Consent Application(s), to create the lot. In general, the associated Consent Applications propose revised property Page 332 of 403 lines that will establish a new, logical lot fabric that appropriately responds the existing buildings, and facilities that are necessary to support those land uses (e.g., parking areas). The revised property lines even improve the `fit' of the buildings and facilities on the re- established lots, in many cases reducing the number of variances that would otherwise be required (though this is not possible in some cases due to, for example, the distance between existing buildings and existing lot lines). For example, 221 Lancaster Street East currently has a side yard setback of only 0.5 metres. However, revised property lines would ensure a setback of 1.2 metres, which is consistent with modern standards. As another example, 225 Lancaster Street East previously (prior to the inadvertent merger) had a side yard setback of only 0.6 metres and the driveway for 211 Lancaster Street partially encroached into it. However, revised property lines would ensure that both properties have parking located appropriately on their respective lots and would ensure a side yard setback of 3.6 metres, which is consistent with modern standards. Staff has reviewed the specific variances for this property and is satisfied that they meet the general intent of the Official Plan and the general intent of the Zoning By-law. The variances would facilitate the continuation of the existing uses which is important since the subject properties are locate in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), noting that Policy 11.C.1.35 seeks to ensure that development applications in a CHL ensure compatibility and preservation of heritage inventory. The variances would also facilitate Consent Applications to allow each existing dwelling to be located on its own lot (with the exception of 98-102 Weber Street East), as intended prior to the inadvertent merger. Moreover, the variances are desirable for the appropriate use of the land, noting that the uses are existing, and the buildings were constructed in the 19th century and have continued to the present day, without recorded concerns. Lastly, staff is of the opinion that the variances are minor since they are not anticipated to have unacceptably adverse impacts on the adjacent properties or rights-of-way. Planninq Comments Minor Variance Application A2024-118 (229 Lancaster Street East): To facilitate legalization of an existing Single Detached Dwelling without Additional Dwelling Units on the lot established though Consent Applications B2024-041 — B2024- 047, the applicant is requesting relief from the following Sections of Zoning By-law 85-1: i) Section 39.2.1 to permit a rear yard setback of 4 metres, whereas 7.5 metres is required; and ii) Section 5.3 to permit an obstructed Driveway Visibility Triangle (DVT) whereas no obstruction to visibility is permitted. The applicant is also requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a rear yard setback of 4 metres, whereas 7.5 metres is required. It should be noted that the variances apply to the existing buildings, which have existed for 129 — 191 years. No new uses, development, or changes to the physical layout / buildings are proposed, at this time. Most of the requested variances have the effect of legalizing an Page 333 of 403 existing situation (e.g., driveway visibility triangle obstructions; front yard setbacks for buildings, porches, balconies, steps). In other cases, a technical deficiency with a newly enacted zoning regulation, and consequently the need for relief, was created simply by the request to re-establish lot lines that intended to `undo' the inadvertent merging of parcels (e.g., bicycle parking). Moreover, the City has no record of By-law Enforcement complaints related to the deficiencies, for which variances are being sought. Each Minor Variance Application would facilitate an associated Consent Application(s), to create the lot. In general, the associated Consent Applications propose revised property lines that will establish a new, logical lot fabric that appropriately responds the existing buildings, and facilities that are necessary to support those land uses (e.g., parking areas). The revised property lines even improve the `fit' of the buildings and facilities on the re- established lots, in many cases reducing the number of variances that would otherwise be required (though this is not possible in some cases due to, for example, the distance between existing buildings and existing lot lines). For example, 221 Lancaster Street East currently has a side yard setback of only 0.5 metres. However, revised property lines would ensure a setback of 1.2 metres, which is consistent with modern standards. As another example, 225 Lancaster Street East previously (prior to the inadvertent merger) had a side yard setback of only 0.6 metres and the driveway for 211 Lancaster Street partially encroached into it. However, revised property lines would ensure that both properties have parking located appropriately on their respective lots and would ensure a side yard setback of 3.6 metres, which is consistent with modern standards. Staff has reviewed the specific variances for this property and is satisfied that they meet the general intent of the Official Plan and the general intent of the Zoning By-law. The variances would facilitate the continuation of the existing uses which is important since the subject properties are locate in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), noting that Policy 11.C.1.35 seeks to ensure that development applications in a CHL ensure compatibility and preservation of heritage inventory. The variances would also facilitate Consent Applications to allow each existing dwelling to be located on its own lot (with the exception of 98-102 Weber Street East), as intended prior to the inadvertent merger. Moreover, the variances are desirable for the appropriate use of the land, noting that the uses are existing, and the buildings were constructed in the 19th century and have continued to the present day, without recorded concerns. Lastly, staff is of the opinion that the variances are minor since they are not anticipated to have unacceptably adverse impacts on the adjacent properties or rights-of-way. Planning Comments Minor Variance Application A2024-119 (233 Lancaster Street East): To facilitate legalization of an existing Single Detached Dwelling with 2 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 — B2024- 047, the applicant is requesting relief from the following Sections of Zoning By-law 85-1: i) Section 5.3 to permit obstructed Driveway Visibility Triangles (DVT), whereas no obstruction to visibility is permitted; ii) Section 5.6A.4 a) to permit a porch to be set back from the front lot line 0 metres, whereas 3 metres is required; Page 334 of 403 iii) Section 5.22.3 f) to provide 6% of front yard landscaped area, whereas 20% is required; iv) Section 5.22 g) to provide no bicycle parking (0 spaces), whereas two (2) spaces are required; i) Section 39.2.1 to permit a front yard setback of 1.8 metres, whereas 4.5 metres is required; and ii) Section 39.2.1 to permit a side yard setback of 0 metres, whereas 1.2 metres is required. The applicant is also requesting the following relief from the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065: i) Section 6.3.1, Table 6-2, to permit a front yard setback of 1.8 metres, whereas 4.5 metres is required; ii) Section 6.3.1, Table 6-2, to permit an interior side yard setback of 0 metres, whereas 1.2 metres is required; iii) Section 4.14.7 b), to allow a porch to be set back 0 metres from the street line, whereas 3 metres is required; iv) Section 4.12.2 h) to provide 6% front yard landscaped area, whereas 20% is required; and v) Section 5.6, Table 5-5, to provide no Class C bicycle parking (0 spaces), whereas 2 spaces are required. It should be noted that the variances apply to the existing buildings, which have existed for 129 — 191 years. No new uses, development, or changes to the physical layout / buildings are proposed, at this time. Most of the requested variances have the effect of legalizing an existing situation (e.g., driveway visibility triangle obstructions; front yard setbacks for buildings, porches, balconies, steps). In other cases, a technical deficiency with a newly enacted zoning regulation, and consequently the need for relief, was created simply by the request to re-establish lot lines that intended to `undo' the inadvertent merging of parcels (e.g., bicycle parking). Moreover, the City has no record of By-law Enforcement complaints related to the deficiencies, for which variances are being sought. Each Minor Variance Application would facilitate an associated Consent Application(s), to create the lot. In general, the associated Consent Applications propose revised property lines that will establish a new, logical lot fabric that appropriately responds the existing buildings, and facilities that are necessary to support those land uses (e.g., parking areas). The revised property lines even improve the `fit' of the buildings and facilities on the re- established lots, in many cases reducing the number of variances that would otherwise be required (though this is not possible in some cases due to, for example, the distance between existing buildings and existing lot lines). For example, 221 Lancaster Street East currently has a side yard setback of only 0.5 metres. However, revised property lines would ensure a setback of 1.2 metres, which is consistent with modern standards. As another example, 225 Lancaster Street East previously (prior to the inadvertent merger) had a side yard setback of only 0.6 metres and the driveway for 211 Lancaster Street partially encroached into it. However, revised property lines would ensure that both properties have parking located appropriately on their respective lots and would ensure a side yard setback of 3.6 metres, which is consistent with modern standards. Page 335 of 403 Staff has reviewed the specific variances for this property and is satisfied that they meet the general intent of the Official Plan and the general intent of the Zoning By-law. The variances would facilitate the continuation of the existing uses which is important since the subject properties are locate in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), noting that Policy 11.C.1.35 seeks to ensure that development applications in a CHL ensure compatibility and preservation of heritage inventory. The variances would also facilitate Consent Applications to allow each existing dwelling to be located on its own lot (with the exception of 98-102 Weber Street East), as intended prior to the inadvertent merger. Moreover, the variances are desirable for the appropriate use of the land, noting that the uses are existing, and the buildings were constructed in the 19th century and have continued to the present day, without recorded concerns. Lastly, staff is of the opinion that the variances are minor since they are not anticipated to have unacceptably adverse impacts on the adjacent properties or rights-of-way. Planning Comments regarding Consent Applications B2024-041 — B2024-045: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS), 2024: The Provincial Planning Statement (PPS), 2024 is a streamlined province -wide land use planning policy framework that replaces both the Provincial Policy Statement, 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while building upon housing -supportive policies from both documents. The PPS 2024 would come into force on October 20, 2024. According to the Province, the PPS 2024 provides municipalities with the tools and flexibility they need to build more homes. It enables municipalities to: • plan for and support development, and increase the housing supply across the province • align development with infrastructure to build a strong and competitive economy that is investment -ready • foster the long-term viability of rural areas • protect agricultural lands, the environment, public health and safety Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promote planning for people and homes and supports planning authorities to support general intensification and redevelopment while achieving complete communities by, accommodating an appropriate range and mix of land uses, housing options, transportation options with multimodal access, employment, public service facilities and other institutional uses, recreation, parks and open space, and other uses to meet long-term needs. Staff is satisfied that the consent requests are consistent with the PPS 2024. Regional Official Plan (ROP): The subject properties are located in the Urban Area, Delineated Built -Up Area, and Frederick Station Major Transit Station Area (MTSA) in the Regional Official Plan (ROP), as Page 336 of 403 amended by ROPA 6. Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. Growth is directed to the Built -Up Area of the Region to make better use of infrastructure that can assist in transitioning the Region into an energy efficient, low carbon community. Furthermore, intensification within the Built -Up Area assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods that are compact, well connected places that allow all people of all ages and abilities to access the needs for daily living within 15 minutes by walking, cycling or rolling. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Section 2.D.2 of Regional Official Plan Amendment 6 (ROPA 6) establishes policies for development within Major Transit Station Areas (MTSAs). The policies within this section support the provision of increased mixed-use densities that are transit supportive. The minimum density target established for the Frederick Station MTSA is 160 people and jobs/hectare. The proposed development conforms the ROP, since the proposal does not negatively impact the achievement of the planned intensification target and permits existing Single Detached Dwelling Units, many with Additional Dwelling Units (Attached) to continue to exist. Moreover, the Retained Lot (98-102 Weber Street East) may lend itself to future redevelopment, noting that the parcel would be large enough to support significant intensification under the City's Strategic Growth Area B land use designation and SGA -2 Zone. Regional staff has advised that it has no objections to the proposal, subject to the following conditions: 1) That the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures. a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster St. E., 221 Lancaster St. E., 225 Lancaster St. E., 229 Lancaster St. E., and 233 Lancaster St. E.: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." b) That the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber St. E. to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. Page 337 of 403 In this regard, the requested Consents conform to the Regional Official Plan. City's Official Plan (2014): All subject properties are identified as 'Protected Major Transit Station Area (PMTSA)' on Map 2 — Urban Structure and are designated 'Strategic Growth Area B' on Map 4 — Protected Major Transit Station Areas and Urban Growth Centre in the City's Official Plan. PMTSA policy 3.C.2.17 states that, "The planned function of Protected Major Transit Station Areas, in order to support transit and rapid transit, is to: a) provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels; b) provide connectivity of various modes of transportation to the transit system; c) achieve a mix of residential, office (including major office), institutional (including major institutional) and commercial development (including retail commercial centres), wherever appropriate; and, d) have streetscapes and a built form that is pedestrian -friendly and transit -oriented." It must be noted that the policy also states that, "Policies a) through d) above should not be interpreted to mean that every property located within a Protected Major Transit Station Area is necessarily appropriate for major intensification." Although the Strategic Growth Area B designation is intended to accommodate significant intensification, it should be note that "Some areas within the Strategic Growth Area B land use designation contain smaller lots and/or existing Low Rise Residential Uses. While significant intensification is planned for these lands, the implementing zoning may restrict building heights as an interim measure to ensure orderly development through a development application." Furthermore, Heritage Planning staff has identified that all subject properties are within the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL). Policy 11.C.1.35 states that "New development or redevelopment in a cultural heritage landscape will: a) Support, maintain and enhance the major characteristics and attributes of the cultural heritage landscape further defined in the City's 2014 City of Kitchener Cultural Heritage Landscapes; b) Support the adaptive reuse of existing buildings; c) Be compatible with the existing neighbourhood, including but not limited to the streetscape and the built form; and, d) Respond to the design, massing and materials of the adjacent and surrounding buildings." Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; Page 338 of 403 b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." In regard to the above Official Plan policies and direction, the proposed Consents conform to the Official Plan by facilitating the continued use of the existing 19th century dwellings, ensuring consistency with the Cultural Heritage Landscape and compatibility and transition policies. Zonina By-law 85-1 and Zonina By-law 2019-051. as Amended: The subject properties are zoned as outlined in Table 3, above. The proposed land uses are permitted under both Zoning By-laws. As discussed above, the accompanying Minor Variance Applications remedy all zoning deficiencies. Staff is supportive of all variances necessary to facilitate that subject Consent Applications. 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 resultant lots are desirable and appropriate. The requested Consents would establish a compatible and improved lotting pattern from the one that existed prior to the merger of the lots into one property. The accompanying variances would remedy the zoning deficiencies for each Consent Application. All resultant lots will have frontage on a public street with access to full municipal services. Moreover, the proposal would facilitate the creation of a lot for future redevelopment (i.e., 98-102 Weber Street East). All Consent applications represent good planning. Environmental Planning Comments: As advised in pre -submission consultation (PSC) records in both 2022 and 2023, the treed nature of the subject lands requires the submission of a Tree Preservation / Enhancement Plan under the City's Council -adopted Tree Management Policy. An incomplete version was submitted in support of this application contrary to PSC advice. Page 339 of 403 The standard condition with respect to applications on lands with significant trees and/or vegetation should be imposed, i.e. that the Landowner / applicant enter into an agreement to complete / implement a TPEP as part of a complete application at the latest AND / OR prior to any demolition, grading, servicing, tree removal or the issuance of building permits, whichever comes first. Heritage Planning Comments: 98-102 Weber Street East.- The ast:The property municipally addressed as 98-102 Weber St. E is located in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), per the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and approved by Council in 2015. Amendment No. 49 to The Official Plan (Growing Together) was approved by Council in 2024. Through Section 11.C.1.35 of the amendments to the Official Plan policies, new development or redevelopment in a cultural heritage landscape must ensure compatibility and preservation of heritage inventory. Characteristics of the Central Frederick Neighbourhood include common design elements such as attic gabled roofs, decorative trim, brick construction, and porches. There are no heritage concerns with the requested variances as they are required only to recognize the existing location of the building. 217 Lancaster Street East: The property municipally addressed as 217 Lancaster St W is located in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), per the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and approved by Council in 2015. Amendment No. 49 to The Official Plan (Growing Together) was approved by Council in 2024. Through Section 11.C.1.35 of the amendments to the Official Plan policies, new development or redevelopment in a cultural heritage landscape must ensure compatibility and preservation of heritage inventory. Characteristics of the Central Frederick Neighbourhood include common design elements such as attic gabled roofs, decorative trim, brick construction, and porches. There are no heritage concerns with the requested variances as they are required only to recognize the existing location of the building. It should also be noted that the subject land was reviewed for the Kitchener Inventory and determined to have no cultural heritage value or status under the Ontario Heritage Act in 2014. 221 Lancaster Street East: The property municipally addressed as 221 Lancaster St W is located in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), per the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and approved by Council in 2015. Amendment No. 49 to The Official Plan (Growing Together) was approved by Council in 2024. Through Section 11.C.1.35 of the amendments to the Official Plan policies, new development or redevelopment in a cultural heritage landscape must ensure compatibility and preservation of heritage inventory. Characteristics of the Central Frederick Neighbourhood include common design elements such as attic gabled roofs, decorative trim, brick construction, and porches. There are no heritage concerns with the requested variances as they are required only to recognize the existing location of the building. Page 340 of 403 225 Lancaster Street East: The property municipally addressed as 225 Lancaster St W is located in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), per the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and approved by Council in 2015. Amendment No. 49 to The Official Plan (Growing Together) was approved by Council in 2024. Through Section 11.C.1.35 of the amendments to the Official Plan policies, new development or redevelopment in a cultural heritage landscape must ensure compatibility and preservation of heritage inventory. Characteristics of the Central Frederick Neighbourhood include common design elements such as attic gabled roofs, decorative trim, brick construction, and porches. There are no heritage concerns with the requested variances as they are required only to recognize the existing location of the building. It should also be noted that the subject land was reviewed for the Kitchener Inventory and determined to have no cultural heritage value or status under the Ontario Heritage Act in 2014. 229 Lancaster Street East.- The ast: The property municipally addressed as 229 Lancaster St W is located in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), per the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and approved by Council in 2015. Amendment No. 49 to The Official Plan (Growing Together) was approved by Council in 2024. Through Section 11.C.1.35 of the amendments to the Official Plan policies, new development or redevelopment in a cultural heritage landscape must ensure compatibility and preservation of heritage inventory. Characteristics of the Central Frederick Neighbourhood include common design elements such as attic gabled roofs, decorative trim, brick construction, and porches. There are no heritage concerns with the requested variances as they are required only to recognize the existing location of the building. 233 Lancaster Street East: The property municipally addressed as 233 Lancaster St W is located in the Central Fredrick Neighbourhood Cultural Heritage Landscape (CHL), per the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and approved by Council in 2015. Amendment No. 49 to The Official Plan (Growing Together) was approved by Council in 2024. Through Section 11.C.1.35 of the amendments to the Official Plan policies, new development or redevelopment in a cultural heritage landscape must ensure compatibility and preservation of heritage inventory. Characteristics of the Central Frederick Neighbourhood include common design elements such as attic gabled roofs, decorative trim, brick construction, and porches. There are no heritage concerns with the requested variances as they are required only to recognize the existing location of the building. Building Division Comments: 82024-114 - B2024-119.- The 2024-119:The Building Division has no objections to the proposed variance. 82024-041- 82024-045: The Building Division has no objections to the proposed consent provided for the retained land: Page 341 of 403 1) A qualified designer is 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 separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that maybe required by the building code assessment. B2024-046 — B2024-047: The Building Division has no objections to the proposed consent. Engineering Division Comments: All Subiect Applications: • Engineering has no comment. Parks/Operations Division Comments: All Subiect Applications: • No City owned trees will be impacted by any of the proposed Minor Variances. • Park Planning concerns including required park dedication will be addressed through a future redevelopment application and taken as cash in lieu of land. • There is existing City infrastructure within the 98-102 Weber Street East lands that is not currently covered by an easement and future Committee of Adjustment approval to establish this easement will be required through redevelopment applications. Transportation Planning Comments: A2024-114 — A2024-119: Transportation Services have no concerns with this application. B2024-041 — B 2024-045: Should a redevelopment of an induvial or grouped properties occur in the future along the Lancaster Street East frontages, the properties will be subject to a road widening of approximately 4m. The road widening is part of the City of Kitchener's Official Plan, having an ultimate road width of 20m along Lancaster Street East between Krug Street and Victoria Street North. B2024-046 — B2024-047: Transportation Services have no concerns with this application. Region of Waterloo Comments: A2024-114 — A2024-119: No concerns B2024-041 — B2024-047: Consent to sever is proposed for a series of lot adjustments to residential properties fronting Lancaster Street East (5 parcels in total), and to consolidate lands on 98-102 Weber Street East. The Owner/Developer provides that the consents will re-establish individual lotting for several properties which have inadvertently merged on title, with lot line adjustments to facilitate the logical future build out of the block. Minor variances are Page 342 of 403 also proposed to facilitate the consents. Redevelopment or site alteration is not proposed through the consent applications. In the Regional Official Plan, the subject lands are designated Delineated Built-up Area within the Urban Area Boundary (Map 1, 2), and MTSA — Frederick Station (Fig 8a). Cultural Heritage, Archaeology, and Indigenous Engagement (Advisory) Based on a review of the Region's archaeological potential model, the subject properties may possess the potential for the recovery of archaeological resources. The Region does not require the submission of an archaeological assessment; however, the Owner/Developer should be made aware that: 1) If archaeological resources are discovered during future development or site alteration of the subject property, the Owner/Developer will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, 2) If human remains/or a grave site is discovered during development or site alteration of the subject property, the Owner/Developer will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Environmental Noise At this location, the proposed development may encounter traffic noise sources due to Weber Street East (RR#8). It is the responsibility of the Owner/Developer to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, the Owner/Developer must prepare an Environmental Noise Study; the noise levels criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC - 300 requirements. The Regional process for this requirement can be provided upon request. 217-233 Lancaster Street East In lieu of an Environmental Noise Study for the properties fronting on Lancaster Street East, the Region will require as a condition of consent approval that the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures. a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East and 233 Lancaster Street East. Page 343 of 403 "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." 98-102 Weber Street East An Environmental Noise Study will be required for the properties fronting on Weber Street East. The Region will require as a condition of consent approval that the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo to complete an Environmental Noise Study prior to Site Plan approval, and to enter into an Amending agreement with the Region and/or City to implement the recommendations of the Noise Study. 1) That prior to Site Plan approval the Owner/Developer agrees to complete a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. Road Widening (Advisory) The following will be a condition of a future Site Plan application: At this location, the subject property has direct frontage to Regional Road 08 (Weber Street East). Weber Street East has a designated road width of 26.213m in accordance with Schedule `A' of the Regional Official Plan (ROP). We estimate that an approximate road widening of 3.5 metres will be required along the Weber Street East frontage of the property. The Owner/Developer must engage an OLS to prepare a draft reference plan which illustrates the required road allowance and daylight triangle widening. Prior to registering the reference plan, the OLS should submit a draft copy of the plan to the Transportation Planner for review. An electronic copy of the registered plan is to be emailed to the Transportation Planner. Further instructions will come from the Region's Legal Assistant regarding document preparation and registration. It is recommended that the OLS contact Region staff to discuss the road widening prior to preparing the Reference Plan. The land must be dedicated to the Region of Waterloo for road allowance purposes and must be dedicated without cost and free of encumbrance. All land dedications must be identified on the Site Plan. Please ensure the road widening lands are excluded from any future Record of Site Condition (RSC) filing for the overall property if one is required. Regional Review Fees Regional Staff are not in receipt of the required consent review fee of $350 per application. The consent review fee is required as a condition of approval for the consent application. Fees must be submitted individually to the Region, in-person, by mail, or e -payment. Page 344 of 403 Arrange EFT by emailing pwalter@regionofwaterloo.ca. Cheque or bank draft can be dropped off at Head Office lobby/security (main floor), located atl50 Frederick St, Kitchener. 15 min parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen St N and Ahrens Street East. Cheque or bank draft can be mailed as follows: Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s).- 1) ondition(s): 1) That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. 2) That the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures. i) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." 3) That the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. Grand River Conservation Authority Comments: All Subiect Applications: GRCA has no objection to the approval of the applications. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Page 345 of 403 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, 2024 • Regional Official Plan (ROP) • Official Plan (2014), as amended though the Growing Together Study • Zoning By-law 85-1 and Zoning By-law 2019-051, as amended through the Growing Together Study ATTACHMENTS: Attachment A — Drawings Submitted with All Subject Applications Page 346 of 403 CEDAR STREET N Page 347 of 403 =NW Om ZX ��ma z G) ns horn Page 347 of 403 1220 P!N 225LOT 0O 3 a i 5.25 z 3.e4 N�''Z'20'E 12.05 4Z. a 46.72 r 6.10 W 2 Z i O jrA m em 'jI O N UD n blv ry OO + I ry wA r p �A .0/�/ Wu.Illm fTI ppp 1 ?S � n � J 2 I� w6 �f a wo ofo ?>y.2 N 00'6 �[ I! Z cyl Q1 �4 9 �Dr9?zs o� a fah 9s !u Z7 ctin "� o+ • N.CW w�� /ry °' p"rPye r r Rl cmn � aeo a 12,67 � � T',� •-. ee aj @> a v M1 r*1 N33It'F0i ti fTl Qi A ccl)� ao'e tre.a i� 2 ops ° Ao °ti` Vb op � °$ p r� lfl S K ttr N N I L ✓ `Tp y4 `�� i vm m uITI ^�0 pN0 r oho V2 A a 8 o� ap � mM am JAZ mN mN 52 ym p G� i/r�i]sry�y>l'T1Q/m�A T y z o so �� b9 y9 yE 4n 9?] Z�C�i/)Z7Ct):[7.�G�—IV/AZ uoQ "o Do v` S r � 2 n U)��(nW(n� � r Q M000 OFr mo , y a T> $ m mo an =,;5-\ m TI m m m. m Z Q� A amo>(-)o �p o � MZ� �M�Z Z� C �d L" z NP 9 �iti 3 rt m Wmrn f�Tl Nr� 3z 3z Sr7 N oLA - �'^ " o my r A m Z-Iv a 8 - Z z 0 Page 348 of 403 217 Lancaster St E 451.2 m' j l r 98, 102 Weber St E & 2,233.7 m' (gross) 1 Lot 1 221 Lancaster St E 240.1 m' 1 AN Lot 2 225 Lancaster St E 397.2 m2 / Lot 3 / 229 Lancaster St E / 292,8 m2 A /• / Lot 4 233 Lancaster St E f 375 2 m2 rn ! i—•_. fs4 r iicd + ---3—.9 m Road Widening` L. ---•—•---..—.—.—.—.—.J 36.9 WEBER STREET E -•- Existing Lot Lines Proposed Lor. 96, 102 Weber St. E. 22333 m' FINAL LOT FABRIC 2 221 L217 Lancaste & E. 451.2 m° acaster SLE 240_! m° 98,102 Weber Si E & 217-233 Lancaster St E 225 Lancaster SLE. 397.2 m' 229 Lancaster St. E. 2928 m' City of Kitchener 233Lan_wster St. E,. - 375.2 m° DATE: September 27, 2024 SCALE 1-500 d ......_. _--..._ TOTAL 3,9902 m' PROJECT, 2070 Reitzet DRAWN BY: GFE Page 349 of 403 Page 350 of 403 D a a m ' T ao m CL i N p ' Cr d \ I10� 46.7 o m rn o N ID I ?�nmm � �zxm i� co ex 00 1 V I 145 Q a @ o_ Sd 1 C� Cll # mmw r77 m CON�RE7E _ -O u O 1.6 1 DmnOo '-0m2 10 x o p I i� 1B.B a� \ 3?o ♦ \ y \ t3 \ \ ♦♦♦ 01 �'% 9�\p�\yaySZ r h z n w cn a N �O wOx � ma 3 3 nnm n- <�iv pp :S a ux F. �4° A £ � z 4 °��33D�n�3x x.m � .. n s m w w a S G 4j ? � � a 6 � iY o I o 0 zr - aa3 an 00m ../ > I'TI ma=°gam Q�� NSca �o. ntn,C rn m y- a�.ry m n s a N3 ? miu iu bw3 �+r to 6 0 m m 3 3 T N o c Page 350 of 403 Page 351 of 403 D a m a m �. 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BE ----------=--------- ! r i r Q ry �1 Fc0Q a 26.7 5.5 6.5 :z 0 N 4-1 *CD& r Qr�—C70 21.7 r ccn 0(n Q 5 © co CD u� (D ro_ a Page 361 of 403 OO(7v m A�1 �1Z mr t/ r rr ZNLlCn ,' ?? 3 e. 0 m 0 o o Y� � m `! aQQ6�-a 1 x a.n n m mm m YW° N) Cl) Ma w m m r C TrN M X33 -��mm m s� - U 74 N O N W N W W OI �1 A A N N ' O O a v !� 3 a N fJ IT N U w =• 3 3333.,Y z (Q (� r l] - O \\// CQ —j _ ( f W mA m fD 3. N N Y C 3 3 X 0 2 3 3 y e a Page 361 of 403 6.3 --11.a- 217 Lancaster St E / Grantee 766.0 m' (Pre adjustment % 802.8 m' (POSt adjustmen 8.1 , 19.2 / i Existing Lol Line r�! J J 98,102 Weber St E & J 221-233 Lancaster St E j Retained Parcel 3,224.3 mz (pre adjustment) J 3,187.5 m2 (post adjustment) / v '• ! I� _ 3.9 m Road Widening ------------------------ J 36.9 WEBER STREET E Page 362 of 403 -- Propoed Lot Lines ftvarance Pampa 3,2243 CONSENT APPLICATION LOT LAVE ADDITION A __ Exlefn9Lo1°,e3 -1 Severed Portion m' -36.8 mZ .I O Retained ADJUSTED TOTAL 3,197.5m' I of 7 98,102 Weber St E R 217-233 Lancaster St E spm Lot Addi lon City of Kitchener O ExisUng Loc Grantee Paa l Lot Addition 766,0 m' -36 a fi O DATE: September 27, 2024 SCALE 1:500 ANUSTED707AL 802Sm' PROJECT: 2070 Reitzel DRAWN BY: CFE Page 362 of 403 6.3 aI 217 Lancaster St E [1 802.8 m' Lot 1 221 Lancaster St E 1� ! Severed• (� 205.4 rW �. •` �� y y i h' f 6.1_ 19.2 ` ,..__/ y Existing Lot Lin • •� r � 98, 102 Weber St E & 225-233 Lancaster St E ! Retained Parcel \ R` 2,992,1 ma :> a! r r' 28.0 ' `--•� / f �m r1 r ---Road m Road Widening _ _ m� M• �._.._._._.—.—.J 6.9 WEBER STREET E SEVERED LOT 1 -. P1oAgLL61— ro-adP.,. Re—dPerpel 29521'' CONSENT APPLICATION -- Exlstln®Lul Llnes Severed 205A m 221 LANCASTER ST E Rot3mod TOTAL 3.1875W2 of 7 I� sued 98,102 Weber 51 E & 221.233 Lancaster St E D Fmsung LotO[P�R ATESeptember 27.2024 SCALE 1:500 City of Kitchener OJECT: 2070 Reitzel DRAWN BY: GFE Page 363 of 403 6.3 217 Lancaster St E 802.8 m' Lot 1 221 Lancaster Std / 205.4 m2 Lot \ 8.1 ! 192 \ 225 Lancaster St E ��..�.ir.�..�.�.�.J \\ 397.2 m2 i�\gyp Existing Lot Line r \ i 98,102 Weber St E & \ f 229, 233 Lancaster St E \ Retained Parcel '\ Ar� 2,584.9 mz 3.9 m Road Widening ------------------------ 3-6.9 ._._._._.— ---36.9 J WEBER STREET E SEVERED LOT 2 225 LANCASTER ST E 98,102 Weber St E & 225-233 Lancaster St E City of Kitchener -- Prmpaee4 Lat Lines Proposed Areas _ ... E-thg Lt Li— Retained Parcel 2,584.9 m' Severed 397.2 m� Retained TOTAL 2,9821 m' D Severed E-hng Lot CONSENT APPLICATION 3 of 7 N 0 DATE: SeptemUer 27, 2024 SCALE 1,500 PROJECT: 2070 Reitzel 1) RA BY: GFE Page 364 of 403 6.3 r � h' \ 217 Lancaster St E Lot 1 C� % 802.8 m' 221 Lancaster 3 , � St E 205.4 mz `% Lot 2 225 Lancaster j St E \. 397.2 m2 r•"�.\ i EAisting Lot Une \ \ Ar Lot 3 229 Lancaster St E 292.8 mZ ' i 98,102 Weber St E 8 1� j 233 Lancaster St E i Retained Parcel n, 2,292.1 m' a i i p — 3.9 m Road Widening a .. ._._._._._.J 6.9 1� WEBER STREET E LOT 3 PlopoeeSEVERED otDoes6 ProposedAmsCONSENT Re�ine6 Parcel 2,292.1 m' APPLICATION --- — Existing LOS Linss Z929m '° 229 LANCASTER 5T E RSWined Toru TOTAL 2,284 s 4l71 7 Seve ed 98,102 Weber St E & 229, 233 Lancaster St E Existing Lot 2624 SCALE 1'500 City of KitchenerROJECT. �CiESeptember27, 20711 Reilzei DRAWN BY GEE Page 365 of 403 it `•�' r ,o1.. 1 jr 217 Lancaster St E / /Lot 1 �2� 802.8 m' I 221 Lancaster St E > 9J�x 295.4 ri �r Lott 8.1 /T9.2 225 Lancaster St E 1• ir----.—.--- '�• 397.2 mz Existing Lot Line —' / Lot 3 229 Lancaster St E 292,8 m2 f 98,102 Weber St E Retained Parcel m� i ! 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I. ------ ' ' — 3.9 m Road Widening L._._._._._. ._.-_.------J 36.9 Lot 4 233 Lancaster St E 375,2 m' WEBER STREET E SEVERED LOT 4 —� Proposed Arens RelainedPareel �,9t8am° CONSENT APPLICATION -- EristinplotLines EAAWLMLm Severed 375.2 m`5 233 LANCASTER ST E Rei'"e° TOTAL 3,2870m= of7 se=ared 98,102 Weber St E & 233 Lancaster St E Edi La DATE: September 27, 2024 SCALE 1:500 City of Kitchener O PROJECT: 2070 Reuel DRAWN BY: GFE Page 366 of 403 6.3 %I 2117 Lancaster St E ` • Retained Parcel `l a/f 802.8 rr? {pre adjusimant) Lot Addition B / 768.1 m' (Rost adjusimant) ` to be Conveyed to 221 Laneaste�Z�, 34.7 rrLot 1 •� "VT '.K Lancaster St E ��- Grantee 205.4 mZ (Are adfustM9frt) /ry 240.1 m' (POSldUe anent) •� �� Lott _ 8.1 ; 19.2 — J 225 Lancaster St E • '—'�• 397.2 m2 /• Existing Lot Lint '�• 01* •"� i� 1 a \•\ / /rye �' / Lot 3 229 Lancaster St E 292.8 m2 /•� ` �1 98, 102 Weber St E & j 1,916.8 Lot 4 \ nil �I i 233 Lancaster St E i a f i 375.2 mZ 1 a -�.'•'� 12 i 8.0 I Im 1 jcc; 1 1 - 3.9 m Road Widening 36.9 WEBER STREET E Page 367 of 403 — _ Prapnsed tot Urex S-m- PamntPar�l -6028m' CONSENT APPLICATION LQT LINE ADDITION B "'E.ArgWLor. Severed Pwftn -34.7 m' Retained ADJUSTED TOTAL 756.1 m' I Q 1 98,102 Weber St E & 217 Lancaster St E sem L&Atldrlan City of Kitchener Fasting Lot Grantee Pamel LotAddl®on 205.40 -34.70 Q DATE' Se tember 27. 2624 SCALE 1:500 P ADJUSTED TOTAL 240.f m' PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 367 of 403 217 Lancaster St E h • Retained Parcel a7 768.1 m2 (pre adjustment) \ 451.2 m' (post adjustment) % s (� I Lot Addition G ¢\ to be Conveyed to 98, 102 NLeber % 316.9 m 19.2 / p\ �• Existing LaiLine� a •~•— 1 j 98,102 Weber St E & Grantee i 1,916.8 ml (pre adjustment) v r 2,233.7 m' (post adjustment) f r1 1� 7 I� 1 1= 3.9 m Road Widening _ o� ........................ 3 J 6.9 WEBER STREET E Lot 1 221 Lancaster St E 240.1 m' I �0 `9tfS \ V*- Lot x \ 225 Lancaster St E 397.2 m2 'o, / Lot 3 ti / 229 Lancaster St E 292.8 mz `•/• 64 /' Lot 4 233 Lancaster St E i 3752 rr; LOT LINE ADDITION C -- Eo10Hd Lot1.1—Severance – Existi� Lol Linea - �oan� Parent Parcel SemvdPortn ADJUSTED TOTAL 8028 i -34.70 768.1 m' CONSENT APPLICATION 7 of z 98,102 Weber St E & 217 Lancaster St E S .red Lotpdditlon DATE: September 27, 2024 SCALE 1:500 City of Kitchener Ex'ahn9 Lot Grantee Pard LatAddilim 766.0 m .36.8 m, N PROJECT 2070 Reitzel DRAWN BYGFE ADJUSTED TOTAL 60280' Page 368 of 403 Z o z u o0 ¢ a a m - � v m w w Q Z E (n N Z � ❑ �,' H U W p JET J� aE J n a o Q O WF- F- ly- IM LLLdJ W 1�1 c (� V/ Wy W Z OM of OM w� '^ 7 �i LLJ� Q w o Q � ZD Zp p fn O F, N (nw F— K) W /yL LL_ Yrr ww o o Nine a LLJ Z Z LLr �Z W �Vl ¢Q ¢¢ QJF- y U)w r aw O v Q Q�Q Q —�Q = ~ w� ¢� J J Q J J wY oo ar �� o J wowww C) �� �F-WZ�Q� Q �w zQz ao <o �o <o a �sooJ A o < ! w 1 U [L �nw 3 (n a ~> (woo, z OQ QO <OL.LIQ ~ U_ &i wwF uox ~ _< zip Nt- w J J JJU o oN Z z� �< ol W W L L. 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LLQ N zE �r F- o� �r OoZ tj WWWWW LLJ O W W O OOO W I --L_ ON O J ¢� 4O NO �O m 00000 m O ��/��/� J ZZZZZ V JV V J U) O¢ F— U) _������ r in tow_ N JN JN J> O .' m z OfGF—GOf�U)��� O v ma Nm w zn� Q o¢ oa o� Q LZ w Q QWQWQOWQWLyJ�w Q z Uz �� �� �� �a W w �N�I 3 J v d O O az O o o >o >J w W aeric» CL wo-Z70-7w U (n '0 Z moo J Susi �tsn in usi ina Q J ¢z33 N S� 5 Qp5 6 � E^ o N L) NO F- vo z O 5 on F- .8 — ONO mo �W z LANCASTER STREET EAST O O U7 ¢ f J �rc nLLj WLL o �a pw N� G"�ol LJ o o > a_ 0! .. .�SOk g�o v W¢ W N. £S O y Wo N (n �� 1 s m Ld 1 z l 6N1 1 0 �o a �fPa 91 �9 `' p0oe �yNIA, �y Y GP' EO 0'l ti5\� tl a P , 5.84 6.06000" 5 11.90 n h •�1��,\ \`t -aG `�6�o-SSS \ \95 \ -510 V O'I O s sfT x'19 50"x- V Do �a N^ R coia dm c 6g mco O A bs %@E',�G •6{` ddb; 10g �\�.��J�c,R\ a. d� 3.09JLS£NN os'£ F— aro -J Li` NI /698 /Q� 1�pry6�OO'Sip NLS �Im S\SjAl v � � o �� w R N N u t' Q�yOQ U ala �o SZdlO) o' inm3 m a m Q N �- z� 9b'84 Fz o �1p) j 2"m' LLJ > 2 a w4 0 C4 F— LdI oN o O LLJ� IN V/a �W O �co N \\ ad a ¢Ln o0 Ln �, J as N d � w c� i°p. o Z o n W �� n - O 1 9 ¢ Q ~ I�- p J #inmg m a Lj oo J n o z a ww (� JIJ ZL'9y 8L'Zb SO'f l LLI < m' I zl �,OZ,ZS.ObN ti6'£ sz] 3 I X17 5900-ZlSZZ /V/C/ oz z zm� Z 10� a� a M O V O M (6 a 6.3 AZ ``, 217 Lancaster St E 451.2 m2 ."' % Ib .10001 1#1# Lot 1 %�•% 221 Lancaster St E N240.1 m2l000,'A 10, Ile 1>1 Lot 2 o,• 225 Lancaster St E 397.2 m "01• ' % Lot 3 �% 229 Lancaster St E /./ Z 292.8 m / /. 98,102 Weber St E & 1 /' 66 i / 2,233.7 m2 (gross) / CJ /'Lot 4 �,/• 233 Lancaster St E �r 375.2 mZ _ rn 28.0 f lco �c6 ------------ 3.9 m Road Widening co ------------------------- 36.9 ._._._._. ._._._._._.36.9 WEBER STREET E C/L OF ASPRAL7 ROAD FINAL LOT FABRIC 98,102 Weber St E & 217-233 Lancaster St E City of Kitchener ... Existing Lot Lines proposed Lots 98, 102 Weber St. E. 2,233.7 m' 217 Lancaster St. E. 451.2 m' 221 Lancaster St. E. 240.1 m' 225 Lancaster St. E. 397.2 rn 229 Lancaster St. E. 292.8 m' 233 Lancaster St. E. 375.2 m' TOTAL 3,990.2 m' CI ` DATE: September 27, 2024 SCALE 1:500 PROJECT: 2070 Reitzel DRAWN BY: GFE Page 371 of 403 J W W LLJ U AL1 AL1E Q Q AW11 AW11 Q W W W U Z N Y � a p Wo _ W I— 0-) V, p ', d a ��•• Q d+ Q N w � •3 as N N fC W W 0 O Q N �. 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VJ w W U) Q U Z Q J yrr 0 a Cr 5'9 - - - - - - - - - - - - L'R W(D Z 0mw t o N I I I I --------------------� \ \ 11" 3i3a3N00 Severance Parent Parcel 3,224.3 m' Severed Portion -36.8 m2 ADJUSTED TOTAL 3,187.5 m' Lot Addition Grantee Parcel 766.0 m' Lot Addition +36.8 m2 ADJU STED TOTAL 802.8 m' CONSENT APPLICATION 1 of 7 .` DATE: September 27, 2024 SCALE 1:500 PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 384 of 403 LL., X11.4 �� LOT LINE ADDITION A �• ss 0 Retained 98,102 Weber St E & 217-233 Lancaster St E `. Lot Addition to be Conveye City of Kitchener to 217�ancaste 36.8 m h , / i 217 Lancaster St E %Grantee % 766.0 M (pre adjustment) % 802.8 m2 (post adjustment) / 8.1 -_-19.2-_-_---- !. Existing Lot Line I 1 I I 98,102 Weber St E & 221-233 Lancaster St E i Retained Parcel ^, 3,224.3 mZ (pre adjustment) ' 3,187.5 m2 (post adjustment) I_ I I I _ I 1co I Ic6 I ' ------� - 3.9 m Road Widening M , ------------------------- ._._._._. ._-_._-_._-36.9 36.9 WEBER STREET E CTOF ASPHALT ROAD Severance Parent Parcel 3,224.3 m' Severed Portion -36.8 m2 ADJUSTED TOTAL 3,187.5 m' Lot Addition Grantee Parcel 766.0 m' Lot Addition +36.8 m2 ADJU STED TOTAL 802.8 m' CONSENT APPLICATION 1 of 7 .` DATE: September 27, 2024 SCALE 1:500 PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 384 of 403 -- Proposed Lot Lines LOT LINE ADDITION A ... Existing Lot Lines 0 Retained 98,102 Weber St E & 217-233 Lancaster St E D Severed City of Kitchener D Existing Lot Severance Parent Parcel 3,224.3 m' Severed Portion -36.8 m2 ADJUSTED TOTAL 3,187.5 m' Lot Addition Grantee Parcel 766.0 m' Lot Addition +36.8 m2 ADJU STED TOTAL 802.8 m' CONSENT APPLICATION 1 of 7 .` DATE: September 27, 2024 SCALE 1:500 PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 384 of 403 6.3 y. 217 Lancaster 802.8 m2 h .—.19.2.—.—.—/ �- Existing Lot Lin I I I I 98,102 Weber St E & 225-233 Lancaster St E Retained Parcel ^! 2,982.1 mZ a' I I I Iw T I Icc; -----------------------I 3.9 m Road Widening M 1 — - — - — - — - — - --.-------.J 36.9 WEBER STREET E -E/TW ASPh'AL7 ROAD _ Proposed neProposed Areas SEVERED LOT 1 . Existing LottLLines s Retained Parcel 2,982.1 m' CONSENT APPLICATION Severed 205.4m 2 of 7 221 LANCASTER ST E 0 Retained TOTAL 3,187.5 m' D severed 98,102 Weber St E & 221-233 Lancaster St E D Existing LotDATE: September 27, 2024 SCALE 1:500 City of Kitchener CA) PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 385 of 403 6.3 h• // 217 Lancaster St E •/ Lot 10 802.8 m ` / • 21 Lancaster St E 205.4 m' /%��� i / / ��t/� Lot z � ._.19.2._._.' ♦♦ 225 Lancaster St E '� ♦ 397.2 mZ Existing Lot Line i ♦ i 98,102 Weber St E & 229, 233 Lancaster St E Retained Parcel ^! 2,584.9 mZ cc'a I _ I_ 100 �cc; — 3.9 m Road Widening M 36.9 WEBER STREET E C/L OF ASPHALT ROAD SEVERED LOT 2 225 LANCASTER ST E _ Proposed neProposed Areas . Existing LottLLines s Retained Parcel 2,584.9 m' Severed 397.2 m 0 Retained TOTAL 2, 982.1 m' CONSENT APPLICATION 3 of 7 D severed CA) September 27, 2024 SCALE 1:500 98,102 Weber St E & 225-233 Lancaster St E City of Kitchener D Existing LotDATE: PROJECT: 2070 Reitzel I DRAWN BY: GFE 6.3 i—,—,\ / V, h• / 217 Lancaster St E Lot 10 802.8 m ` •1 Lancaster St E j 205.4 m' j.1001. / % Lot 2 19.2 _ 225 Lancaster St E ---� ` 397.2 mZ . Existing Lot Line .� / `. i A / Lot 3 229 Lancaster St E 292.8 mZ i 98,102 Weber St E & > �' 233 Lancaster St E y66 Retained Parcel • 2,292.1 mZ0. v I I� I I •------� - 3.9 m Road Widening M ------------------------- 36.9 WEBER STREET E CIL OF ASPHALT ROAD SEVERED LOT 3 229 LANCASTER ST E 98,102 Weber St E & 229, 233 Lancaster St E City of Kitchener -- Proposed Lot Lines Proposed Areas ... Existing Lot Lines Retained Parcel 2,292.1 m' Severed 292.8 m 0 Retained TOTAL 2, 584.9 m' D Severed 0 Existing Lot CONSENT APPLICATION 4of7 .` DATE: September 27, 2024 SCALE 1:500 PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 387 of 403 6.3 V 217 Lancaster St E 0 • 802.8 m2 Lot 1 221 Lancaster St E •�• ��� 205.4 m' / � �. Lot 2 _ 8.1 / •--19.2-----� ` 225 Lancaster St E Z � 397.2 mi - •� •� Existing Lot Line / i Lot 3 � e 229 Lancaster St E j � 292.8 mZ /• /. 98, 102 Weber St E j 66 ' Retained Parcel /' ^, 1,916.8 mZ �I /# Lot 4 /* 233 Lancaster St E 375.2 mZ it 1co �c6 ----- 1 3.9 m Road Widening co ------------------------- 36.9 WEBER STREET E c/� or nsann�r Roao SEVERED LOT 4 233 LANCASTER ST E _ Proposed neProposed Areas . Existing LottLLines s Retained Parcel 1,916.8 m= Severed 375.2 m 0 Retained TOTAL 2,292Om CONSENT APPLICATION 5 of 7 D severed CA) September 27, 2024 SCALE 1:500 98,102 Weber St E & 233 Lancaster St E City of Kitchener D Existing LotDATE: PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 388 of 403 6.3 i"—,\ V� / 217 Lancaster St E h Retained Parcel a". 802.8 mZ (pre adjustment) 768.1 m2 (post adjustment) ` Lo Addition B / / to e Conveyed o 7 to 21 Lancaster / •/`' 34.7 m / Lot 1 221 Lancaster St E•� �s� Grantee •�• � ^ ' 205.4 mZ (pre adjustrrl�) /240.1 m2 (post adjt6ment) �s % /• 1>1 Lot ` 8.1 / ' 225 Lancaster St E 19.2 - _ - -- - -----_./ 397.2 mZ Existing Lot Lin I • I o;♦ / • /� Lot 3 � 229 Lancaster St E .0e292.8 rn /• /. 98,102 Weber St E & i1,916.8 mZ Lot 4 % 233 Lancaster St v I'. 375.2 mZ ._2 pZq ./ .�._•� - 3.9 m Road Widening M —.—.—.—.—. .—.—.—.—.—.J 36.9 WEBER STREET E CSL OF ASPHALT -D Severance Parent Parcel 802.8 m' Severed Portion -34.7 m2 ADJUSTED TOTAL 768.1 m' Lot Addition Grantee Parcel 205.4 m' Lot Addition +34.7 m2 ADJU STED TOTAL 240.1 m' CONSENT APPLICATION 6 of 7 .` DATE: September 27, 2024 SCALE 1:500 PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 389 of 403 -- Proposed Lot Lines LOT LINE ADDITION B ... Existing Lot Lines 0 Retained 98,102 Weber St E & 217 Lancaster St E D Severed City of Kitchener D Existing Lot Severance Parent Parcel 802.8 m' Severed Portion -34.7 m2 ADJUSTED TOTAL 768.1 m' Lot Addition Grantee Parcel 205.4 m' Lot Addition +34.7 m2 ADJU STED TOTAL 240.1 m' CONSENT APPLICATION 6 of 7 .` DATE: September 27, 2024 SCALE 1:500 PROJECT: 2070 Reitzel I DRAWN BY: GFE Page 389 of 403 6.3 217 Lancaster St E �n�• Retained Parcel /C 768.1 mZ (pre adjustment) % ♦ 451.2 m2 (post adjustment) �s �o / Lot Addition C 6` % to be Conveyed to 98, 102 Weber i 316.9 mZ h _8.1 / ._ 19.2._._. Existing Lot Lin C) / Lot 1 ` 221 Lancaster St E /. \ 240.1 m2 % /• s/ Lot 2 225 Lancaster St E 397.2 mZ A Lot 3 / 229 Lancaster St ' 292.8 mZ I/ / >` � 98,102 Weber St E & i Grantee % ^, 1,916.8 mZ (pre adjustment) Lot 4 2,233.7 m2 (post adjustment) �/* 233 Lancaster St E � 375.2 mZ _ rn -.4 ./• ti i 2 p'�. Z ./ �.�,/ 1co i-----------------------� — 3.9 m Road Widening M 1 _._._._._. ._._._._._.J 36.9 WEBER STREET E C/L OF ASPHALT ROAD Severance Parent Parcel 802.8 m' Severed Portion -34.7 m2 ADJUSTED TOTAL 768.1 m' Lot Addition Grantee Parcel 76"M 2 Lot Addition +36.8 m2 ADJU STED TOTAL 802.8 m' CONSENT APPLICATION 7 of 7 .` DATE: September 27, 2024 SCALE 1:500 `AV PROJECT: 2070 Reitzel DRAWN BY: GFE Page 390 of 403 -- Proposed Lot Lines LOT LINE ADDITION C ... Existing Lot Lines 0 Retained 98,102 Weber St E & 217 Lancaster St E D Severed City of Kitchener D Existing Lot Severance Parent Parcel 802.8 m' Severed Portion -34.7 m2 ADJUSTED TOTAL 768.1 m' Lot Addition Grantee Parcel 76"M 2 Lot Addition +36.8 m2 ADJU STED TOTAL 802.8 m' CONSENT APPLICATION 7 of 7 .` DATE: September 27, 2024 SCALE 1:500 `AV PROJECT: 2070 Reitzel DRAWN BY: GFE Page 390 of 403 N* Region of Waterloo VIA EMAIL Connie Owen Administrative Clerk, City of Kitchener 200 King Street West Legislative Services Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor 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 November 25, 2024 Re: Comments on Consent Applications: B2024-017, B2024-018, and B2024-037 to B2024-047 (inclusive) Committee of Adjustment Hearing December 10, 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. Page 391 of 403 B2024-037 (NEW) & B2024-017 / B2024-018 62 Fourth Ave (DEFERRED) 135 Gateway Park Dr PLAN 1744 BLK 4 PT LOT 1 PLAN 1745 LOTS 8-9 PT LOT 10 PT BLK 11 Owner: 1289193 ONTARIO INC. Owner/Developer: MHBC c/o Emily Elliot & Jennifer Gaudet Note: B2024-17 and B2024-18 were originally submitted with a concept to create two lots. The applications were heard at August 2024 COA meeting, and then deferred to allow for further discussion between Owner/Developer and City. The Owner/Developer is proposing consent to sever to create three lots and associated access easements. The easements would maintain current vehicular circulation and access points. No physical redevelopment is proposed. B2024-017/ Retained Lands/ Parts 1 and 2 — approx. 1.24ha with 82.6m frontage on Tu -Lane St and 181 m frontage on Gateway Park Dr. Presently occupied by wholesale business, 329 surface parking, and shared drive aisle (easement over Part 2). B2024-037/ Severed Lands A/ Parts 3 and 4 — approx. 0.48ha with 57 frontage on King St E and 53.4m frontage on Tu -Lane St. Presently occupied by restaurant, 104 surface parking, and shared drive aisle (easement over Part 4). B2024-18/ Severed Lands B/ Parts 5 and 6 — approx. 2.01 ha with 237.7m frontage on King St E and 194m frontage on Gateway Park Dr. Presently occupied by former Landmark Cinema building, 397 surface parking, and shared drive aisle (easement over Part 6). In the Regional Official Plan, the subject lands are designated Delineated Built-up Area within the Urban Area Boundary (Map 1, 2), and MTSA — Sportsworld Station (Fig 8a). Archaeological Assessment (Advisory) The subject lands have potential for recovery of archaeological resources, for which Regional Staff do not have a record of clearance. While clearance is not required to support this consent application, any future Planning Act application proposing physical redevelopment of the site will require the submission of the completed Archaeological Assessment and associated acknowledgment letter from the Ministry of Citizenship and Multiculturalism. If in the Owner/Developer's possession, please provide a copy of the acknowledgement letter for our records. Regional Fees Regional staff have not received the fee for consent review of $350 per application. The payment of fee will be required as a condition of consent approval. Regional Staff has no objection to this application subject to the following condition(s): That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Page 392 of 403 B2024-038 (AMENDMENT TO 132024-19) 250 Shirley Ave TRACT GERMAN COMPANY PT LOT 122 Owner: HIDAYATH HOLDINGS INC c/o Farhan Hidayath Owner/Developer: 1123766 Ontario Ltd c/o Sharon Shaw Note: B2024-19 was originally heard at August 2024 COA, and approved. This application is an amendment to the B2024-019 Decision, to include the partial discharge of the mortgage, in favour of HSBC Bank Canada (or as assigned), registered as WR1561020 on PIN 22712-0241 LT. 250 Shirley Ave will be granted a partial discharge having the same legal description as the severance transfer to be stamped over 82024- 019. The Owner/Developer is proposing consent to sever a triangular parcel of land in the easterly rear yard having a width of 58m and an area of 0.15 hectares to be conveyed as a lot addition to the property municipally addressed as 260 Shirley Ave (owned by 1123766 Ontario Ltd). The severed lands are vacant, while the retained and benefitting lands are used for industrial purposes. The consent will facilitate a lot line adjustment that conforms more closely to the current use of both properties. In the Regional Official Plan, the subject lands are designated Delineated Built-up Area within the Urban Area Boundary (Map 1, 2), and Employment Area (Map 3). Regional Fees Regional staff have not received the fee for consent review of $350 per application. The payment of fee will be required as a condition of consent approval. Regional Staff has no objection to this application subject to the following condition(s): That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Page 393 of 403 B2024-039/040 120 Keewatin Ave - Parcel A/ Parcel B PLAN 1515 LOT 34 Owner: Furoy, Guy & Sindjic, Drago Owner/Developer: Craig Dumart The Owner/Developer is proposing consent to sever to create two lots for future semi- detached dwelling units and retain one lot for a future single detached dwelling. Being, severed lot (Parcel A) with an area of 225 sqm and frontage of 7.5m; severed lot (Parcel B) with an area of 230 sqm and frontage of 7.5m; and retained lot with an area of 783 sqm and frontage of 38.5m. The consent will facilitate the redevelopment of the subject lands. No other development applications are anticipated to facilitate the proposal. The subject lands are within the Delineated Built-up Area and Urban Area Boundary in the Regional Official Plan (Map 1, 2). Environmental Noise Environmental Noise Study Approval of an Environmental Noise Study will be required as a condition of consent approval. At this location, the proposed development may encounter environmental noise sources due to Lackner Boulevard (RR# 54). It is the responsibility of the Owner/Developer to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, staff recommend that the Owner/Developer prepare an Environmental Noise Study; the noise levels criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. The consultant who prepares the Environmental Noise Study must be listed on the Region of Waterloo' s Approved List of Noise Consultants. The noise consultant is responsible for obtaining current information, applying professional expertise in preforming calculations, making detailed and justified recommendations, submitting the Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data, including traffic forecasts and truck percentages, for the purpose of preparing the Environmental Noise Study. Region of Waterloo staff will provide this data within three weeks of receiving the request from the noise consultant. Please note that there is a $500 fee for the preparation of the traffic forecasts and review of the Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must submit the transportation data request online via (https-//rmow.permitcentral.ca/Permit/GroupApply?groupld=3 ). Resubmission of any Transportation Noise Study may be subject to a $250 resubmission fee. In the event that a stationary noise source is identified as potential concerns, the Owner/Developer will be required to pay for a third party review by an external Noise Page 394 of 403 Consultant retained by the Region. The fee for this third party review is $4000 + HST. Please submit payment for the third party review along with the submitted noise study. Additional fees may apply depending on scope of review required. Airport While the site is partially located within the AZR, no issues are anticipated. Other Please note that a new access connection to Lackner Boulevard would not be permitted. Staff understand that all accesses are proposed onto Keewatin Avenue and are in agreement with that approach. Regional Fees Regional staff have not received the fee for consent review of $350 per application. The payment of fee will be required as a condition of consent approval. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. 2. That the Owner/Developer complete the Environmental to the satisfaction of the Regional Municipality of Waterloo, and if necessary, enter into an amending agreement with the Region to implement any recommendation of the Noise Study. Page 395 of 403 B2024-041 — B2024-047 217 — 233 Lancaster St E; 98 & 102 Weber St E Owner: 1678838 Ontario Inc (c/o William Reitzel) & William Reitzel/Lisa Willms Owner/Developer: UP Consulting Ltd c/o David Galbraith Consent to sever is proposed for a series of lot adjustments to residential properties fronting Lancaster St E (5 parcels in total), and to consolidate lands on 98-102 Weber St E. The Owner/Developer provides that the consents will re-establish individual lotting for several properties which have inadvertently merged on title, with lot line adjustments to facilitate the logical future build out of the block. Minor variances are also proposed to facilitate the consents. A pre -submission application in September 2023, proposed redevelopment of 98-102 Weber St E with a multi -unit residential building. Redevelopment or site alteration is not proposed through the consent applications. In the Regional Official Plan, the subject lands are designated Delineated Built-up Area within the Urban Area Boundary (Map 1, 2), and MTSA — Frederick Station (Fig 8a). Cultural Heritage, Archaeology, and Indigenous Engagement (Advisory) Based on a review of the Region's archaeological potential model, the subject properties may possess the potential for the recovery of archaeological resources. The Region does not require the submission of an archaeological assessment, however, the Owner/Developer should be made aware that: (1) If archaeological resources are discovered during future development or site alteration of the subject property, the Owner/Developer will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, (2) If human remains/or a grave site is discovered during development or site alteration of the subject property, the Owner/Developer will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Environmental Noise At this location, the proposed development may encounter traffic noise sources due to Weber St E (RR#8). It is the responsibility of the Owner/Developer to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, the Owner/Developer must prepare an Environmental Noise Study; the noise levels criteria and guidelines for the Page 396 of 403 preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. The Regional process for this requirement can be provided upon request. 217-233 Lancaster St E In lieu of an Environmental Noise Study for the properties fronting on Lancaster St E, the Region will require as a condition of consent approval that the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures. a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster St E, :221 Lancaster St E, 225 Lancaster St E, 229 Lancaster St E, and 233 Lancaster St E: (i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." 98-102 Weber St E An Environmental Noise Study will be required for the properties fronting on Weber St E. The Region will require as a condition of consent approval that the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo to complete an Environmental Noise Study prior to Site Plan approval, and to enter into an Amending agreement with the Region and/or City to implement the recommendations of the Noise Study. a) That prior to Site Plan approval the Owner/Developer agrees to complete a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber St E to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. Road Widening (Advisory) The following will be a condition of a future Site Plan application: At this location, the subject property has direct frontage to Regional Road 08 (Weber Street East). Weber Street East has a designated road width of 26.213m in accordance with Schedule `A' of the Regional Official Plan (ROP). We estimate that an approximate road widening of 3.5 metres will be required along the Weber Street East frontage of the property. The Owner/Developer must engage an OLS to prepare a draft reference plan which illustrates the required road allowance and daylight triangle widening. Prior to registering the reference plan, the OLS should submit a draft copy of the plan to the Page 397 of 403 Transportation Planner for review. An electronic copy of the registered plan is to be emailed to the Transportation Planner. Further instructions will come from the Region's Legal Assistant regarding document preparation and registration. It is recommended that the OLS contact Region staff to discuss the road widening prior to preparing the Reference Plan. The land must be dedicated to the Region of Waterloo for road allowance purposes and must be dedicated without cost and free of encumbrance. All land dedications must be identified on the Site Plan. Please ensure the road widening lands are excluded from any future Record of Site Condition (RSC) filing for the overall property, if one is required. Regional Review Fees Regional Staff are not in receipt of the required consent review fee of $350 per application. The consent review fee is required as a condition of approval for the consent application. Fees must be submitted individually to the Region, in-person, by mail, or e -payment. • Arrange EFT by emailing pwalter@regionofwaterloo.ca. Cheque or bank draft can be dropped off at Head Office lobby/security (main floor), located atl50 Frederick St, Kitchener. 15 min parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen St N and Ahrens St E. Cheque or bank draft can be mailed as follows: Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. 2. That the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures. a. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster St E, :221 Lancaster St E, 225 Lancaster St E, 229 Lancaster St E, and 233 Lancaster St E: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Page 398 of 403 3. That the Owner/Developer enter into a registered Development Agreement with the Region of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98- 102 Weber St E to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region. Page 399 of 403 General Comments Any submission requirements may be subject to peer review, at the owner/ Owner/Developer'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 RPP Planner, Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Page 400 of 403 November 18, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting December 10, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 107 — 15-105 Moorgate Crescent — No concerns 2) A 2024 - 108 — 42 Wendy Crescent — No concerns 3) A 2024 - 109 — 25 Sandsprings Crescent — No concerns 4) A 2024 - 110 — 171 Otterbein Road — No concerns 5) A 2024 - 111 — 124 Cedar Street — No concerns 6) A 2024 - 112 — 578 Guelphh Street — No concerns 7) A 2024 - 113 — 1838 Trussler Road — It is understood that the existing throat width at the property line for the access onto Trussler Road is not changing, and all proposed driveway widening is happening on private property. Any changes within the Region right-of-way will require an Access Permit from the Region of Waterloo. 8) A 2024 - 114 — 98-102 Weber Street East — No concerns 9) A 2024 — 115 — 217 Lancaster Street West — No concerns 10)A 2024 — 116 — 221 Lancaster Street West — No concerns 11)A 2024 — 117 — 225 Lancaster Street West — No concerns 12)A 2024 — 118 — 229 Lancaster Street West — No concerns 13)A 2024 — 119 — 233 Lancaster Street West — No concerns Document Number: 4828935 28935 Page 401 of 403 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, Katrina Fluit Transportation Planner (226) 753-4808 CC: Connie Owen, City of Kitchener CofA(a)Kitchener. ca Document Number: 4828935 Page 402 of 403 November 25, 2024 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 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 — December 10, 2024 Applications for Minor Variance via email A 2024-075 96 Wood Street A 2024-110 171 Otterbein Road A 2024-107 15-105 Mooregate Crescent A 2024-111 124 Cedar Street South A 2024-108 42 Wendy Crescent A 2024-112 578 Guelph Street A 2024-109 25 Sandsprings Crescent A 2024-113 1838 Trussler Road Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-038 250 Shirley Avenue B 2024-018 135 Gateway Park Drive B 2024-039 120 Keewatin Avenue B 2024-037 135 Gateway Park Drive B 2024-040 120 Keewatin Avenue Applications for Consent and Minor Variance B 2024-041 to B 2024-047 217-233 Lancaster Street East & 98-102 Weber Street East A 2024-114 to A 2024-119 217-233 Lancaster Street East & 98-102 Weber Street East 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(u-)_grandriver. ca or 519-621- 2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 403 of 403