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HomeMy WebLinkAboutCA - 2018-12-11 - CombinedCOMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 9:02 a.m. Present: Mr. D. Cybalski Mr. B. McColl Ms. J. Meader Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Ms. F. Hosseini, Traffic Planning Analyst Mr. G. Stevenson, Planner Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk IN CAMERA MEETING AUTHORIZATION Moved by Mr. B. McColl Seconded by Mr. M. Kidd "That an in -camera meeting of Committee of Adjustment be held this date for educational purposes, as provided for in Section 239 (3.1) of the Municipal Act." CHAIR AND VICE -CHAIR Moved by Mr. S. Hannah Seconded by Mr. M. Kidd "That Mr. D. Cybalski be appointed Chair of the Committee of Adjustment and Mr. B. McColl be appointed Vice -Chair of the Committee of Adjustment for a term to expire November 30, 2019." MINUTES Moved by Mr. B. McColl Seconded by Ms. J. Meader That the regular minutes of the Committee of Adjustment meeting held November 20, 2017, as circulated to the members, be accepted. Carried This meeting recessed at 10:12 a.m. and reconvened at 10:37 a.m. with all members present, Chaired by Mr. D. Cybalski. UNFINISHED BUSINESS MINOR VARIANCE APPLICATIONS: Submission No.: A 2018-116 Applicant: Dragan Ilic Property Location: 359 Alice Avenue Legal Description: Lot 40, Plan 645 Appearances: In Support: R. Sajkunovic D. Ilic R. Parent M. Islam Contra: J. Duguette Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11. 2018 -368- CITY OF KITCHENER i��1•Ti11[:77►[•1�_t►�i7�E:�ifi[:1<(�Z.Tiiir The Committee was advised the applicant is requesting permission to construct a semi-detached dwelling having a front yard setback from Alice Avenue of 3.062m rather than the required 4.5m; and, a rear yard setback of 4.42m rather than the required 7.5m. The Committee considered Development Services Department report DSD -18-149 dated December 5, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising the subject property appears to have the municipal sidewalk within their private property. Regional staff would like to work with City staff and the property owner to have the portion of the lands containing the sidewalk be put in Regional ownership. The Region can contribute up to $1,800.00 to be refunded back to the property owner to assist with the cost for the reference Plan. Mr. R. Sajkunovic was in attendance in support of the subject application and staff recommendation, noting he was in support of the proposed amendment to the application as outlined in the staff report. Mr. J. Duguette addressed the Committee in opposition to the subject application, noting his property is adjacent to the subject property and expressed concerns with the lack of privacy in his rear yard,due to the proposed rear yard setback for the proposed semi-detached dwelling. He indicated the proposed development in his opinion does not meet the criteria for a low-rise residential dwelling as it is much larger/taller than what exists on the lot this date. Mr. Sajkunovic advised he was required to reorient the proposed building as the Region of Waterloo will not permit any additional access onto Victoria Street South, which placed the front yard off Alice Street. In response to questions, Ms. J. von Westerholt advised the Low-rise residential designation in the City's Official Plan permits a three-storey dwelling, noting the proposed semi-detached dwelling meets that criteria. She further advised the subject property is within the Residential Intensification in Established Neighbourhoods Study (RIENS) area and where new development is being proposed, there is a requirement to maintain similar setbacks to adjacent dwellings. She indicated when reviewing the proposal, in order to comply with the RIENS guidelines for the front yard setbacks and to accommodate rear yard amenity space, the proposed variances were recommended. She indicated the subject property is a corner lot which often functions differently than an interior lot in that the rear yard is often utilized as a side yard. Ms. von Westerholt indicated in this situation if the dwelling was constructed fronting onto Victoria Street, the Zoning By-law would have required a 1.2m side yard setback. Questions were raised regarding fencing. Ms. von Westerholt stated that the applicant would be required to construct a fence within the regulations outlined with the City's Fence By-law, which includes as ensuring the Driveway Visibility Triangle (DVT) and Corner Visibility Triangles (CVTs) were free of encroachments. In response to concerns raised by the neighbouring property owner, Mr. Sajkunovic advised consideration had been given to ensuring there were no windows at the rear of the dwellings that would overlook the rear yard of any adjacent properties. He further advised he also anticipated a privacy fence would be constructed that would block the view of main floor windows at the rear of the property. Mr. Duguette stated he is not opposed to speaking with the developer further to find a suitable compromise for the concerns he raised. He stated he would be his preference to see a wooden fence with some landscaping between the two properties. The Chair noted for the applicants' information the comments from the Region of Waterloo. A motion was brought forward by Ms. J. Meader to approve the subject application as outlined in Report DSD -18-149, including an additional condition stating the owner shall ensure the COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -369- CITY OF KITCHENER Submission No.: A 2018-116 (Cont'd) design of the proposed semi-detached dwellings include no windows, or if windows are required by the Ontario Building Code Act, that the design include only opaque windows on the second storey of the rear fapade to the satisfaction of the Director of Planning. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of DRAGAN ILIC requesting permission to construct a semi-detached dwelling having a front yard setback from Alice Avenue of 4.582m rather than the required 10.7m; a front yard setback for a porch of 3.058m rather than the required 10.7m; and, a rear yard setback of 4.42m rather than the required 7.5m, on Lot 40, Plan 645, 359 Alice Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall submit a site plan and building elevation drawings showing the location of the proposed semi-detached dwelling on the lot to the satisfaction of the City's Director of Planning, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to issuance of a building permit. Further, that the owner shall agree that building permit drawings shall be in accordance with the appropriate site and elevation drawings. 2. That the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted exceptwith the prior approval of the City's Director of Planning. 3. That the owner shall ensure the design of the proposed semi-detached dwellings include no windows, or if windows are required by the Ontario Building Code Act, that the design include only opaque windows on the second storey of the rear fapade to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-123 Applicant: The Allen Building Inc. Property Location: 106 Ahrens Street West Legal Description: Part Lots 223 to 226, Plan 376, being Parts 1 & 2 on Reference Plan 58R-17682 Appearances: In Support: B. Flewwelling Contra: None COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -370- CITY OF KITCHENER 2. Submission No.: A 2018-123 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting permission for an existing industrial building currently Zoned M-2 to have 100% office use rather than the maximum permitted 25%; to provide off-street parking based on a rate of 1 space per 45 sq.m. rather than individual parking requirements; a lot width of 6.956m rather than the required 15m; a front yard setback of 1m on Breithaupt Street rather than the required 6m; a side yard abutting Ahrens Street West of 0.27m rather than the required 6m; a rear yard setback of 0.26m rather than the required 7.5m; and to permit an artisan's establishment whereas the By-law does not permit an artisan's establishment as a permitted use within an M-2 Zone. The Committee considered Development Services Department report DSD -18-156 dated December 4, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising they have no concerns with this application. Mr. B. Flewwelling was in attendance in support of the subject application and staff recommendation, stating he was in support of the proposed amendment as outlined in the staff report related to the maximum permitted office use. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of THE ALLEN BUILDING INC. requesting permission for an existing industrial building currently Zoned M-2 to have 100% office use rather than the maximum permitted 25%; a lot width of 6.96m rather than the required 15m; a front yard setback of 1 m on Breithaupt Street rather than the required 6m; a side yard abutting Ahrens Street West of 0.27m rather than the required 6m; a rear yard setback of 0.26m rather than the required 7.5m; provide off-street parking based on a rate of 1 space per 45 sq.m. rather than individual parking requirements for the following uses: artisan's establishment; biotechnical establishment; building material and decorating supply sales; canine or feline grooming or training; computer, electronic and data processing business; craftsman shop; financial establishment; garden centre and nursery; office; printing establishment; private club or lodge, union hall; repair service; research and development establishment; sale, rental or service of business machines and office supplies; scientific, technological or communications establishment; surveying, engineering, planning or design business; tradesman or contractor's establishment and veterinary services; and, to permit an artisan's establishment whereas the By-law does not permit an artisan's establishment as a permitted use within an M-2 Zone, on Part Lots 223-226, Registered Plan 376, being Parts 1 & 2 on Reference Plan 58R-17682, 108 Ahrens Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a Zoning (Occupancy) Certificate to the Planning division for any and all future use. 2. That the owner shall ensure any individual `artisan's establishment' or `office' use(s) be limited to a maximum of 250 square metres. 3. That the owner shall obtain a building permit from the Building division for any future interior renovations. 4. That the owner shall ensure 5 Class A and 3 Class B bicycle parking spaces be provided and noted on the Site Plan. 5. That owner shall ensure the Site Plan is updated to the satisfaction of the Manager of Site Development and Customer Service. 6. That the above noted Conditions 4 and 5 be fulfilled no later than May 1, 2019. Any request for an extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -371- CITY OF KITCHENER 2. Submission No.: A 2018-123 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-125 Applicant: JC Homes Inc. Property Location: 810 Frederick Street Legal Description: Lot 12, Plan 971, being Parts 8, 9 & 21 on Reference Plan 58R- 20279 Appearances: In Support: N. Hallman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing townhouse end unit to have a covered porch and stairs greater than 0.6m in height located 3.86m from the side lot line abutting Frederick Street rather than the required 4.5m; and, a front yard setback on Turner Avenue of 3.81 m rather than the required 4.5m. The Committee considered Development Services Department report DSD -18-158 dated November 9, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising they have no concerns with this application. Mr. N. Hallman was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of JC HOMES INC. requesting permission for an existing townhouse end unit to have a covered porch and stairs greater than 0.6m in height located 3.86m from the front lot line and 3.81 m from the side lot line abutting Frederick Street rather than the required 4.5m; and, having stairs greater than 0.6m above finished grade to be located 3m from the streetline, on Lot 12, Plan 971, being Part Lots 8, 9 & 22 on Reference Plan 58R-20279, 810 Frederick Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -372- CITY OF KITCHENER Submission No.: A 2018-125 (Cont'd) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried This meeting recessed at 10:38 a.m. and reconvened at 10:43 a.m. with all members present, Chaired by Mr. D. Cybalski. NEW BUSINESS MINOR VARIANCE APPLICATIONS: Submission No.: A 2018-126 Applicant: 1678818 Ontario Inc. Property Location: 468 Trussler Road Legal Description: Part Lot 46, German Company Tract, being Parts 3 & 4 on Reference Plan 58R-16217 Appearances: In Support: E. Riek Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a sanitary sewer pumping station having a westerly side yard setback of 2m rather than the required 4m; and, a rear yard setback of 1.5m rather than the required 7.5m. The Committee considered Development Services Department report DSD -18-171 dated December 5, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Mr. E. Riek was in attendance on behalf of the property owner in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt confirmed a Draft Plan of Approval has been issued, noting the subject property was always intended for a sanitary sewer pumping station. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of 1678818 ONTARIO INC. requesting permission to construct a sanitary sewer pumping station having a westerly side yard setback of 2m rather than the required 4m; and, a rear yard setback of 1.5m rather than the required 7.5m, on Part Lot 46, German Company Tract, being Parts 3 & 4 on Reference Plan 58R-16217, 468 Trussler Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11. 2018 -373- CITY OF KITCHENER i��1•Ti11�[:77►[•1�_t►�i7�E:�iE►�:1<(�Z.TiiiC Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-128 Applicant: 2522935 Ontario Inc. Property Location: 24 Crosswinds Drive Legal Description: Lot 141, Registered Plan 58M-597 Appearances: In Support: P. Ha Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 7.9m from the intersection of Grand Flats Trail and Crosswinds Drive rather than the required 9m setback. The Committee considered Development Services Department report DSD -18-172 dated December 5, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Mr. P. Ha was in attendance in support of the subject application and staff recommendation, confirming a revised building permit has been submitted for the proposed dwelling. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 2522935 ONTARIO INC. requesting permission to construct a single detached dwelling having a driveway located 7.9m from the intersection of Grand Flats Trail and Crosswinds Drive rather than the required 9m setback, on Lot 141, Registered Plan 58M-597, 24 Crosswinds Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-129 Applicants: Milestones Developments Inc. Property Location: 398 Rivertrail Avenue Legal Description: Lot 211, Registered Plan 58M-597 COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -374- CITY OF KITCHENER 3. Submission No.: A 2018-129 (Cont'd) Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a single detached dwelling having a northerly side yard setback of 1.26m rather than the required 1.5m. The Committee considered Development Services Department report DSD -18-173 dated December 5, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Mr. P. Haramis was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a northerly side yard setback of 1.26m rather than the required 1.5m, on Lot 211, Registered Plan 58M-597, 398 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 4. Submission No.: A 2018-130 Applicants: Milo and Dobrila Jokic, Slobodan and Jadranka Gojkovic and Pretis Canada Inc. Property Location: 374, 380 & 384 Prospect Avenue Legal Description: Part Lot 1, Plan 267 Appearances: In Support: A. Monteith Contra: P. Cash F. & P. Van Rooyen N. Nguyen P. Eglin Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11. 2018 -375- CITY OF KITCHENER l��1•71T1�[:77►[•7i�_t►�i7�E:�iBiil(�Z.TiTi[" The Committee was advised the applicants are requesting permission to construct two 3 -storey multi -residential stacked townhomes identified on the plan submitted with the application as "Building A" containing 16 units and "Building B" containing 12 units, having a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted FSR of 0.6; having 30 off-street parking spaces (1.07 spaces/per unit) rather than the required 49 off-street parking spaces (1.75 spaces/per unit); and, to provide 7% off-street visitor parking spaces rather than the required 15%. The Committee considered Development Services Department report DSD -18-174 dated November 29, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Ms. A. Monteith was in attendance in support of the subject application and staff recommendation. Ms. F. Van Rooyen was in attendance in opposition to the subject application, stating she wished to have clarification on what is being proposed for the subject property. She expressed concerns with the increased vehicle traffic on Prospect Avenue as well as safety concerns, noting a school is located on the street and often drivers do not obey the pavement markings or stop signs. In response to questions, Ms. F. Hosseini referenced a completed parking study for the subject property supporting the proposed parking reduction. She further advised a traffic study was not required for this application. She commented the applicant has previously constructed 2 similar buildings in the area and the parking rate being proposed is similar and successful at the other sites. In response to the concerns raised by the neighbouring property owner, Ms. Monteith advised there would only be 30 off-street parking spaces for the proposed development. She further advised the proposal has gone through Site Plan Approval and has been Approved in Principle, with 5 conditions, which are in the process of being addressed. Ms. J. Meader questioned what parking regulations were being proposed for the subject property through the new Zoning By-law. Ms. Hosseini advised the proposed parking rate would comply, adding the applicant would only need a variance for the proposed visitor parking. Mr. B. McColl brought forward a motion to approve the subject application as per the staff recommendation, including an amendment to add two additional conditions; the first requiring the applicant to obtain a Building Permit; and the second, for the applicant to complete a Tree Preservation Plan. The following motion was then voted on and was Carried, with Mr. S. Hannah voting in opposition. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of MILO and DOBRILA JOKIC (374 Prospect Avenue); SLOBODAN and JADRANKA GOJKOVIC (380 Prospect Avenue); and, PRETIS CANADA INC. (384 Prospect Avenue) requesting permission to construct two 3 -storey multi -residential stacked townhomes identified on the plan submitted with the application as "Building A" containing 16 units and "Building B" containing 12 units, having a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted FSR of 0.6; having 30 off-street parking spaces (1.07 spaces/per unit) rather than the required 49 off-street parking spaces (1.75 spaces/per unit); and, to provide 7% off- street visitor parking spaces rather than the required 15%, on Part Lot 1, Plan 267, 374, 380 and 384 Prospect Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -376- CITY OF KITCHENER Submission No.: A 2018-130 (Cont'd) That the owners shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owners further agree to implement the approved plan. No changes to the said plan shall be granted exceptwith the prior approval of the City's Director of Planning. 2. That the owners shall obtain a building permit for the proposed development to the satisfaction of the City's Chief Building Official. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-131 Applicants: Savic Homes Ltd. Property Location: 414 & 424 Prospect Avenue Legal Description: Part Lot 1, Plan 267 Appearances: In Support: A. Monteith Contra: F. & P. Van Rooyen Written Submissions: None The Committee was advised the applicants are requesting permission to construct two 3 -storey multi -residential stacked townhomes identified on the plan submitted with the application as "Building A" and "Building B" each containing 12 units, having a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted FSR of 0.6; having 26 off-street parking spaces (1.08 spaces/per unit) rather than the required 42 off-street parking spaces (1.75 spaces/per unit); and, to provide 8% off-street visitor parking spaces rather than the required 15%. The Committee considered Development Services Department report DSD -18-175 dated November 29, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Ms. A. Monteith was in attendance in support of the subject application and staff recommendation. Mr. B. McColl requested, and it was agreed, that two additional conditions be included as part of the Committee's decision this date requiring the applicant to obtain a building permit for the proposed development; and, to complete a tree management plan. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -377- CITY OF KITCHENER Submission No.: A 2018-131 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of SAVIC HOLDINGS INC. requesting permission to construct two 3 -storey multi -residential stacked townhomes identified on the plan submitted with the application as "Building A" and "Building B" each containing 12 units, having a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted FSR of 0.6; having 26 off-street parking spaces (1.08 spaces/per unit) rather than the required 42 off-street parking spaces (1.75 spaces/per unit); and, to provide 8% off-street visitor parking spaces rather than the required 15%, on Part Lot 1, Plan 267, 414 & 424 Prospect Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted exceptwith the prior approval of the City's Director of Planning. 2. That the owner shall obtain a building permit for the proposed development to the satisfaction of the City's Chief Building Official. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-132 Applicants: 114-120 Victoria Street South Inc. Property Location: 114-120 Victoria Street South Legal Description: Part Lot 553, Plan 378 Appearances: In Support: H. Price Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a three storey addition on the building commonly known as the Huck Glove building having a height of 33.5m rather than the maximum permitted height of 30m. The Committee considered Development Services Department report DSD -18-176 dated December 3, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -378- CITY OF KITCHENER 6. Submission No.: A 2018-132 (Cont'd) The Committee considered the report of the Grand River Conservation Authority (GRCA) dated November 30, 2018, advising although they have no objection to this application, they noted a small portion of the subject property is within the flood fringe portion of the floodplain associated with Schneider Creek and the allowance adjacent to the floodplain. A permit from GRCA will be required prior to any proposed future development, as per Ontario Regulation 150/06. Ms. H. Price was in attendance in support of the subject application and staff recommendation. Ms. J. von Westerholt noted a clerical error in the staff report regarding the map showing the subject property. Mr. B. McColl requested, and it was agreed, a condition requiring a building permit be added to the Committee's decision this date. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 114-120 VICTORIA STREET SOUTH INC. requesting permission to construct a three storey addition on the building commonly known as the Huck Glove building having a height of 33.5m rather than the maximum permitted height of 30m, on Part Lot 553, Plan 378, 114-120 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit for the proposed construction. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-133 Applicants: L. Zahnleiter and M. Russell Property Location: 121 Walter Street Legal Description: Part Lot 9, Plan 387, being Parts 5 & 6 on Reference Plan 58R- 18953 Appearances In Support: L. Zahnleiter Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert an existing single detached dwelling into a duplex, whereas the By-law does not currently allow a duplex as a permitted use. The Committee considered Development Services Department report DSD -18-177 dated December 3, 2018, recommending approval of this application subject to the condition outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -379- CITY OF KITCHENER 7. Submission No.: A 2018-133 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. L. Zahnleiter was in attendance in support of the subject application and staff recommendation. She clarified there is sufficient space in the garage and driveway for additional vehicles to park. The Chair requested, and it was agreed, a condition requiring a building permit be added to the Committee's decision this date. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of LISA ANITA ZAHNLEITER and WALTER RUSSELL requesting permission to convert an existing single detached dwelling into a duplex, whereas the By-law does not currently allow a duplex as a permitted use, on Part Lot 9, Plan 387, being Parts 5 & 6 on Reference Plan 58R-18953, 121 Walter Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall submit a parking plan showing two parking spaces to be provided in tandem to the satisfaction of the Director of Transportation Services. 2. That the owners shall obtain a building permit for the proposed construction to the satisfaction of the City's Chief Building Official. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-134 Applicants: Milestone Developments Inc. Property Location: 76 Grand Flats Trail Legal Description: Lot 126, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m. The Committee considered Development Services Department report DSD -18-178 dated November 27, 2018, recommending approval of this application subject to the condition outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -380- CITY OF KITCHENER 8. Submission No.: A 2018-134 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Mr. P. Haramis was in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, a condition requiring a building permit be added to the Committee's decision this date. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m, on Lot 126, Registered Plan 58M-597, 76 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the maximum building height is no more than 9.0 metres. 2. That the owner shall obtain a building permit for the proposed construction to the satisfaction of the City's Chief Building Official. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-135 Applicants: Milestone Developments Inc. Property Location: 171 Rivertrail Avenue Legal Description: Lot 16, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m. The Committee considered Development Services Department report DSD -18-179 dated November 27, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -381- CITY OF KITCHENER 9. Submission No.: A 2018-135 (Cont'd) Mr. P. Haramis was in attendance in support of the subject application and staff recommendation. In response to questions, he advised there has been a difference in opinion regarding the interpretation of the Zoning By-law for properties with Om side yard setbacks, stating it was at Planning's request that a variance be obtained for the subject property. The Chair requested, and it was agreed, a condition requiring a building permit be added to the Committee's decision this date. Ms. J. Meader expressed concerns related to Condition 2 of the staff recommendation, noting the application should be approved as per the approved elevation plans. She indicated there were no elevation drawings included with the application. Ms. J. von Westerholt stated the condition identifies the subject property as a priority lot, which was also identified a the Plan of Subdivision phase. She noted the subject property is adjacent to a park and may have restrictions on the design due to the park. Mr. von Westerholt advised if it was the Committee's wish, consideration could be given to rewording the Condition. The Chair stated he was reluctant to specify restrictions related to the imposed building elevation condition, as that condition is to the satisfaction of the Director of Planning and can be cleared by staff following the Committee's decision this date. Mr. Haramis advised the applicant has had similar conditions imposed through previous decisions and he has no objection to the wording as outlined in the Report. The following motion was voted on and Carried. Ms. J. Meader voted in opposition. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m, on Lot 16, Registered Plan 58M-597, 171 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the maximum building height is no more than 9.0 metres. 2. That the owner shall ensure proposed single detached dwelling be constructed in accordance with the approved priority lot elevations to the satisfaction of the City's Director of Planning. 3. That the owner shall obtain a building permit for the proposed construction to the satisfaction of the City's Chief Building Official. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 10. Submission No.: A 2018-136 Applicants: Christopher and Kathleen Moonen Property Location: 248 Shady Glen Crescent Legal Description: Lot 1 and Blocks 57 & 79, Registered Plan 58M-596 COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -382- CITY OF KITCHENER 10. Submission No.: A 2018-136 (Cont'd) Appearances: In Support: K. Moonen Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.4m rather than the required 4m. The Committee considered Development Services Department report DSD -18-180 dated December 3, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Ms. K. Moonen was in attendance in support of the subject application and staff recommendation. In response to questions, she stated she has had dialogue with the neighbours on both sides of the subject property regarding the new deck prior to applying to the Committee. She confirmed the dwelling was purchased with an existing deck that they wish to remove in order to construct a larger deck. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of CHRISTOPHER and KATHLEEN MOONEN requesting permission to construct a deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.4m rather than the required 4m, on Lot 1 and Blocks 57 & 79, Registered Plan 58M- 596, 248 Shady Glen Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owners shall obtain a building permit from the Building division. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 11. Submission No.: A 2018-138 Applicants: Reaching our Outdoor Friends (Kitchener) Property Location: 242, 254 & 262 Queen Street South Leaal Description: Part Lot 57. Plan 393 Mr. B. McColl declared a pecuniary interest in this application as he is a Board member of the Kitchener Housing and did not participate in any discussion or voting concerning this application. Appearances: COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -383- CITY OF KITCHENER 11. Submission No.: A 2018-138 (Cont'd) In Support: S. Dietrich -Bell A. Arseneault S. Litt Contra: P. Eglin Written Submissions: None The Committee was advised the applicants are requesting permission to construct a 10 -storey multi -residential development having a rear yard setback of 1.3m rather than the required 7.5m; a building height of 30.7m rather than the permitted maximum building height of 24m; having 86 off- street parking spaces (0.7 spaces/per unit) rather than the required 124 off-street parking spaces (1 space/per unit); and, to have 10% of the required off-street visitor parking spaces rather than the required 20% off-street visitor parking spaces. The Committee considered Development Services Department report DSD -18-182 dated November 30, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Mr. P. Chauvin was in attendance in support of the subject application and staff recommendation. Mr. P. Eglin was in attendance in opposition to the subject application, noting concerns with the construction of a 10 -storey building in a heritage district. He stated Council had previously approved construction for an 8 -storey building and the Committee this date is considering a 10 - storey building. He expressed further concerns that the subject application this date may set a precedent for future development within a heritage district. Ms. J. Meader stated in her opinion the subject application is sensitive to the neighbourhood and Provincial policy statements. Mr. G. Stevenson stated the subject development was previously considered by Council related to a Heritage Permit Application to demolish all three single detached dwellings on the subject property. He indicated Council only approved demolition of one of the dwellings, requesting the other two single detached dwellings to remain. He stated since that time the applicant has revised the development proposal to accommodate the dwellings, stating the height of the proposed multi -residential dwelling increased at that time. He further advised following the Committee of Adjustment meeting this date the applicant will still be required to obtain Site Plan Approval and a subsequent Heritage Permit Application for the new building design, including the proposed height, which will be considered by the Heritage Kitchener Advisory Committee and again by Council. In response to questions, Mr. Chauvin advised there are a number of buildings in the vicinity that are similar in height, stating in his opinion contextually the proposed development will be compatible with the streetscape. Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of REACHING OUR OUTDOOR FRIENDS (KITCHENER) requesting permission to construct a 10 -storey multi -residential development with a maximum of 124 units, having a rear yard setback of 1.3m rather than the required 7.5m; a building height of 30.7m rather than the permitted maximum building height of 24m; having 86 off-street parking spaces (0.7 spaces/per unit) rather than the required 124 off-street parking spaces (1 space/per unit); and, to have 10% of the required off-street visitor parking spaces rather than the required 20% off-street visitor parking spaces, on Part Lot 57, Plan 393, 242, 254 & 262 Queen Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -384- CITY OF KITCHENER 11. Submission No.: A 2018-138 (Cont'd) That the owner shall receive a Heritage Permit issued under the Ontario Heritage Act for the proposed new development. 2. That the owner shall agree to finalize details on how each Transportation Demand Management (TDM) Measure will be implemented and maintained to the satisfaction of the Director of Transportation Services and the City Solicitor. 3. That pursuant to Section 45(9.2) of the Planning Act, the owner shall enter into an agreement, to be registered on the title of the property, to require certain Transportation Demand Management measures are implemented to mitigate impacts from the parking reduction. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 12. Submission No.: A 2018-139 Applicants: Jim and Cindy Nessner Property Location: 16 Chapel Hill Drive Legal Description: Lot 3, Plan 1123 Appearances: In Support: M. Nielsen Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize an accessory building in the rear yard of an existing single detached dwelling having a height of the underside of the fascia of 3.5m rather than the permitted maximum height of 3m; and, for the single detached dwelling to have a driveway width of 13.7m rather than the permitted maximum driveway width of 8m. The Committee considered Development Services Department report DSD -18-183 dated December 5, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Mr. M. Nielsen was in attendance on behalf of the property owners in support of the subject application and staff recommendation. The Chair requested clarification of the subject application, questioning if a business selling tires would be conducted from the accessory building. Mr. Nielsen stated the property owner stores tires in the accessory building. He confirmed the imposed timeline of May 30, 2018 to complete the conditions would be sufficient. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -385- CITY OF KITCHENER 12. Submission No.: A 2018-139 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of CYNTHIA and JAMES NESSNER requesting permission to legalize an accessory building in the rear yard of an existing single detached dwelling having a height of the underside of the fascia of 3.5m rather than the permitted maximum height of 3m; and, for the single detached dwelling to have a driveway width of 13.7m rather than the permitted maximum driveway width of 8m, on Lot 3, Plan 1123, 16 Chapel Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owners shall obtain a revision to the issued building permit from the Building division prior to construction. 2. That the owners shall ensure a drainage swale be constructed along the edge of the driveway and generally parallel to the side lot line to ensure that all driveway drainage is directed to the street, to the satisfaction of the Engineering Division. 3. That Conditions 1 and 2 noted above be completed by May 30, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 13. Submission No.: A 2018-140 Applicants: Braun's Property Management Inc. Property Location: 405 & 409 Nyberg Street Legal Description: Lots 93 to 100, Plan 262, and Part Lot 105, Streets and Lanes Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize an existing studio/office building having 39 off-street parking spaces rather than the required 49 off-street parking spaces. The Committee considered Development Services Department report DSD -18-184 dated November 29, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -386- CITY OF KITCHENER 13. Submission No.: A 2018-140 (Cont'd) The Committee considered the report of the Grand River Conservation Authority (GRCA) dated November 30, 2018, advising although they have no objection to this application, they noted the entire property is within the floodplain (floodway) of Schneider Creek. A permit from GRCA will be required prior to any proposed future development, as per Ontario Regulation 150/06. Ms. K. Barisdale was in attendance in support of the subject application and staff recommendation. She stated the applicant has not yet received site plan approval. The Chair noted comments from the GRCA and requested a condition be added to the Committee's decision this date related to those comments. Mr. S. Hannah requested, and it was agreed, that the imposed site plan condition reflect a timeline of nine months due to seasonal conditions rather than six months, as outlined in the staff report. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of BRAUN'S PROPERTY MANAGEMENT INC. requesting permission to legalize an existing studio/office building having 39 off-street parking spaces rather than the required 49 off-street parking spaces, on Lots 93 to 100, Plan 262 and Part Lot 105, Streets and Lanes, 405 & 409 Nyberg Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall receive final approval of Site Plan Application SP17/075/N/LT and construct the parking lot within nine months of the date of site plan approval. 2. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for their application review fee. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 14. Submission No.: A 2018-141 Applicants: 1586896 Ontario Ltd. Property Location: 1800 Victoria Street North Legal Description: Lot 41, Registered Plan 1677, being Part 1 on Reference Plan 58R- 17204 Appearances: In Support: T. Wellsman R. Quinn Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -387- CITY OF KITCHENER 14. Submission No.: A 2018-141 (Cont'd) The Committee was advised the applicants are requesting permission to construct an addition in the side yard abutting Victoria Street North on an existing automotive dealership having 190 off- street parking spaces rather than the required 263 off-street parking spaces. The Committee considered Development Services Department report DSD -18-185 dated November 28, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated November 30, 2018, advising although they have no objection to this application, they noted the subject property is within the flood fringe portion of the floodplain of the Grand River. A permit from GRCAwill be required priorto any proposed future development, as per Ontario Regulation 150/06. Mr. T. Wellsman was in attendance in support of the subject application and staff recommendation. Moved by Mr. M. Kidd Seconded by Mr. S. Hannah That the application of 1586896 ONTARIO LTD. requesting permission to construct an addition in the side yard abutting Victoria Street North on an existing automotive dealership having 190 off-street parking spaces rather than the required 263 off-street parking spaces (195 for business operation, plus 68 vehicle display spaces), on Lot 41, Registered Plan 1677, being Part 1 on Reference Plan 58R-17204, 1800 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall receive final approval of Site Plan Application SP18/089/V/LT. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried CONSENT APPLICATIONS: 1. Submission No.: B 2018-121 Applicant: N.A.K. Holdings Inc. Property Location: 59 Irvin Street Legal Description: Part Lot 5, Plan 148, Part Lot 6 & Part Lot 28, Eby's Part Survey Appearances: In Support: T. Hawkins L. Vacondio N. Koebel COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -388- CITY OF KITCHENER 1. Submission No.: B 2018-121 (Cont'd) Contra: D. Reiss K. Payne -Short N. & T. Cavanagh K. & J. Jacinto Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land in the rear yard of the property municipally addressed as 59 Irvin Street having an approximate width of 20.7m, a depth of 31.2m and an area of 581.25 sq.m. to be conveyed as a lot addition to the properties municipally addressed as 79, 83, 87 Scott Street, 62, 68, 82 Weber Street East, and 15, 25, 29 Pearl Place. The Committee considered Development Services Department report DSD -18-186 dated December 4, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated December 4, 2018, advising they have no objection to this application. Ms. D. Saunderson requested, and it was agreed, that the staff recommendation be amended to include an additional condition that the applicant be required to complete a new Reference Plan as part of the Committee's decision this date. Mr. T. Hawkins and Ms. L. Vacondio were in attendance in support of the subject application and staff recommendation. Mr. D. Reiss, Mr. T. Kavanagh, Ms. N. Kavanagh, Ms. K. Payne -Short, Mr. J. Jacinto and Ms. K. Jacinto were in attendance in opposition to the subject application. They raised concerns related to the proposed access off Pearl Street and stating issues with safety and increased traffic volumes, noting it is a small laneway with minimal maneuverability and no sidewalk. Ms. Kavanagh expressed further concerns with the lot addition possibly being used to expand the off-street parking. In response to questions, Ms. J. von Westerholt advised the subject property/development has received Site Plan approval. Mr. Hawkins further advised the lot addition is separate to the approved Site Plan application. He stated the intention for the lot addition is not to expand parking; rather, it is intended to expand on a naturalized amenity space for the proposed development. He indicated although there is vehicle access off Pearl Street, that entrance will be gated and only utilized by garbage trucks. He stated the primary access would be from Scott Street. Mr. S. Hannah expressed concerns with the proposed lot addition, noting there were no conceptual plans provided with the application. Mr. Hawkins circulated to the Committee a concept drawing as well as urban design brief for the proposed development. He indicated he would be willing to meet with the neighbours further following the meeting this date regarding the proposed development. In response to questions, Mr. Hawkins advised the property owner could proceed with their development without the lot addition. He stated the lot addition was an opportunity to acquire some additional land and create more efficiencies on the property. It was suggested and agreed, that an additional condition be added to the Committee's decision this date requiring the applicant to apply for and receive approval of an amendment to their Site Plan. Several neighbours noted willingness to work with the applicants related to their concern, noting this venue was an opportunity to address their concerns regarding safety and access on Pearl Place. In response, Ms. von Westerholt advised there will be a requirement by the owner to maintain the gated access on Pearl Place as part of their Site Plan Approval. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -389- CITY OF KITCHENER 1. Submission No.: B 2018-121 (Cont'd) The following motion was then voted on and was Carried, with Mr. S. Hannah voting in opposition. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of N.A.K. HOLDINGS INC. requesting permission to sever a parcel of land in the rear yard of the property municipally addressed as 59 Irvin Street having an approximate width of 20.7m, a depth of 31.2m and an area of 581.25 sq.m. to be conveyed as a lot addition to the properties municipally addressed as 79, 83, 87 Scott Street, 62, 68, 82 Weber Street East, and 15, 25, 29 Pearl Place, on Part Lot 5, Plan 148, Part Lot 6 & Part Lot 28, Eby's Part Survey, 59 Irvin Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. 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 to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the lands to be severed shall 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. 4. 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. 5. That the owner shall apply for and receive approval of an amendment to their approved Site Plan to the satisfaction of the Manager of Site Development and Customer Service. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2020. Carried COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -390- CITY OF KITCHENER 2. Submission No.: B 2018-122 Applicant: 1841362 Ontario Inc. Property Location: 20 Victoria Marie Court/15 Prince Albert Boulevard Legal Description: Part Block 4, Registered Plan 58M-561 Appearances: In Support: K. Muir Contra: None Written Submissions: L-A. Steeleworthy The Committee was advised the applicant is requesting permission to sever a parcel of land identified as "Future Development Lands" on the plan submitted with the application, having a width on Prince Albert Boulevard of 46.3m, an easterly depth of 107.047m and an area of 0.7 hectares. The retained lands will have a width on St. Ledger Street of 29.677m, a depth on Prince Alert Boulevard of 73.572m, identified as "Building 2 Lands" on the plan submitted with the application. The parcel identified as "Condominium Lands" on the plan submitted with the application are not subject to this application. Both the severed and retained lands are intended for residential development. The Committee considered Development Services Department report DSD -18-187 dated November 27, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated December 4, 2018, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered written comments from L-A. Steeleworthy, a neighbouring property owner, dated December 4, 2018 expressing concerns with the subject application. Mr. K. Muir was in attendance in support of the subject application and staff recommendation. He stated the subject proposal has been underway for 10 years with a comprehensive site plan approved with the exception of the three buildings. He noted comprehensive securities are in place costing 1 M each to ensure the developer, working with two builders, completes the site. Mr. Muir indicated the applicant has been repairing issues over time, which are required to be cleared in order to process the securities. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of 1841362 ONTARIO INC. requesting permission to sever a parcel of land identified as "Future Development Lands" on the plan submitted with the application, having a width on Prince Albert Boulevard of 46.3m, an easterly depth of 107.047m and an area of 0.7 hectares. The retained lands will have a width on St. Ledger Street of 29.677m, a depth on Prince Alert Boulevard of 73.572m, identified as "Building 2 Lands" on the plan submitted with the application, on Part Block 4, Registered Plan 58M-561, 20 Victoria Marie Court/15 Prince Albert Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. 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. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -391- CITY OF KITCHENER Submission No.: B 2018-122 (Cont'd) 3. That the owner shall provide confirmation that easements are registered on title to the surrounding property in favour of the new parcel being created. These easements will be for sanitary, storm, water and stormwater infrastructure 4. That the owner shall provide confirmation from the Building Department that the creation of this lot does not fall under the Non -Municipal Drinking Water Act. 5. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2020. Carried Submission No.: B 2018-123 Applicant: Oscar and Sharon Lutz Property Location: 218 Woolwich Street Legal Description: Part Lot 124, German Company Tract, being Part 3 on Reference Plan 58R-2215 Appearances: In Support: K. Barisdale O. Lutz Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a portion of land having an approximate width of 62m, a depth of 66m and an area of 0.43 hectares to be conveyed as a lot addition to the adjacent development identified on the application as Stage 2 of 30T-11205/250 Woolwich Street for future residential development and completion of Field Sparrow Crescent. The retained lands having an approximate width on Woolwich Street of 50m, a depth of 122m and an area of 1 hectare will continue to be residential. The Committee considered Development Services Department report DSD -18-188 dated December 4, 2018, recommending approval of this application subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11. 2018 -392- CITY OF KITCHENER 3. Submission No.: B 2018-123 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated December 4, 2018, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval the applicant complete an Archaeological Assessment for the entire severed property and provide the Region of Waterloo with the Ministry of Culture, Tourism and Sport acceptance letter. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated December 3, 2018, advising although they have no objection to this application, they noted a portion of the lands to be retained are regulated due to a tributary of Melitzer Creek and the associated 15 -metre allowance to the watercourse. A portion of thee lands to be severed are regulated due to the allowance to the Provincially Significant Melitzer Creek Wetland Complex located off the property. A permit from GRCA will be required prior to any future development, as per Ontario Regulation 150/06. The Committee considered comments from the City of Waterloo dated December 4, 2018 advising as the extension of the subdivision (severed lands) is towards or proximal to Melitzer Creek, the creek system shall be enhanced and appropriately buffered as a cold water stream and potential trout fishery. Ms. D. Saunderson requested, and it was agreed, that the staff recommendation be amended to include an additional condition that the applicant be required to complete a new Reference Plan as part of the Committee's decision this date. Ms. K. Barisdale was in attendance in support of the subject application. She circulated revised comments from the Region of Waterloo, dated December 11, 2018 amending their requested conditions as outlined in their previous submission, stating that the completed Archaeological Assessment and submission of the Ministry Clearance be completed as part of the future Zone Change application rather than the subject application, and requested the Committee to not impose the Condition initially requested by the Region on December 4, 2018. She further requested an amendment to Condition 4. A. of the staff recommendation to read as follows "That prior to final endorsement of the deed, the Owner shall apply for a Zoning By-law amendment and major modification to draft plan of subdivision 30T-11205 to the satisfaction of the Director of Planning." Ms. J. von Westerholt advised staff were aware of the amendments being proposed by Ms. Barisdale and staff have no objections to the proposed amendments. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of OSCAR and SHARON LUTZ requesting permission to sever a portion of land having an approximate width of 62m, a depth of 66m and an area of 0.43 hectares to be conveyed as a lot addition to the adjacent development identified on the application as Stage 2 of 30T-11205/250 Woolwich Street for future residential development and completion of Field Sparrow Crescent, on Part Lot 124, German Company Tract, being Part 3 on Reference Plan 58R-2215, 218 Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11. 2018 -393- CITY OF KITCHENER Com* 1•"ri117M4M►ire 3. That the lands to be severed shall 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. 4. 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. 5. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title for the severed portion which shall include the following: a. That prior to final endorsement of the deed, the owners shall apply for a Zoning By-law amendment and major modification to 30T-11205 to the satisfaction of the Director of Planning. b. That prior to servicing or registration, whichever occurs first, the subdivider shall obtain approval of, and implement a Restoration/Enhancement Plan as per the Scoped Environmental Impact Study (Natural Resource Solutions Inc., November, 2018) to the satisfaction of the City's Director of Planning. C. That the subdivider shall agree to advise prospective purchasers of lots backing onto the Restoration/Enhancement Area that any vegetation associated with the Restoration/Enhancement Plan is not be removed or significantly altered without approval by the Director of Planning. General maintenance is exempted from this provision. d. That the subdivider shall agree to advise prospective purchasers of Lots backing onto the Restoration/Enhancement Area that any vegetation associated with the Restoration/Enhancement Plan is not be removed or significantly altered without approval by the Director of Planning. General maintenance is exempted from this provision. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2020. Carried COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -394- CITY OF KITCHENER 4. Submission No.: B 2018-124 Applicant: Milorad Gutovic Property Location: 34 Third Avenue Legal Description: Lot 40, Registered Plan 254 Appearances: In Support: Z. Bogunovic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 10.059m, a depth of 40m and an area of 402.36 sq.m. The retained land will have a width of 10.059m, a depth of 40m and an area of 402.36 sq.m. Both lots are intended for residential duplexes. The Committee considered Development Services Department report DSD -18-189 dated December 3, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated December 4, 2018, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the Owner enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 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 the Environment, Conservation and Parks (MOECP). Mr. Z. Bogunovic was in attendance on behalf of the property owner in support of the subject application and staff recommendation. The Chair requested the proposed Region of Waterloo be added to the Committee's decision this date. In response to questions, Ms. J. von Westerholt confirmed no variances were required related to the subject application. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of VESNA and MILORAD GUTOVIC requesting permission to sever a parcel of land having a width of 10.059m, a depth of 40m and an area of 402.36 sq.m., on Lot 40, Registered Plan 254, 34 Third Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -395- CITY OF KITCHENER 4. Submission No.: B 2018-124 (Cont'd) 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for parkland dedication the amount of $4,627.14. 4. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owners shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 6. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owners shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owners shall make arrangements, financial or otherwise, for the relocation/removal of any existing City -owned street furniture, boulevard trees, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City Director of Engineering Services in consultation with the City's Director of Operations and the Director of Transportation Planning. 10. That the owners shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 11. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. That the owners shall enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): "Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 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 the Environment, Conservation and Parks (MOECP)." It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -396- CITY OF KITCHENER 4. Submission No.: B 2018-124 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2020. Carried Submission No.: B 2018-125 Applicant: Edmir and Monika Hasanaj Property Location: 60 Kehl Street Legal Description: Part Lots 32 & 33, Registered Plan 384, beina Part 2 on Reference Plan 58R-2243 Appearances: In Support: E. Hasanaj Contra: I. Park Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 9.906m, a depth of 46.34m and an area of 459 sq.m. The retained land will have a width of 9.906m, a depth of 46.34m and an area of 459 sq.m. Both parcels are intended for single detached dwellings. The Committee considered Development Services Department report DSD -18-190 dated November 30, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated December 4, 2018, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated December 3, 2018, advising although they have no objection to this application, they noted a majority of the subject property is within the flood fringe of a Two -Zone Floodplain associated with Shoemaker Creek. A small portion of the property is also within the regulated allowance adjacent to the floodplain. A permit from GRCA will be required prior to any future development, as per Ontario Regulation 150/06. Mr. E. Hasanaj was in attendance in support of the subject application and staff recommendation. The Chair noted comments from the Grand River Conservation Authority (GRCA) and Region of Waterloo and requested the Region's condition be added to the Committee's decision this date. He stated as basements are not planned for the proposed dwellings, Condition 9 as indicated in the staff report may be redundant. Ms. I. Park was in attendance in opposition to the subject application, noting concerns related to the proposed building being located close to the side yard lot line, specifically when related to her garage through the construction phase. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -397- CITY OF KITCHENER 5. Submission No.: B 2018-125 (Cont'd) The Chair acknowledged the neighbour's concerns, stating those will be addressed through the building permit and property inspection processes. It was further noted the proposed building footprint is in compliance with side yard setbacks outlined in the Zoning By-law. Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the application of EDMIR and MONIKA HASANAJ requesting permission to sever a parcel of land having a width of 9.906m, a depth of 46.34m and an area of 459 sq.m., on Part Lots 32 & 33, Registered Plan 384, being Part 2 on Reference Plan 58R-2243, 60 Kehl Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall submit and receive approval of a site drawing and front building elevation drawings, prior to final severance approval, to the satisfaction of the Director of Planning in consultation with Urban Design staff, showing the location and design of the proposed dwellings on both the severed and retained lots. The elevations plans should show two different designs (one for each of the proposed single dwelling dwelling) and should feature a comparable design and style to the existing buildings in the immediate neighbourhood. 4. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for parkland dedication the amount of $4,556.76. 5. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services. 6. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the owners shall provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 8. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 9. That the owners shall provide Engineering Services with confirmation that the basement elevation of the future dwellings can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owners are required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owners. 10. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -398- CITY OF KITCHENER Submission No.: B 2018-125 (Cont'd) a) That the owners shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b) That the owners shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning and the Director of Operations. c) That the owners shall ensure any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. That prior to the issuance of any building permit, the owners shall make satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Operations. 11. That the owners shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 12. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for their application review fee. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2020. Carried Submission No.: B 2018-126 Applicant: Nenad Gutovic Property Location: 53 Second Avenue Legal Description: Lot 30, Plan 254 Appearances: In Support: N. Gutovic Contra: T. Urosevic C. Taib COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -399- CITY OF KITCHENER 6. Submission No.: B 2018-126 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 10.059m, a depth of 39.94m and an area of 401.75 sq.m. The retained land will have a width of 10.058m, a depth of 39.99m and an area of 402.21 sq.m. Both parcels are intended for residential development. The Committee considered Development Services Department report DSD -18-191 dated December 3, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated December 4, 2018, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the Owner enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): "Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 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 the Environment, Conservation and Parks (MOECP)." Mr. N. Gutovic was in attendance in support of the subject application and staff recommendation. The Chair noted for the applicant's information the comments from the City's Engineering Division regarding the development freeze. In response, Ms. J. von Westerholt stated the development freeze is tied to the final stage of the pumping station, which is currently being constructed and is likely to be completed in early 2019. She further advised the applicant would not be prohibited from completing the conditions of the Consent within the imposed one-year deadline. She stated they may not be able to proceed with the development until the development freeze has concluded. Ms. T. Urosevic and Ms. C. Taib were in attendance in opposition to the subject application, expressing concerns with the size of the proposed lots as well as the development phase, specifically related to noise and possible damage that may occur to their properties due to the construction. Ms. Urosevic stated when the property adjacent to her was under construction significant damage was caused to her property when developing that site. She expressed further concern that the developer may not adhere to the required laws, which may adversely impact the adjoining properties. The Chair stated the builders have to adhere to By-laws, noting the concerns raised would be dealt with by the City's Building Division and By-law Enforcement Division. In response to questions regarding the required side yard setbacks, Ms. J. von Westerholt advised she could not confirm the exact side yard setbacks within the Zoning for the subject property, adding there are no variances required this date. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of VANJA and NENAD GUTOVIC requesting permission to sever a parcel of land having a width of 10.059m, a depth of 39.94m and an area of 401.75 sq.m., on Lot 30, Plan 254, 53 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -400- CITY OF KITCHENER 6. Submission No.: B 2018-126 (Cont'd) 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,627.14. 4. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owners shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 6. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owners shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owners shall make arrangements financial or otherwise for the relocation/removal of any existing City -owned street furniture, boulevard trees, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City Director of Engineering Services in consultation with the City's Director of Operations and the Director of Transportation Planning. 10. That the owners shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits.Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 11. That the owners shall obtain Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning 12. That the owners shall obtain a demolition permit to the satisfaction of the Chief Building Official. 13. That the owners shall submit payment to the Region of Waterloo the Consent Application Review Fee of $350.00. 14. That the owners shall enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): "Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 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 the Environment, Conservation and Parks (MOECP)." COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -401- CITY OF KITCHENER 6. Submission No.: B 2018-126 (Cont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2020. Carried Submission No.: B 2018-127 Applicant: FM Limited Partner Inc. Property Location: 385 Frederick Street Legal Description: Subdivision of Lot 3 and Part Lot 9, German Company Tract and Part Lot X. Plan 414 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a lease in excess of 21 years to FM Limited Partnership for the northeast portion of the property containing a 219.6 sq.m. Tim Hortons restaurant with drive thru. The Committee considered Development Services Department report DSD -18-192 dated December 3, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated December 4, 2018, advising they have no objection to this application. Mr. S. Patterson was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of FM GENERAL PARTNER INC. requesting permission for a lease in excess of 21 years to FM Limited Partnership for the northeast portion of the property containing a 219.6 sq.m. Tim Hortons restaurant with drive thru, on Subdivision of Lot 3 and Part Lot 9, German Company Tract and Part Lot X, Plan 414, 385 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -402- CITY OF KITCHENER 7. Submission No.: B 2018-127 (Cont'd) 1. 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 to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s) if required by the City Clerk. 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. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2020. Carried MINOR VARIANCE APPLICATIONS (CONT'D): 15. Submission No.: A 2018-137 Applicants: 1 Goodrich Portfolio Inc. Property Location: 1 Goodrich Drive/1 Chandaria Place Legal Description: Part Lot 6, Plan 1524, being Part 2 on Reference Plan 58R-14370 Appearances: In Support: D. McLean Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission for an existing industrial building to have outdoor storage in the front, rear and side yards abutting a street, whereas the By- law does not permit outdoor storage in a front or side yard abutting a street. The Committee considered Development Services Department report DSD -18-181 dated November 29, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 29, 2018, advising they have no concerns with this application. Mr. D. McLean was in attendance in support of the subject application and staff recommendation COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -403- CITY OF KITCHENER 15. Submission No.: A 2018-137 (Cont'd) The Chair questioned if Condition 2 as outlined in the staff report could be made more specific and possibly include installation of a decorative fence. Ms. J. von Westerholt stated the site is located within an industrial area and landscaping is already present. She noted the property is subject to site plan approval, adding trees, fencing and additional landscaping would be discussed at that time. In response to questions, Mr. McLean stated the containers as shown in the staff report photo are representative, noting they will be stored in an orderly manner to be easily accessed for removal. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of 1 GOODRICH PORTFOLIO INC. requesting permission for an existing industrial building to have outdoor storage in the front, rear and side yards abutting a street, whereas the By-law does not permit outdoor storage in a front or side yard abutting a street, on Part Lot 6, Plan 1524, being Part 2 on Reference Plan 58R-14370, 1 Goodrich Drive/1 Chandaria Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure outdoor storage is only permitted in the area generally shown as `Storage Area' attached as `Appendix A' of Development Services Department report DSD -18-181. 2. That the owner shall ensure a landscaped vegetative buffer is provided along the Goodrich Drive frontage adjacent to the proposed outdoor storage area (shown as `Storage Area' on Appendix A) of Development Services Department report DSD -18-181, to the satisfaction of the City's Manager of Site Development & Customer Service.,. 3. That the owner shall obtain a site plan of the subject property to establish the outdoor storage location(s) for the property and any required parking spaces for future use(s), as required by the City's Manager of Site Development & Customer Service. 4. That the owner shall obtain a Zoning (Occupancy) Certificate to ensure the outdoor storage area does not occupy any required parking spaces for the proposed use(s). It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 12:13 p.m. Dated at the City of Kitchener this 11th day of December, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:09 a.m. Present: Mr. D. Cybalski, Chair Mr. B. McColl Ms. J. Meader Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Ms. F. Hosseini, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk The Chair explained the Committee of Adjustment is considered a Standing Committee of City Council and the Decisions rendered this date with respect to sign/fence variances are recommendations to City Council and not a final decision. He advised the Committee's recommendations will be forwarded to City Council on Monday, December 17, 2018 at 7:00 p.m. and applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS: FENCE APPLICATION 1. Submission No.: FN 2018-003 Applicant: Ramandeep and Amandeep Brar Property Location: 626 Blair Creek Drive Legal Description: Lot 8, Registered Plan 58M-558 Appearances: In Support: R. Brar Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the property line abutting Mistywood Street rather than the required setback of 1.5m. The Committee considered Development Services Department report DSD -18-164 dated November 9, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 6, 2018, advising they have no concerns with this application. Ms. A. Brar was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised staff are satisfied Condition 2 as outlined in the staff recommendation will maintain the required Corner Visibility Triangle (CVT). She further advised that staff have recommended a 0.6m separation between the fence and property line to accommodate landscaping between the fence and the sidewalk and are of the opinion that is sufficient space to accommodate the proposed landscaping. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of RAMANDEEP and AMANDEEP BRAR requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the property line abutting Mistywood Street rather than the required setback of 1.5m, on Lot 8, Registered Plan 58M-558, 626 Blair Creek Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -26- CITY OF KITCHENER Submission No.: FN 2018-003 (Cont'd) That the owners shall obtain approval of a landscape plan from the City's Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the site lot line abutting Gravel Ridge Trail. All landscaping shall be completed by December 1, 2019 and shall be maintained in accordance with the approved landscape plan. It is the opinion of this Committee that: The variance approved in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 630 (Fences) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried This meeting recessed at 10:12 a.m. and reconvened at 10:39 a.m. with all members present, Chaired by Mr. D. Cybalski. NEW BUSINESS: SIGN APPLICATIONS Submission No.: SG 2018-014 Applicant: St. George's Anglican Church Property Location: 321 Fischer Hallman Road Leaal Description: Part Lot 2. Plan 1019 Appearances: In Support: P. Jukes Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace an existing ground - supported sign with another ground -supported sign having automatic changing copy located 11 m from a residential zone rather than the required setback of 100m; to be located 15m from another ground -supported sign rather than the required 50m distance separation; and, to have a sign area of 3.23 sq. m. rather than the permitted maximum sign area of 3 sq.m. The Committee considered Development Services Department report DSD -18-169 dated December 3, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 29, 2018, advising they have no concerns with this application. Mr. P. Jukes was in attendance in support of the subject application and staff recommendation. Mr. B. McColl suggested, and it was agreed, an additional condition be included as part of the Committee's decision that approval of SG 2018-014 shall be as per the plans submitted with the application. Moved by Mr. B. McColl Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -27- CITY OF KITCHENER 1. Submission No.: SG 2018-014 (Cont'd) That the application of St. George's Anglican Church requesting permission to replace an existing ground -supported sign with another ground -supported sign having automatic changing copy located 11 m from a residential zone rather than the required setback of 100m; to be located 15m from another ground -supported sign on the subject property rather than the required 50m distance separation; and, to have a sign area of 3.23 sq. m. rather than the permitted maximum sign area of 3 sq.m., on Part Lot 2, Plan 1019, 321 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11:00 pm and 6:00 am. 4. That the above noted Conditions 1 to 3 be fulfilled no later than April 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in the decision. 5. The established portable sign location will be removed from our system and no longer available for use. Failure to fulfill these conditions will result in this approval becoming null and void. 6. That approval of sign variance application SG 2018-014 is as per the plans submitted with the subject application. It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 2. Submission No.: SG 2018-015 Applicant: Waterloo District School Board Property Location: 371 Franklin Street North Legal Description: Block C, Plan 1152 Appearances: In Support: S. Dowrick Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a ground -supported sign having automatic changing copy located 23.3m from a residential zone rather than the required setback of 100m. The Committee considered Development Services Department report DSD -18-170 dated December 3, 2018, recommending approval of this application subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 11, 2018 -28- CITY OF KITCHENER 2. Submission No.: SG 2018-015 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 29, 2018, advising they have no concerns with this application. Mr. S. Dowrick wase in attendance in support of the subject application and staff recommendation. It was suggested and agreed that an additional condition be included as part of the Committee's decision that approval of SG 2018-014 shall be as per the plans submitted with the application. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of WATERLOO REGION DISTRICT SCHOOL BOARD requesting permission to legalize a ground -supported sign having automatic changing copy located 23.3m from a residential zone rather than the required setback of 100m, on Block C, Plan 1152, 371 Franklin Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 11:00 pm and 6:00 am. 4. That the above noted Conditions 1 to 3 be fulfilled no later than April 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. 5. That approval of sign variance application SG 2018-015 is as per the plans submitted with the subject application. It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:42 a.m. Dated at the City of Kitchener this 11th day of December, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment