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HomeMy WebLinkAboutCA - 2020-02-18COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 9:16 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Ms. J. Meader Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. S. Ryder, Traffic Planning Analyst Mr. G. Stevenson, Senior Planner Mr. R. Kelly-Ruetz, Planner Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk Mr. R. Parent, Region of Waterloo Mr. M. Colley, Region of Waterloo Mr. J. Wigglesworth, Region of Waterloo IN CAMERA MEETING AUTHORIZATION Moved by Mr. S. Hannah 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." The Committee recessed at 9:18 a.m. and reconvened at 10:00 a.m. with all members present, Chaired by Mr. D. Cybalski. Ms. J. Meader entered the meeting at this time. MINUTES Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the regular minutes of the Committee of Adjustment meeting held January 21, 2020, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS: CONSENT APPLICATIONS Submission Nos.: B 2020-001 to B 2020-004 Applicant: WAM Fischer -Hallman G.P. Inc. Property Location: 1250, 1270 & 1314 Fischer Hallman Road Legal Description: Lot 4 and Part of Lot 2, Plan 1471 Mr. S. Hannah declared a pecuniary interest with this application as he has a client that has potential interest in the subject property. As such, he did not participate in any discussion or voting with respect to this application and left the meeting at this time. Appearances: In Support: M. Campbell Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -23- CITY OF KITCHENER 1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd) The Committee was advised the applicant is requesting permission to sever 3 parcels of land, Lots 1 and 3 on the plan submitted with the application are intended for future development and Lot 4 is intended to be deemed open space. The retained land, Lot 2 on the plan submitted with the application, is also intended for future development. Permission is also being requested to grant easements to facilitate the future development over the three severed parcels for access, servicing and stormwater purposes. Permission will also be required to grant an easement over Lot 4 (open space) for the purpose of stormwater management. The dimensions of the lots are approximately proposed as follows: B 2020-001 - Lot 1 on the plan submitted with the application (Corner of Fischer -Hallman Road and Bleams Road) Frontage: 74.5m Area: 0.794 hectares B 2020-002 - Lot 2 on the plan submitted with the application Frontage: 207.4m Area: 3.195 hectares B 2020-003 - Lot 3 on the plan submitted with the application (irregular in shape) Frontage: 39.3m Area: 1.903 hectares B 2020-004 - Lot 4 on the plan submitted with the application Frontage: 11.27m Area: 0.792 hectares The Committee considered Development Services Department report DSD -20-028 dated February 12, 2020, recommending approval of these applications, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated February 12, 2020, advising they have no objection to applications B 2020-001 to B 2020-004, subject to the following conditions: 1. That prior to final approval, the owner submit the consent review fee of $350.00 per new lot created to the Region of Waterloo. 2. The owner enter into an agreement with the Region of Waterloo, to submit a detailed Environmental and Stationary Noise Study prior to Site Plan Approval, and enter into a further supplementary agreement to implement the recommendations of the noise study. 3. Notwithstanding the above -stated condition, the owner is required to enter into a development agreement with the Region of Waterloo to include the following warning clause in any offers to purchase and/or rental agreements: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible." 4. That prior to final approval, the owner submit a final Stormwater Management Report for review and approval by the Region of Waterloo. 5. That the owner provide a draft reference plan showing the requested specific easements for access, stormwater and servicing, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the Region of Waterloo. 6. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the Region, in consultation with the City: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -24- CITY OF KITCHENER 1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd) a. A clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. A clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released, or otherwise dealt with without the express written consent of the City. 7. That the owner provide the Region a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the Region's Solicitor to be provided to the Region Solicitor. 8. That prior to final approval, as recommended in the Transportation Impact Study entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed southerly access on Fischer -Hallman Road (interim traffic control signal/permanent roundabout), to the satisfaction of the Region. 9. That prior to final approval, the owner shall enter into an agreement with the Region of Waterloo to provide the functional design, approved cost estimate, and letter of credit all to the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the interim traffic control signals at the southerly most access of the site to Fischer -Hallman Road, and the dedication of the lands required from the developer to implement the traffic control signal, free and clear of all encumbrances at no expense to the Region of Waterloo; 10. That prior to final approval, the owner shall enter into an agreement with the Region to provide the approved Preliminary Roundabout Design, approved cost estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to secure the funds required for the Region of Waterloo to remove the traffic control signals at the southerly most access of the site to Fischer -Hallman Road and install a permanent centre aligned roundabout in its place, and the dedication of the lands required from the developer to implement the permanent centre aligned roundabout. The Letter of Credit shall include all costs for land acquisition by the Region (including expropriation costs) for all required lands from properties not owned by the Developer, free and clear of all encumbrances at no expense to the Region of Waterloo. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated January 9, 2020 advising although they have no objection to these applications, they noted the subject lands contain erosion hazard and its associated allowance as well as the allowance to a wetland located on an adjacent property. They further advised due to the presence of the resource features noted above, any future development proposed within GRCA regulated areas will require prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06. Mr. M. Campbell was in attendance in support of the subject applications. He noted they have been unable to come to a resolution with the Region of Waterloo regarding their transportation conditions and requested the subject applications be deferred to the May 19, 2020 Committee of Adjustment meeting, with the opportunity to reschedule to an earlier meeting pending a resolution can be identified. Submission Nos.: B 2020-001 to B 2020-004 Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18. 2020 -25- CITY OF KITCHENER i��1•Ti11�CTi1�C•>`�■Y►�iY�iaiI�Z[[.7Y►�iY�iaiI�L!<NZ.TiiiC That the applications of WAM FISCHER-HALLMAN G.P. INC. requesting permission to sever 3 parcels of land. Lots 1 and 3 on the plan submitted with the application are intended for future development and Lot 4 is intended to be deemed open space; and, to grant easements to facilitate the future development over the three severed parcels for access, servicing and stormwater purposes and an easement over Lot 4 (open space) for the purpose of stormwater management, on Lot 4 and Part of Lot 2, Plan 1471, 1250, 1270 & 1314 Fischer Hallman Road, Kitchener, Ontario, BE DEFERRED to the May 19, 2020 Committee of Adjustment meeting to allow additional time to dialogue with the Region of Waterloo regarding recommended conditions of approval. Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2020-008 Applicant: Globe Studios Property Location: 141 Whitney Place Legal Description: Subdivision of Lot 17 & Part Lots 297, 298 & 303, German Company Tract, beinq Parts 6 & 7 on Reference Plan 58R-2803 Appearances: In Support: G. Hayton J. Willis B. DeLeo Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to allow retail sale of pottery supplies in an existing multi -tenant industrial building, whereas the By-law does not permit general retail sales. The Committee considered Development Services Department report DSD -20-021 dated February 4, 2020 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 January 29, 2020 advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated February 7, 2020 advising although they have no objection to this application, they noted the subject property is adjacent to Schneider Creek and also contains the floodplain associated with the Schneider Creek, adding this reach of floodplain has been designated as a Two -Zone Floodplain Policy Area. They further advised due to the presence of these features, any future development proposed within GRCA regulated areas will require prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06. Messrs. G. Hayton and J. Willis and Ms. B. DeLeo were in attendance in support of the subject application and staff recommendation. Mr. Hayton stated Globe Studios is a not-for-profit organization, noting the Pottery Supply House has been a tenant of the building since it was constructed approximately 20 years ago. The Chair requested, and it was agreed, that the GRCA's comments be included as a condition in the Committee's decision this date. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -26- CITY OF KITCHENER Submission No.: A 2020-008 (Cont'd Ms. J. Meader questioned if the Committee's approval this date could be specific to the unit currently occupied by the Pottery Supply House. Mr. Hayton confirmed the Pottery Supply House was located in Unit 24, stating he had no objection to the unit being specified in the Committee's decision this date. Ms. J. von Westerholt stated the occupancy certificate would also specify the business name and unit number. Ms. J. Meader brought forward a motion to approve the subject application, including an amendment that the proposed pottery supply sales be specific to Unit 24 of the building. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of GLOBE STUDIOS requesting permission to allow retail sale of pottery supplies in Unit 24 of an existing multi -tenant industrial building, whereas the By-law does not permit general retail sales, on Subdivision of Lot 17 & Part Lots 297, 298 & 303, German Company Tract, being Parts 6 & 7 on Reference Plan 58R-2803, 141 Whitney Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for a Zoning/Occupancy Certificate from the Planning department prior to June 30, 2020. 2. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for their application plan 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.kitcener.ca Carried Mr. S. Hannah re-entered the meeting at this time. 2. Submission No.: A 2020-009 Applicant: Andrin Next Limited Property Location: 120, 130 & 140 King Street West, 31 Young Street and 55 Duke Street West Legal Description: Lot 6 and Part Lots 7 & 8, Plan 362, Part Lot 7, Registered Plan 401 Appearances: In Support: K. Muir Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 25 -storey residential condominium development having 0.9 off-street parking spaces/per unit rather than the required 0.95 off-street parking spaces/per unit approved through previous Minor Variance application A 2018-078. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -27- CITY OF KITCHENER 2. Submission No.: A 2020-009 (Cont'd) The Committee considered Development Services Department report DSD -20-022 dated February 7, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 29, 2020 advising they have no concerns with this application. Mr. K. Muir was in attendance in support of the subject application and staff recommendation. In response to questions, he noted the addition of 1 storey will allow for an increase of 10 dwelling u n its. In response to questions, Ms. J. von Westerholt confirmed the building height is currently 24 storeys, noting the applicant is proposing 1 additional storey. It was noted under the new Zoning By-law, 0 parking spaces would be required for the proposed development, so no further justification was required for the additional parking reduction. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of ANDRIN NEXT LIMITED requesting permission to construct a 25 -storey residential condominium development having a parking rate of 0.9 spaces/per unit rather than a parking rate of 1 space/per unit, on Lot 6 and Part Lots 7 & 8, Plan 362, Part Lot 7, Registered Plan 401, 120, 130 & 140 King Street West, 31 Young Street & 55 Duke Street, 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.kitcener.ca Carried 3. Submission No.: A 2020-010 Applicants: Katherine and Mark Ishay Property Location: 25 Wellington Street North Legal Description: Part Lot 55, Registered Plan 376 Appearances: In Support: D. Clelland Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert an existing single detached dwelling into a duplex having 1 off-street parking space rather than the required 2 off- street parking spaces. The Committee considered Development Services Department report DSD -20-023 dated February 10, 2020 recommending approval of this application. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -28- CITY OF KITCHENER 3. Submission No.: A 2020-010 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 29, 2020 advising they have no concerns with this application. Ms. D. Clelland was in attendance in support of the subject application and staff recommendation. She stated the dwelling was converted to a duplex several years ago and the owner is requesting legalization of the existing condition. She confirmed the photo in Report DSD -20-023 accurately depicts the rear yard of the subject property. Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the application of KATHARINE and MARK ISHOY requesting permission to convert an existing single detached dwelling into a duplex having 1 off-street parking space rather than the required 2 off-street parking spaces, on Part Lot 55, Registered Plan 376, 25 Wellington Street North, 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.kitcener.ca Carried Submission No.: A 2020-011 Applicants: Miljan and Slobodanka Sekerovic Property Location: 23 Forfar Avenue Legal Description: Part Lot 3, Registered Plan 865, being Part 2 on Reference Plan 58R-20356 Appearances: In Support: M. Sekerovic Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a single detached dwelling having a side yard abutting Forfar Avenue of 4.3m rather than the required 4.5m; and, a driveway located 7m from the intersection of Forfar Avenue rather than the required setback of 9m. The Committee considered Development Services Department report DSD -20-024 dated February 10, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 29, 2020 advising they have no concerns with this application. Mr. M. Sekerovic was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -29- CITY OF KITCHENER 4. Submission No.: A 2020-011 (Cont'd) Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILJAN and SLOBODANKA SEKEROVIC requesting permission to construct a single detached dwelling having a side yard abutting Forfar Avenue of 4.3m rather than the required 4.5m; and, a driveway located 7m from the intersection of Forfar Avenue rather than the required setback of 9m, on Part Lot 3, Registered Plan 865, being Part 2 on Reference Plan 58R-20356, 23 Forfar Ave, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part 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.kitcener.ca Carried 5. Submission No.: A 2020-012 Applicant: Pamata Hospitality Inc. Property Location: 1333 Weber Street East Legal Description: Lots 29-34, 45-50, 91, Part Lots 12-17, 43, 44, 86, 87 & 90 on Registered Plan 322 and Part Lots 126, 141 & 173, Streets & Lanes Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a mixed-use commercial residential development under Zoning By-law 85-1 in current force and effect having a minimum off-street parking rate of 0.85 spaces/per-unit rather than the required 1 off-street parking spaces/per-unit; 1 off-street parking space per 35 sq.m. of commercial space rather than the required 1 off-street parking space per 27 sq. m. of commercial space; to permit residential visitor parking to be shared with the commercial parking rather than providing 20% of all required residential parking to be identified as visitor; and, permission under Zoning By-law 2019-051 to have a minimum off-street parking rate of 0.85 parking spaces/per-unit rather than the required 0.9 off-street parking spaces per-unit. The existing hotel is proposed to be demolished. The Committee considered Development Services Department report DSD -20-025 dated February 12, 2020 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 January 29, 2020 advising they have no concerns with this application. Ms. K. Barisdale was in attendance in support of the subject application and staff recommendation. She questioned staff's proposed condition regarding the Transportation Demand Measures (TDM) being registered on title. Mr. D. Seller stated the condition is intended to include the TDM indicated within the agreement, outlined within the Traffic Impact Study for the proposed development. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18. 2020 -30- CITY OF KITCHENER 5. Submission No.: A 2020-012 (Cont'd) In response to questions regarding visitor parking, Ms. Barisdale advised the owner has received Site Plan Approval in Principle for the plan that was included within the application. She indicated since receiving Site Plan Approval in Principle, due to various factors related to construction the applicant decided to move forward with the variance request, stating the Site Plan will be modified to address the shared parking spaces. She indicated the new Zoning By-law (CroZBy) eliminates the visitor parking requirement; however, visitors to the commercial and residential uses will be accommodated. Ms. J. Meader expressed concerns with the wording related to the minor variances to the new Zoning By-law 2019-051 and the statement within the condition "should the regulations relating to the requested variance change prior to Zoning By-law 2019-051 coming into force, this variance shall be void." She noted if the property owner obtains a building permit prior to the new By-law being in full force and effect and the regulations change, the status of the property would then be legal non -conforming. She suggested, and it was agreed, that additional language be included within the condition to state "should the regulations relating to the requested variance change prior to Zoning By-law 2019-051 coming into force, this variance shall be void unless a building permit was issued." Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of PAMATA HOSPITALITY INC. requesting permission to construct a mixed-use commercial residential development under Zoning By-law 85-1 in current force and effect having a minimum off-street parking rate of 0.85 spaces/per-unit rather than the required 1 off-street parking spaces/per-unit; 1 off-street parking space per 35 sq. m. of commercial space rather than the required 1 off-street parking space per 27 sq. m. of commercial space; to permit residential visitor parking to be shared with the commercial parking rather than providing 20% of all required residential parking to be designated as visitor; and, permission under Zoning By-law 2019-051 to have a minimum off-street parking rate of 0.85 parking spaces/per-unit rather than the required 0.9 off-street parking spaces per-unit, on Lots 29-34, 45 to 50, 91, Part Lots 12-17, 43, 44, 86, 87 & 90 on Registered Plan 322 and Part Lots 126, 141 & 173, Streets & Lanes, 1333 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit and obtain approval of a revision to Site Plan Application SP19/105/W/AP, to the satisfaction of the City's Manager of Site Development and Customer Service. 2. That the owner shall make satisfactory arrangements with the City's Director of Transportation Services to implement certain Transportation Demand Management (TDM) measures in accordance with the Transportation Impact Study prepared by Paradigm Transportation Solutions Ltd., dated September 2019, which may include entering into an agreement to be prepared by the City's Solicitor and registered on the title of the property, at the discretion of the City's Director of Transportation Services. 3. That this approval shall apply only to the development proposed through Site Plan Application SP19/105/W/AP. 4. That this minor variance shall become effective only at such time as Zoning By-law 2019- 051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2019-051 coming into force, this variance shall be void unless a building permit has been issued. 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -31- CITY OF KITCHENER 5. Submission No.: A 2020-012 (Cont'd) 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.kitcener.ca Carried 6. Submission No.: A 2020-013 Applicant: Bridgeport at Lancaster Property Location: 544 Bridgeport Road Legal Description: Part Lot 59, German Company Tract Appearances: In Support: M. Bolen D. Driedger Contra: S. & D. Geiger M. A. Dixon R. Homanchuk J. Strauss D. Beatty Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 5 -storey mixed- use residential/institutional building having a height of 17.4m rather than the permitted maximum height of 13.5m. The Committee considered Development Services Department report DSD -20-026 dated February 10, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 29, 2020 advising they have no concerns with this application. The Committee also considered written comments from neighbouring property owners dated February 5, 2020, in opposition of the subject application. Messrs. M. Bolen and D. Driedger were in attendance in support of the subject application and staff recommendation. Ms. D. Geiger and Mr. S. Geiger were in attendance in opposition to the subject application. Ms. Geiger advised while she was not opposed to the development, she was opposed to the height increase and questioned whether it would set a precedence for Phase 2 of the proposed development. She stated in her opinion, the proposed 5 -storey building is not in conformity with the adjacent properties, indicating the majority of the homes on Lang Crescent are bungalows. She further advised there is a significant grade difference between the subject property and the properties on Lang Crescent, which may cause an even greater impact on the enjoyment of their backyards. Ms. Geiger stated in her opinion the requested variance is not minor in nature and does not conform to the current Zoning and Residential Intensification in Established Neighbourhood Study (RIENS) guidelines. She expressed further concerns related to: potential increases in traffic with subsequent vehicle emissions; and, a decrease in their property values. Ms. D. Beatty, Ms. M. A. Dixon and Messrs., J. Strauss and R. Homanchuk were also in attendance in opposition of the subject application and questioned whether the Committee's approval would extend to Phase 2 of the development. Ms. Dixon expressed concerns with: increased population density; increased traffic; asbestos remediation; and, site stability, noting COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18. 2020 -32- CITY OF KITCHENER �1•T511 r•Ti10re=_VZiYQiai1191[4Z01iiIre the subject property was previously used as a landfill. She indicated additional concerns regarding the proposed single entrance to the development and questioned whether this may cause traffic congestion on Lang Crescent. The Chair noted it appeared as if the majority of the concerns raised by the neighbourhood were related to Phase 2 of the proposed development. Mr. M. Bolen provided some background on the subject property, advising the church approached Menno Homes to redevelop the site as they have a number of affordable housing projects within the Region. He indicated this project is proposed to be developed in a two-phase approach, noting Phase 1 is the only portion of the development that is proceeding at this time. He indicated they have met all of the applicable Zoning regulations pertaining to the subject property, except for the height. He stated due to the housing crisis and funding approved for the project from the Region of Waterloo, the developer wishes to construct Phase 1 imminently. Mr. Bolen advised Menno Homes is endeavoring to be responsive to the neighbourhood concerns, stating they held their own neighbourhood information session in hopes to address and mitigate some of the concerns raised this date. He indicated the majority of the concerns raised by the neighbourhood relate to Phase 2 of the development, which is not intended to proceed for approximately 5 to 8 years. He further advised in response to concerns raised regarding asbestos, the necessary construction mitigation reports will be completed and that issue will be addressed at the time of construction. He stated in regards to concerns related to increased traffic volumes, they have spoken with the Region of Waterloo and this intersection is a priority for review related to existing traffic flows. He commented the concerns regarding soil quality will be addressed through necessary geotechnical reports which will be utilized when finalizing the development plans. In response to questions, Mr. Bolen advised they had completed a shadow study, which took into consideration Phase 2, noting as of this date the second building is proposed to be 4 -stories in height. He further advised both buildings are intended to contain a total of 84 -units. Ms. J. Meader commented it appeared the majority of the concerns raised this date were related to Phase 2; however, the variance being requested this date refers to the development of Phase 1. She noted the setbacks to the properties on Lang Crescent are significant and suggested the Committee could restrict the approval to Phase 1 of the development to provide some assurances to the community. In response to questions, Mr. G. Stevenson advised the proposed zoning for the subject property, as outlined in the new Zoning By -Law (CroZBy), is unrelated to any of the Local Planning Appeal Tribunal (LPAT) appeals. He indicated the timeline for the new Zoning By-law to be in full force and effect is unknown. He further advised under the new zoning, the applicant would be permitted to consider an 8 -storey building with a maximum height of 25m. The Chair suggested, and it was agreed, that the Committee's approval this date would be restricted to Phase 1 of the proposed development. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of BRIDGEPORT AT LANCASTER requesting permission to construct a 5 - storey mixed-use residential institutional building having a height of 17.4m rather than the permitted maximum height of 13.5m, on Part Lot 59, German Company Tract, 544 Bridgeport Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That approval of Minor Variance Application A 2020-013 shall be restricted to Phase 1, being the proposed 5 -storey building abutting Bridgeport Road. 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 COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -33- CITY OF KITCHENER 6. Submission No.: A 2020-013 (Cont'd) 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.kitcener.ca Carried Submission No.: A 2020-014 Applicant: William Zinger Property Location: 2121 Hidden Valley Crescent Legal Description: Lot 9, Registered Plan 1741 Appearances: In Support: T. Hearn E. Jackman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a cabana in the rear yard of a single detached dwelling having a maximum height of the underside of the fascia of 3.6m rather than the permitted maximum underside of the fascia of 3m. The Committee considered Development Services Department report DSD -20-027 dated February 10, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 29, 2020 advising they have no concerns with this application. Messrs. T. Hearn and E. Jackman were in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of WILLIAM ZINGER requesting permission to construct an accessory building in the rear yard of a single detached dwelling having a maximum height of the underside of the fascia of 3.6m rather than the maximum permitted height of 3m, on Lot 9, Registered Plan 1741, 2121 Hidden Valley Crescent, 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.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -34- CITY OF KITCHENER CONSENT APPLICATIONS 1. Submission Nos.: B 2020-005 & B 2020-006 Applicant: Dragoslov Kovacevic Property Location: 826 Frederick Street Legal Description: Part Lot 11, Plan 971 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever 2 parcels of land and retain 1 parcel containing townhouse dwellings so each lot can be dealt with separately. The dimensions of the lots are approximately proposed as follows: B 2020-005 — Severed Lot 1 on the plan submitted with the application Width: 7.29m Depth: 27.334m Area: 199.7 sq.m. B 2020-006 - Severed Lot 2 on the plan submitted with the application Width: 12.522m Depth: 27.553m Area: 346.3 sq.m. Permission is also being requested to grant an easement at the rear of the subject property in favour of the retained lands identified as Severed Lot 2 on the plan submitted with the application having a width on Turner Avenue of 0.9m and a depth of 12.519m for the purpose of access. Retained Land Width: 5.792m Depth: 27.456m Area: 158.9 sq.m. The Committee considered Development Services Department report DSD -20-029 dated February 10, 2020, recommending approval of these applications, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated February 7, 2019, advising they have no objection to these applications subject to the following conditions: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener for all units on the severed and retained lands to implement the required noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: i. The owner hereby agrees that all dwellings on the severed and the retained lots will be constructed as per recommendations of the noise report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 09 as prepared by GHD Limited.: ii. All dwelling units will be installed with forced air ventilation systems; suitably designed and installed with a central air conditioning systems. The location, installation and sound rating of the air conditioning device should comply with NPC -216, Residential Air Conditioning Devices. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -35- CITY OF KITCHENER 1. Submission Nos.: B 2020-005 & B 2020-006 (Cont'd) iii. "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." iv. "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the interior sound levels are within the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." V. That building components used in construction for all units on the severed and retained lands be in compliance with the Ontario Building Code (OBC). vi. That the windows and doors used in the construction of the east fapade (along Frederick Street) on the severed and retained lands have a minimum STC rating of 31. vii. That the windows and doors used in the construction of the north and south fapade (along Turner Avenue) on the severed lands have a minimum STC rating of 30. Mr. S. Patterson was in attendance in support of the subject applications and staff recommendations. It was noted the staff recommendation contained a clerical error related to Application B 2020-006. Ms. D. Saunderson advised the condition related to providing a solicitor's undertaking would be updated to reflect the standard wording for that condition. Submission No.: B 2020-005 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of DRAGOSLAV KOVACEVIC requesting permission to sever a parcel of land identified as Severed Lot 1 on the plan submitted with the application having a width of 7.29m, a depth of 27.334m and an area of 199.7 sq. m., on Part Lot 11, Plan 971, 826 Frederick 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 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 PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall enter into an agreement with the City of Kitchener for all units on the severed and retained lands to implement the required noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: a. The owner shall hereby agree that all dwellings on the severed and the retained lots will be constructed as per recommendations of the noise report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 9, 2016 as prepared by GHD Limited b. All dwelling units will be installed with forced air ventilation systems; suitably designed and installed with a central air conditioning systems. The location, installation and sound rating of the air conditioning device should comply with NPC -216, Residential Air Conditioning Devices. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -36- CITY OF KITCHENER 1. Submission Nos.: B 2020-005 & B 2020-006 (Cont'd) C. "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." d. "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the interior sound levels are within the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." e. That building components used in construction for all units on the severed and retained lands be in compliance with the Ontario Building Code (OBC). f. That the windows and doors used in the construction of the east fapade (along Frederick Street) on the severed and retained lands have a minimum STC rating of 31. g. That the windows and doors used in the construction of the north and south fapade (along Turner Avenue) on the severed lands have a minimum STC rating of 30. 4. 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: 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.kitcener.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 February 18, 2022. Carried Submission No.: B 2020-006 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of DRAGOSLAV KOVACEVIC requesting permission to sever a parcel of land identified as Severed Lot 2 on the plan submitted with the application having a corner lot width of 12.522m, a depth of 27.553m and an area of 346.3 sq.m.; and, permission to grant an easement having a width on Turner Avenue of 0.9m and a depth of 12.519m for access purposes in favour of the retained lands on the plans submitted with the application, on Part Lot 11, Plan 971, being Part 10 on Reference Plan 58R-18975, 826 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18. 2020 -37- CITY OF KITCHENER 1. Submission Nos.: B 2020-005 & B 2020-006 (Cont'd) 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify 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 PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall enter into an agreement with the City of Kitchener for all units on the severed and retained lands to implement the required noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: a. The owner shall hereby agree that all dwellings on the severed and the retained lots will be constructed as per recommendations of the noise report entitled "Road and Rail Traffic Noise Impact Study 826 Frederick Street, Kitchener, Ontario" dated June 9, 2016 as prepared by GHD Limited. b. All dwelling units will be installed with forced air ventilation systems; suitably designed and installed with a central air conditioning systems. The location, installation and sound rating of the air conditioning device should comply with NPC -216, Residential Air Conditioning Devices. C. "Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." d. "This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the interior sound levels are within the sound level limits of the Region of Waterloo Municipality and the Ministry of the Environment Conservation and Parks (MECP)." e. That building components used in construction for all units on the severed and retained lands be in compliance with the Ontario Building Code (OBC). f. That the windows and doors used in the construction of the east fapade (along Frederick Street) on the severed and retained lands have a minimum STC rating of 31. g. That the windows and doors used in the construction of the north and south fapade (along Turner Avenue) on the severed lands have a minimum STC rating of 30. 4. That the owner shall make satisfactory arrangements with the Director of Engineering for payment towards future sidewalk installation along the Turner Avenue (27.76 linear metres), at a rate of $129 per square metre. 5. That the owner shall ensure the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor in consultation with the City's Director of Planning: a. A clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. A clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -38- CITY OF KITCHENER 1. Submission Nos.: B 2020-005 & B 2020-006 (Cont'd) 6. That the owner shall ensure a satisfactory Solicitor's Undertaking is provided to register the approved Transfer Easement and to immediately thereafter provide copies to the City Solicitor. 7. 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: 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.kitcener.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 February 18, 2022. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 Applicant: MB Future Homes Ltd. Property Location: 28 Burgetz Ave Legal Description: Part Lot 4, Plan 589 Appearances: In Support: M. Prebreza B. Droyasha Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever 3 parcels of land and retain 1 parcel intended for residential development of semi-detached dwellings so each parcel can be dealt with separately. The parcel subject to the requested provisional consent was identified as the retained land from Consent Application B 2019-020. Permission will also be required for minor variances for all four parcels to facilitate the development. The dimensions of the lots are approximately proposed as follows: B 2020-007 & A 2020-015 - Lot 1 on the olan submitted with the aoolication Width: 6.99m Depth: 28.59m Area: 210 sq. m. Minor Variances are also being requested for Lot 1 to permit a lot width of 6.99m rather than the required 7.5m; and, a lot area of 210 sq.m. rather than the required 235 sq.m. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -39- CITY OF KITCHENER 1. Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (Cont'd) B 2020-008 & A 2020-016 - Lot 2 on the plan submitted with the application Width: 6.99m Depth: 28.59m Area: 197 sq.m. Minor Variances are also being requested for Lot 2 to permit a lot width of 6.99m rather than the required 7.5m; and, a lot area of 197 sq.m. rather than the required 235 sq.m. B 2020-009 & A 2020-017 - Lot 3 on the plan submitted with the application Width: 6.87m Depth: 28.59m Area: 203 sq.m. Minor Variances are also being requested for Lot 3 to permit a lot width of 6.87m rather than the required 7.5m; and, a lot area of 203 sq.m. rather than the required 235 sq.m. Retained Land & A 2020-018 - Lot 4 on the plan submitted with the application Width: 6.61 m Depth: 28.59m Area: 199 sq.m. Minor Variances are also being requested for the retained land to permit a lot width of 6.61 m rather than the required 7.5m; and, a lot area of 199 sq.m. rather than the required 235 sq. m. The Committee considered Development Services Department report DSD -20-030 dated February 10, 2020, recommending approval of these applications, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated February 7, 2020, advising they have no objection to applications B 2020-007 to B 2020-009, subject to the following condition: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 29, 2020 advising they have no concerns with applications A 2020-015 to A 2020-018. The Chair noted the condition from the Region of Waterloo and requested it be included in the Committee's decision this date. Messrs. M. Prebreza and B. Droyasha were in attendance in support of the subject applications and staff recommendations. In response to questions, Ms. J. von Westerholt advised in some instances it may be a preferred option to apply for a severance following the foundation construction for a semi-detached dwelling as it can mitigate associated risk. She advised severance can be requested prior to construction and the applicant is aware of the risks. Submission No.: B 2020-007 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MB FUTURE HOMES LTD requesting permission to sever a parcel of land identified as Severed Lot 1 on the plan submitted with the application having a width of 6.89m, a depth of 28.59m and an area of 201.7 sq.m., on Part Lot 4, Plan 589, 28 Burgetz Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -40- CITY OF KITCHENER 1. Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (Cont'd) 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify 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 PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall receive approval of the draft reference plan, from the City's Director of Planning. 4. That Minor Variance Applications A 2020-015, A 2020-016, A 2020-017 and A 2020-018 shall receive final approval. 5. That Consent Applications B 2020-007, B 2020-008 and B 2020-009 must all be finally approved. The owner shall agree that all the above noted consents must be included on the same reference plan, and that the reference plan and draft transfer must be submitted for approval by the City's Solicitor prior to endorsement of the deed(s). 6. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $11,635.70. 7. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the City's Director of Engineering Services for the severed and retained lands. 8. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 9. That the owner 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 City's Director of Engineering Services for the retained lands. 10. That the owner 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. 11. That the owner shall make arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 12. That the owner shall provide confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is 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 owner. 13. That the owner shall receive approval of the Heritage Impact Assessment (HIA) dated March 2018 and the Conservation Plan dated July 2018 and prepared by MHBC Planning Limited, for 28 Burgetz Avenue, from the City's Director of Planning. 14. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the parcel containing the log house, which shall include the following: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -41- CITY OF KITCHENER Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (Cont'd) That following the completion of building renovations contemplated under Building Permit 19-101721, the owner shall agree that the property containing the log house be designated under Part IV of the Ontario Heritage Act. 15. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of Lots 1, 2, 3 and 4 which shall include the following: "That prior to any grading, tree removal, or the application for or issuance of a building permit, the owner shall submit a Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved and must be prepared by qualified consultants, to the satisfaction of the City's Director of Planning. The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." 16. 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.kitcener.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 February 18, 2022. Carried Submission No.: B 2020-008 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MB FUTURE HOMES LTD requesting permission to sever a parcel of land identified as Severed Lot 2 on the plan submitted with the application having a width of 6.99m, a depth of 28.59m and an area of 202.4 sq.m., on Part Lot 4, Plan 589, 28 Burgetz Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -42- CITY OF KITCHENER 1. Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (Cont'd) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall receive approval of the draft reference plan, from the City's Director of Planning. 4. That Minor Variance Applications A 2020-015, A 2020-016, A 2020-017 and A 2020-018 shall receive final approval. 5. That Consent Applications B 2020-007, B 2020-008 and B 2020-009 must all be finally approved. The owner shall agree that all the above noted consents must be included on the same reference plan, and that the reference plan and draft transfer must be submitted for approval by the City's Solicitor prior to endorsement of the deed(s). 6. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $11,635.70. 7. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the City's Director of Engineering Services for the severed and retained lands. 8. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 9. That the owner 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 City's Director of Engineering Services for the retained lands. 10. That the owner 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. 11. That the owner shall make arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 12. That the owner shall provide confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is 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 owner. 13. That the owner shall receive approval of the Heritage Impact Assessment (HIA) dated March 2018 and the Conservation Plan dated July 2018, prepared by MHBC Planning Limited for 28 Burgetz Avenue, from the City's Director of Planning. 14. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the parcel containing the log house, which shall include the following: That following the completion of building renovations contemplated under Building Permit 19-101721, the owner shall agree that the property containing the log house be designated under Part IV of the Ontario Heritage Act. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -43- CITY OF KITCHENER Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (Cont'd) 15. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of Lots 1, 2, 3 and 4 which shall include the following: "That prior to any grading, tree removal, or the application for or issuance of a building permit, the owner shall submit a Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved and must be prepared by qualified consultants, to the satisfaction of the City's Director of Planning. The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." 16. 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.kitcener.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 February 18, 2022. Carried Submission No.: B 2020-009 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MB FUTURE HOMES LTD requesting permission to sever a parcel of land identified as Severed Lot 3 on the plan submitted with the application having a width of 6.87m, a depth of 28.59m and an area of 197 sq.m., on Part Lot 4, Plan 589, 28 Burgetz Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify 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 PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -44- CITY OF KITCHENER 1. Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (Cont'd) 3. That the owner shall receive approval of the draft reference plan, from the City's Director of Planning. 4. That Minor Variance Applications A 2020-015, A 2020-016, A 2020-017 and A 2020-018 shall receive final approval. 5. That Consent Applications B 2020-007, B 2020-008 and B 2020-009 must all be finally approved. The owner shall agree that all the above noted consents must be included on the same reference plan, and that the reference plan and draft transfer must be submitted for approval by the City's Solicitor prior to endorsement of the deed(s). 6. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $11,635.70. 7. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the City's Director of Engineering Services for the severed and retained lands. 8. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 9. That the owner 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 City's Director of Engineering Services for the retained lands. 10. That the owner 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. 11. That the owner shall make arrangements to the satisfaction of the City's Director of Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 12. That the owner shall provide confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is 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 owner. 13. That the owner shall receive approval of the Heritage Impact Assessment (HIA) dated March 2018 and the Conservation Plan dated July 2018, prepared by MHBC Planning Limited for 28 Burgetz Avenue, from the City's Director of Planning. 14. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the parcel containing the log house, which shall include the following: a. That following the completion of building renovations contemplated under Building Permit 19-101721, the owner shall agree that the property containing the log house be designated under Part IV of the Ontario Heritage Act. 15. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of Lots 1, 2, 3 and 4 which shall include the following: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -45- CITY OF KITCHENER 1. Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (Cont'd) "That prior to any grading, tree removal, or the application for or issuance of a building permit, the owner shall submit a Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved and must be prepared by qualified consultants, to the satisfaction of the City's Director of Planning. The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." 16. 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: 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.kitcener.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 February 18, 2022. Carried Submission No.: A 2020-015 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of WILLIAM ZINGER requesting permission to construct an accessory building in the rear yard of a single detached dwelling having a maximum height of the underside of the fascia of 3.6m rather than the maximum permitted height of 3m, on Lot 9, Registered Plan 1741, 2121 Hidden Valley Crescent, 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.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -46- CITY OF KITCHENER 1. Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (Cont'd) Submission No.: A 2020-016 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MB FUTURE HOMES LTD requesting permission for the parcel of land identified as Severed Lot 2 on the plan submitted with the application to have a lot width of 6.99m rather than the required 7.5m; and, a lot area of 202.4 sq. m. rather than the required 235 sq.m.on Part Lot 4, Plan 589, 28 Burgetz Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part 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.kitcener.ca Carried Submission No.: A 2020-017 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MB FUTURE HOMES LTD requesting permission for the parcel of land identified as Severed Lot 3 on the plan submitted with the application to have a lot width of 6.87m rather than the required 7.5m; and, a lot area of 197 sq. m. rather than the required 235 sq.m.on Part Lot 4, Plan 589, 28 Burgetz Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part 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.kitcener.ca Carried Submission No.: A 2020-018 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MB FUTURE HOMES LTD requesting permission for the parcel of land identified as Lot 4 on the plan submitted with the application (retained land) to have a lot width of 6.71m rather than the required 7.5m; and, a lot area of 207.8 sq.m. rather than the required 235 sq.m., on Part Lot 4, Plan 589, 28 Burgetz Avenue, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 18, 2020 -47- CITY OF KITCHENER Submission Nos.: B 2020-007 to B 2020-009 & A 2020-015 to A 2020-018 (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.kitcener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 11:02 a.m. Dated at the City of Kitchener this 18th day of February, 2020. Dianna Saunderson Secretary -Treasurer Committee of Adjustment