Committee of Adjustment

Committee Minutes

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Electronic Meeting
Present:
  • S. Hannah, Member
  • M. Kidd, Member
  • J. Meader, Member
  • B. McColl, Member
Staff:
  • T. Malone-Wright, Supervisor, Development Applications
  • D. Seller, Transportation Services
  • D. Saunderson, Deputy Clerk
  • M. Mills, Committee Administrator
  • A. Fox, Administrative Clerk

On motion, the meeting commenced at 10:00 a.m.

Submission No.: B 2022-035
Applicants: SSB Developments Ltd.
Property Location: 5 South Drive
Legal Description: Lot 288, Plan 230, Part Lot 289 to 291.

In Support:

S. Bacic

Contra:  

S. Lyons   

Written Submissions:

S. Lyons

S. Bacic 

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m. The retained parcel of land having a width of 9.6m, a depth of 40.8m and an area of 410.1sq.m. The parcel of land is to be severed so the existing single detached dwelling can be demolished and new duplexed dwellings constructed on each lot. 

The Committee considered Development Services Department report DSD-2022-400, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 6, 2022, advising they have no concerns with the subject application subject to conditions as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application.

The Committee considered the report of Bell Canada dated June 6, 2022, advising they have no concerns with the subject application subject to conditions as outlined in the report.

S. Lyons was in attendance in opposition of the application citing concerns with privacy and obstruction of sunlight due to the size and height of the proposed dwellings. 


S. Bacic was in attendance in support of the staff recommendation. In response to the comment raised by the adjacent property owner, S. Bacic stated the proposed development will be located about 40ft. from the property of the opposition with minimal impacts on privacy.


In response to questions from the Committee, T. Malone-Wright confirmed the setback of the property meets the Residential Intensification in Established Neighbourhoods Study (RIENS) requirements.


S. Hannah referred to submissions provided by the applicant of other developments in the area noting the driveway widths do not comply with the Zoning By-law thus questioned whether the proposed development would only require a building permit as it is not subject to site plan approval. T Malone-Wright stated the drawings in the Staff Report reflect the appropriate zoning requirements. S. Hannah was of the opinion that the proposed development would not suit the character of the neighborhood and was not in support of the application.

J. Meader was of the opinion that the proposed development complies with the Zoning By-law and is compatible with the neighborhood. 

The following motion was then voted on with B. McColl, M. Kidd and J. Meader voting in favour; and, S. Hannah voting in opposition.

Moved by M. Kidd

Seconded by J. Meader 

  • That the application of SSB DEVELOPMENTS LTD requesting permission to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m, on Lot 288, Plan 230, Part Lot 289 to 291, 5 South Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

    1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
    2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
    3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
    4. That the property owner shall obtain Demolition Control approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Manager of Development Review. 
    5. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement.
    6. That the property owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following:

    a) That the property owner 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 Supervisor, Site Plans, and where necessary, implemented prior to any grading, tree removal or the issuance of demolition and building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved.

    b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Supervisor, Site Plans.

    c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 

    7. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.

    8. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.

    9. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services.

    10. That the property owner shall ensure that any new driveways are to be constructed to City of Kitchener standards at the property owner’s expense prior to occupancy of the building, and in a paired location to the satisfaction of the City’s Director of Transportation and Director of Engineering Services.

    11. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.

    12. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $4,704.49 of the value of the lands to be severed.

    13. That the property owner shall fulfil one of the following three requirements to ensure that any City-owned tree will not be impacted by the proposed development:

    a) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:

    i) That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City’s Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelop/work zone, a landscaped area and the vegetation to be preserved. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries. 

    ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director Parks and Cemeteries.

    iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.

    OR

    b) 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:

    i) That the property owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City’s Director Parks and Cemeteries. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries.
    ii) That the property owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City’s Director Parks and Cemeteries.

    OR

    c) Make arrangements regarding financial compensation for the trees to be removed, to the satisfaction of the City’s Director of Parks and Cemeteries. 

    14. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.

    15. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo.

    16. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:

    Dwelling on Severed and Retained Lots:

    a) The dwelling unit must be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning.

    b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements:

    i) Type C - “The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). In addition, this dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP.”

    ii) Type  B and Stationary Noise – “Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP).”

    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 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision

    Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.

    Carried

Submission No.: B 2022-036 to 038
Applicants: DSQ Corp.
Property Location: 9 Pleasant Avenue
Legal Description: Part Lot 339, Plan 230, Part Lot 1, Plan 699, Part 1 Reference Plan 58R-5103

Appearances:
In Support:         

 L. Quaile

 K. Berbash

 

Contra:      

K. Reimer-Watts

 

Written Submissions:

V. Lee

K. Reimer-Watts

The Committee was advised the applicant requested consent to sever the parcel of land into 4 residential lots. The parcel of land is to be severed and the existing single detached dwelling demolished to construct 2 detached dwellings and 1 semi-detached dwelling on two lots. The Committee considered the written submissions regarding the subject application.

B 2022-036 – (Severed Lot - Lot  A)

Width – 15.2m

Depth – 44.3m

Area – 463.1sq.m.

B 2022-037 – (Severed Lot - Lot B)

Width – 8.5m

Depth – 39.5m

Area – 313.1sq.m.

B 2022-038 – (Severed Lot - Lot C)

Width – 10.8m

Depth – 33.5m

Area – 365.2sq.m.

 

Retained Lot 

Width – 10.4m

Depth – 27.5m

Area – 317.4sq.m.

 

 

The Committee considered Development Services Department report DSD-2022-387, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 6, 2022, advising they have no concerns with the subject application subject to conditions as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the relevant policy, and that staff recommended approval.

K. Reimer-Watts was in attendance in opposition of the application and staff’s recommendation stating an opinion that the development will bring significant disruption to the makeup of the neighborhood thus neighbours should be consulted in the process. K. Reimer-Watts questioned whether the new development will provide affordable housing and raised concerns about the removal of trees on the subject property to accommodate this development. Further, K. Reimer-Watts expressed concerns about increased traffic volume with road congestion. 

In response, B. McColl stated that affordable housing is not a required condition for severance under the Planning Act. T- Malone Wright also noted that mixed housing is encouraged under the Provincial Planning Statement. Further, a Tree Management Plan addressing the removal of existing vegetation and replacement would be prepared prior to the issuance of demolition or building permits. D. Seller addressed traffic and transportation concerns, stating that Pleasant Avenue is designated as a minor neighbourhood collector and is currently estimated to be within its' operating capacity.

In response to questions from the Committee, T. Malone-Wright confirmed there is no cultural heritage interest in the property.

S. Hannah noted the elevation drawings do not match the lot fabric drawing in that, the driveways are shown to be located on the external of the units instead of inside. Furthermore, the driveway will be significantly closer to the intersection of Pleasant and Queen. D Seller explained the driveway setback is greater than 9m so it is permissible. K Berbash noted the two driveways will be attached together as displayed in the lot fabric drawings.

B McColl noted the elevation drawings should be updated to comply with the By-Law.

It was suggested and agreed that the Committee’s decision this date should be amended to include an additional condition that the drawings will be reviewed prior to the issuance of a building permit and the driveway locations will be in general accordance with the site plan included in the application.

  • Submission B 2022-036

    Moved by M. Kidd

    Seconded by J. Meader

    That the application of DSQ CORPORATION requesting permission to sever a parcel of land identified as Lot A on the plan submitted with the application, having a lot width of 15.2m, a depth of 44.3m and an area of 463.1sq.m on Part Lot 339, Plan 230, Part Lot 1, Plan 699, being Part 1, Reference Plan 58R-5103, 9 Pleasant Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

    1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
    2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
    3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.    
    4. That the property owner shall obtain Demolition Control approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Manager of Development Review. 
    5. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement.
    6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
    7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
    8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services.
    9. That the property owner shall ensure that any new driveways are to be constructed to City of Kitchener standards at the property owner’s expense prior to occupancy of the building, and in a paired location to the satisfaction of the City’s Director of Transportation and Director of Engineering Services.
    10. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
    11. That the property owner shall extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering.
    12. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $7,448.00 of the value of the lands to be severed.
    13. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:

    a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Supervisor, Site Plans, and where necessary, implemented prior to any grading, tree removal or the issuance of demolition and building permits. Such plans shall include among other matters, the identification of a processed building envelope/work zone, landscaped area and vegetation to be preserved.

    b) That the property owner further agrees to implement the approved plan. No chances to said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

    c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life of the development.
     d) That all driveway(s) be constructed in compliance with the Zoning By-law and generally in accordance with the Plan as outlined in Development Services Department report DSD-2022-387 to the satisfaction of the Director of Planning.

    14. That the property owner shall fulfil one of the following three requirements to ensure that any City-owned tree will not be impacted by the proposed development:

    a) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:

    i) That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City’s Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelop/work zone, a landscaped area and the vegetation to be preserved. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries. 

    ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director Parks and Cemeteries.

    iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.

    OR

    b) 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:

    i) That the property owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City’s Director Parks and Cemeteries. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries.

    ii) That the property owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City’s Director Parks and Cemeteries.

    OR

    c) Make arrangements regarding financial compensation for the trees to be removed to the satisfaction of the City’s Director of Parks and Cemeteries. 

    15. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo.

    16. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.

    17. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:

    Dwelling on Severed and Retained Lots:

    a) The dwelling unit must be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning.

    b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements:

    i) Type C - “The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). In addition, this dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP.”

    ii) Type B and Stationary Noise – “Purchasers/tenants are advised that despite the 
    inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP).”

    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 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision.

    Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.

    Carried
  • Submission B 2022-037

    Moved by M. Kidd

    Seconded by J. Meader

     

    That the application of DSQ CORPORATION requesting permission to sever a parcel of land identified as Lot B on the Plan submitted with the application, having a width of 8.5m, a depth of 39.5m, and an area of  313.1sq.m. on Part Lot 339, Plan 230, Part Lot 1, Plan 699, Part 1,  Reference Plan 58R-5103, 9 Pleasant Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

    1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
    2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
    3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.    
    4. That the property owner shall obtain Demolition Control approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Manager of Development Review. 
    5. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement.
    6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
    7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
    8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services.
    9. That the property owner shall ensure that any new driveways are to be constructed to City of Kitchener standards at the property owner’s expense prior to occupancy of the building, and in a paired location to the satisfaction of the City’s Director of Transportation and Director of Engineering Services.
    10. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
    11. That the property owner shall extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering.
    12. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $4,165.00 of the value of the lands to be severed.
    13. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:

    a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Supervisor, Site Plans, and where necessary, implemented prior to any grading, tree removal or the issuance of demolition and building permits. Such plans shall include among other matters, the identification of a processed building envelope/work zone, landscaped area and vegetation to be preserved.

    b) That the property owner further agrees to implement the approved plan. No chances to said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

    c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life of the development. 

    d) That all driveway(s) be constructed in compliance with the Zoning By-law and generally in accordance with the Plan as outlined in Development Services Department report DSD-2022-387 to the satisfaction of the Director of Planning.

    14. That the property owner shall fulfil one of the following three requirements to ensure that any City-owned tree will not be impacted by the proposed development:

    a) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:

    i) That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City’s Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelop/work zone, a landscaped area and the vegetation to be preserved. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries. 

    ii)  That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director Parks and Cemeteries.

    iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.

    OR

    b) 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:

    i) That the property owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City’s Director Parks and Cemeteries. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries.

    ii) That the property owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City’s Director Parks and Cemeteries.

    OR

    c) Make arrangements regarding financial compensation for the trees to be removed, to the satisfaction of the City’s Director of Parks and Cemeteries. 

    15. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo.

    16. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.

    17. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:

    Dwellings on Severed and Retained Lots:

    a) The dwelling unit must be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning.

    b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements:

    i) Type C - “The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). In addition, this dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP.”

    ii) Type  B and Stationary Noise – “Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP).”

    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 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision.

    Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.

  • Submission B 2022-038

    Moved by M. Kidd

    Seconded by J. Meader

    That the application of DSQ CORPORATION requesting permission to sever a parcel of land identified as Lot C on the plan submitted with the application, having a width of 10.8m, a depth of 44.3m, and an area of  365.2sq.m on Part Lot 339, Plan 230, Part Lot 1, Plan 699, Part 1,  Reference Plan 58R-5103, 9 Pleasant Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

    1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
    2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
    3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.    
    4. That the property owner shall obtain Demolition Control approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Manager of Development Review. 
    5. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement.
    6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
    7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
    8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services.
    9. That the property owner shall ensure that any new driveways are to be constructed to City of Kitchener standards at the property owner’s expense prior to occupancy of the building, and in a paired location to the satisfaction of the City’s Director of Transportation and Director of Engineering Services.
    10. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
    11. That the property owner shall extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering.
    12. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $5,360.60 of the value of the lands to be severed.
    13. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:

    a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Supervisor, Site Plans, and where necessary, implemented prior to any grading, tree removal or the issuance of demolition and building permits. Such plans shall include among other matters, the identification of a processed building envelope/work zone, landscaped area and vegetation to be preserved.

    b) That the property owner further agrees to implement the approved plan. No chances to said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

    c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life of the development.

    d) That all driveway(s) be constructed in compliance with the Zoning By-law and generally in accordance with the Plan as outlined in Development Services Department report DSD-2022-387 to the satisfaction of the Director of Planning.

    14. That the property owner shall fulfil one of the following three requirements to ensure that any City-owned tree will not be impacted by the proposed development:

    a) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:

    i) That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City’s Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelop/work zone, a landscaped area and the vegetation to be preserved. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries. 

    ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director Parks and Cemeteries.

    iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.

    OR

    b) 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:

    i) That the property owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City’s Director Parks and Cemeteries. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries.

    ii) That the property owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City’s Director Parks and Cemeteries.

    OR

    c) Make arrangements regarding financial compensation for the trees to be removed, to the satisfaction of the City’s Director of Parks and Cemeteries. 


    15. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo.

    16. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.

    17. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:

    Dwelling on Severed and Retained Lots:

    a) The dwelling unit must be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning.

    b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements:

    i) Type C - “The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). In addition, this dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the MECP.”

    ii) Type B and Stationary Noise – “Purchasers/tenants are advised that despite the 
    inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP).”

    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 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision.

    Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.

Submission No.: A 2022-098
Applicants: Dustin Mattingsley
Property Location: 407 Ottawa Street South
Legal Description: Part Lot 19, Plan 384

Appearances:
In Support:

G. O'Rourke


Contra:    

None

                      
Written Submissions:

None

The Committee was advised the applicant requested permission to enlarge a legal non-confirming use to construct a detached garage in the rear yard of the dwelling, whereas accessory structures on single detached dwellings in a General Industrial Zone (M-2) are not permitted by the Zoning By-law.

The Committee considered Development Services Department report DSD-2022-377, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the tests outlined in the Planning Act under Section 45(2) to expand a legal non-confirming use, and that staff recommended approval.

Moved by S. Hannah

Seconded by J. Meader

  • That the application of DUSTIN HENDRICK MATTINGSLEY requesting permission to enlarge a legal non-conforming use to facilitate the construction of a detached garage having a building floor area of 50.03sq. m. in the rear yard of the dwelling, generally in accordance with drawings prepared by Gerard O’Rourke, dated June 2, 2022, on Part Lot 19, Registered Plan 384, 407 Ottawa Street South, Kitchener, Ontario, BE APPROVED.

    It is the opinion of this Committee that the request for permission to enlarge a legal non-conforming 
    use to facilitate the construction of a detached garage having a building floor area of 50.03sq.m. in 
    the rear yard of an existing dwelling under Section 45(2) of the Planning Act is appropriate for the 
    following reasons:

    1. That approval of this application is in the public interest as the new garage will support the existing use.
    2. That the construction of a detached garage will not create any adverse impacts and is compliant with all applicable setbacks and height restrictions.

    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 2022-099
Applicants: Robert Drzazga
Property Location: 68 Breithaupt Street
Legal Description: Lot 144, Plan 376

Appearances:
In Support:

A. Head


Contra:        

                  None 


Written Submissions:

 

None 

 

The Committee was advised the applicant requested permission to to legalize a front yard setback of 0.8m rather than the required 6.0m; a westerly side yard setback of 0.8m rather than the required 1.2m; to permit a “Repair Service Use” (The Rim Dr.) whereas the By-law does not currently permit “Repair Service Use”.

The Committee considered Development Services Department report DSD-2022-399, dated August 4, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval.

S. Hannah referred to the transportation comments in the Staff Report noting a Driveway Visibility Triangle (DVT) variance and questioned whether the property would be legal non-conforming. D. Seller advised the encroachment into the DVT is an existing condition as the building is a pre-existing structure. T Malone confirmed that the property would be legal non-conforming and will not require a variance.

Moved by J. Meader 

Seconded by M. Kidd

  • That the application of ROBERT DRZAZGA requesting a minor variance to recognize the location of the existing building for use as a 'Service or Repair to Motor Vehicles'; and, to legalize a front yard setback of 0.8m rather than the required 6.0m; and, a side yard setback of 0.8m rather than the required 1.2m, in accordance with Site Plan Application SP22/111/B/TZ on Lot 144, Registered Plan 376, 68 Breithaupt 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.    

    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 2022-100
Applicants: Dave and Colleen Bishop
Property Location: 334 Waterbend Crescent
Legal Description: Part Lot 5, Registered Plan 58M-388, Part 1, Reference Plan 58R-16117

Appearances:
In Support:

D. Bishop


Contra:    

None 

     
Written Submissions:

None 

The Committee was advised the applicant requested permission to a deck exceeding 0.6m in height (proposed 2.7m) in the rear yard of a single detached dwelling having a rear yard setback of 2.1m rather than the required 4m; and, to permit the rear yard deck to have a setback of 2m rather than the required 4m to facilitate the construction of a landing and stairs.

The Committee considered Development Services Department report DSD-2022-376, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval.

Moved by J. Meader

Seconded by M. Kidd

  • That the application of COLLEEN LISA BISHOP and DAVID JUSTIN BISHOP requesting minor variances to By-law 85-1 and By-Law 2019-051 to permit a rear deck to have a rear yard setback of 2m rather than the required 4m to facilitate the extension of the existing deck, in accordance with drawings prepared by Steve Ryan, Heritage Design, dated May 1, 2022 on Part Lot 5, Registered Plan 58M-388, 334 Waterbend Crescent, Kitchener, Ontario BE APPROVED.

    The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 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 final date of this decision.

    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 2022-101
Applicants: Stacy Charron
Property Location: 130 Rosemount Drive
Legal Description: Lot 48, Plan 779

Appearances:

In Support:

S. Charron 


Contra:    

None    

                  
Written Submissions:

None 

The Committee was advised the applicant requested permission to legalize a 3-unit multi-residential dwelling having a southerly side yard setback of 1.85m rather than the required 2.5m; the 3 required off-street spaces located between the front façade and the street line on Sherwood Avenue, whereas the By-law does not permit parking in front of the building façade; and, that the required off-street parking spaces are located 1.89m from the street line rather than the required 3m.

The Committee considered Development Services Department report DSD-2022-404, dated August 2, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval.

S. Hannah questioned whether building code compliance would be a condition of site plan approval as the third unit was constructed without permission. T Malone confirmed building and fire code would be enforced.

Moved by S. Hannah 

Seconded by J. Meader

  • That the application of STACY LEE CHARRON requesting minor variances to By-law 85-1 and By-Law 2019-051 to legalize a 3-unit multi-residential dwelling having a southerly side yard setback of 1.85m rather than the required 2.5m; to permit the 3 required off-street spaces to be located between the front façade and the street line on Sherwood Avenue; and, to permit the required off-street parking spaces to be located 1.8m from the street (property) line rather than the required 3m, generally in accordance with Site Plan Application SP 22/115/R/SRM on Lot 48, Plan 779, 120 Rosemount Drive, Kitchener, Ontario, BE APPROVED.

    The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 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 final date of this decision.

    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

The application was withdrawn and was not considered by the Committee.

Submission No.: A 2022-103
Applicants: Andrew Fors
Property Location: 438 Highland Road East
Legal Description: Lot 30, Plan 862

Appearances:
In Support:

A. Fors


Contra:  

        J. Kipper

                
Written Submissions:

J. Kipper

J. Charlton

K. O'Brien

R. Kalap

 

The Committee was advised the applicant requested permission to construct an additional dwelling unit (ADU) on a lot having a width of 12.19m rather than the required 13.1m; and, for the proposed ADU building floor area to be 63% of the total building floor area of the existing single detached dwelling, whereas the By-law does not permit ADU’s to exceed 50% of the total building floor area of the principal dwelling.

The Committee considered Development Services Department report DSD-2022-384, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval.

J. Kipper was in attendance in opposition of the subject application citing several issues including: street parking, insufficient outdoor amenity space and insufficient space for snow clearance causing encroachment on adjacent properties. J. Kipper was also of the opinion that the proposed ADU would infringe on the privacy of neighbours due its' elevation and window size. Lastly, J. Kipper stated  the development would not be consistent with the neighbourhood's design characteristics. In response, T. Malone-Wright stated that all the issues raised will be addressed through the site plan approval process including ensuring parking is at an appropriate location and the removal of excess asphalt for sufficient outdoor amenity space.

S. Hannah referred to the written submissions noting common concerns of a gas meter impeding the required walkway size. T. Malone Wright noted, the site plan approval process will ensure relocation of the gas meter to facilitate the required 1.1m walkway.

S. Hannah questioned whether the windows on the proposed ADU would face the property on 434 Highland Road West. A. Fors stated that preliminary site designs had not been completed to date until additional approvals have been received due to budget constraints however, any design changes required to address neighbours' concerns and meet the City's requirements would be implemented.

J. Meader questioned whether a condition could be included in the Committee decision this date requiring the windows facing the adjacent property to be opaque. T. Malone requested the committee consider including that requirement directly into the decision, rather than imposing it as a condition to avoid the cyclical nature  of approvals. The Committee was in agreement with this recommendation and required the windows facing the adjacent property to be opaque be included in the Committee's decision.

Moved by S. Hannah

Seconded by M. Kidd

  • That the application of ANDRE JOSEPH IVAR FORS requesting minor variances to By-law 85-1 and By-Law 2019-051 to construct an additional dwelling unit (ADU), additionally that any windows on the ADU in the westerly side year in any are required to be opaque, on a lot having a width of 12.1m rather than the required 13.1m; and, to permit the ADU total building floor area to be 63% (46.5sq.m.) of the principal dwelling instead of the maximum permitted 50% (36.9 sq.m.), generally in accordance with drawings prepared by Van Harten Surveying Inc., dated June 23, 2022, on Lot 30, Reference Plan 862, 438 Highland Road East, Kitchener, Ontario, BE APPROVED.

    The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 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 final date of this decision.

    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.: B 2022-042
Applicants: Igor & Snjezana Cekrlija and Nedeljko & Sandra Mitrovic
Property Location: 59 Bruce Street
Legal Description: Part Lot 6 to 8, Plan 357

Appearances:
In Support:

N. Karanovic


Contra:       

None

                    
Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land so each half of a semi-detached duplex dwelling can be dealt with separately. The severed land will have a width of 7.623m, a depth of 38.101m and an area of 290.33 sq.m. The retained will have a width of 7.617m, a depth of 38.101m and an area of 290.41 sq.m.

The Committee considered Development Services Department report DSD-2022-395, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 10, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the relevant policy, and that staff recommended approval.

Moved by J. Meader 

Seconded by M. Kidd

  • That the application of IGOR CEKRLIJA and NEDELJKO MITROVIC and SANDRA MITROVIC and SNJEZANA CEKRLIJA requesting permission to sever a parcel of land having a lot width of 7.62m, a depth of 38.1m, and an area of 290.33sq.m. on Part Lots 6 to 8, Registered Plan 357, 59 Bruce Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

    1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
    2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
    3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
    4. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
    5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
    6. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services.
    7. That the property owner shall ensure that any new driveways are to be constructed to City of Kitchener standards at the property owner’s expense prior to occupancy of the building, and in a paired location to the satisfaction of the City’s Director of Transportation and Director of Engineering Services.
    8. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
    9. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $3,506.58 of the value of the lands to be severed.
    10. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:

    Dwelling on Severed and Retained Lots:

    a)The dwelling unit must be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning.

    b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements:

      1. "Purchasers are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on Highway 7/85, highway on-off ramps and Bruce Street, may on occasion, interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP).”
      2. “That this unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP).”
      3. “Purchasers/tenants are advised that due to the proximity of the adjacent commercial uses, noise from the commercial uses may at times be audible.”

    c) That the City of Kitchener’s Building Inspector certify that the noise attenuation measures are              incorporated in the building plans and upon completion of construction, the City of Kitchener’s            Building Inspector will certify that the dwelling units have been constructed accordingly.

    11. That the property owner shall submit a valid Section 59 Notice to the satisfaction of 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.kitchener.ca.

    Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision.

    Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.

    Carried

Submission No.: B 2022-043
Applicants: Andreas & Galatia Kyriakou
Property Location: 41-43 Harvest Court
Legal Description: Lot 19, Plan 1468

Appearances:
In Support:

M. Streutker


Contra:            

  None

            
Written Submissions:

 None 

The Committee was advised the applicant requested permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 9.17m, a depth of 46.84m and an area of 428 sq.m. The retained land will have a width of 9.17m, a depth of 46.84m and an area of 434 sq.m.

The Committee considered Development Services Department report DSD-2022-386, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 28, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the relevant policy, and that staff recommended approval.

In response to a question raised by the Committee, M. Streutker confirmed the noise clause condition can be satisfied. J. Meader was of the opinion that noise clauses are unnecessary for developments on arterial roads however if there are no objections from applicants, these conditions can be imposed.

Moved by J. Meader

Seconded by S. Hannah 

  • That the application of ANDREAS KYRIAKOU and GALATIA ANDRIAS KYRIAKOU requesting permission to sever a parcel of land having a width of 9m, a depth of 46.84m and an area of 428 sq.m. on Lot 19, Registered Plan 1468, 41-43 Harvest Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 

    1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 
    1. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 
    1. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 
    1. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: 

    Dwelling on Severed and Retained Lots: 

    a) The dwelling unit must be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of central air conditioning.

    b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements:

    i) “Purchasers are advised that sound levels due to increasing road traffic on Doon Village Road may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP).”

    ii) “That this unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP).”

    c) That the City of Kitchener’s Building Inspector certify that the noise attenuation measures are incorporated in the building plans and upon completion of construction, the City of Kitchener’s Building Inspector will certify that the dwelling units have been constructed accordingly. 

    1. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $4,218.00 of the value of the lands to be severed.

     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. 
    1. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 
    1. 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 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. 

    Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.

    Carried

Submission No.: B 2022-044
Applicants: Nikola Karanovic
Property Location: 273 Hartwood Avenue
Legal Description: Lot 100, Plan 806

Appearances:
In Support:

N. Karanovic

B. Karanovic 


Contra:      

None

                    
Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land so each half of a semi-detached duplex dwelling can be dealt with separately. The severed land will have a width of 7.627m, a depth of 36.577m and an area of 278.97 m. The retained land will have a width 7.627m, a depth of 36.577m and an area of 278.97m.

The Committee considered Development Services Department report DSD-2022-397, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 28, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the relevant policy, and that staff recommended approval. T. Malone-Wright noted staff are proposing an amendment to the recommendation as outlined in the report to remove Condition 10 related to  financial compensation for the street tree as the applicant has already completed the requirement.

Moved by S. Hannah

Seconded by J. Meader

  • That the application of BOJAN KARANOVIC and NIKOLA KARANOVIC requesting permission to sever a parcel of land to sever a parcel of land having a lot width of 7.6m, a depth of 36.5m and an area of 278.9sq.m. on Lot 100, Registered Plan 806, 273 Hartwood Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

    1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
    2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
    3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.   
    4. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
    5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
    6. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services.
    7. That the property owner shall ensure that any new driveways are to be constructed to City of Kitchener standards at the property owner’s expense prior to occupancy of the building, and in a paired location to the satisfaction of the City’s Director of Transportation and Director of Engineering Services.
    8. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
    9. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $3,508.42 of the value of the lands to be severed.

    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 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision.

    Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.

    Carried

Submission No.: B 2022-045
Applicants: Craig Beattie
Property Location: 160 Bullock Street & 10 Pearson Street
Legal Description: Block 8 to 10, Registered Plan 58M-656

Appearances:
In Support:

C. Pidgeon


Contra:      

None  

  
Written Submissions:

None

The Committee was advised the applicant requested permission to grant an easement having an irregular shape, having a width on Pearson Street of 12.4m, a width on Homer Watson Boulevard and a width on Bullock Street of 251.2m to between the buildings for municipal services and vehicle access. The properties are currently subject to a blanket easement proposed to be discharged.

The Committee considered Development Services Department report DSD-2022-403, dated August 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 28, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated July 26, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the relevant policy, and that staff recommended approval.

S.  Hannah stated that Engineering raised concerns that the wording of the easement does not referring municipal services however, Condition 1 addresses this matter. T Malone-Wright was in agreement.

Moved by J. Meader

Seconded by M. Kidd

    1. 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.
    2. That the Transfer Easement document (s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications:

    a) A clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and

    b) A clause/statement wording confirming that the Easement(s) being granted shall be maintained and or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

    5. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.

    6. That the property owner shall make financial arrangements for 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.kitchener.ca.

    Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision.

    Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.

    Carried

On motion, the meeting adjourned at 11:38 a.m.

Marilyn Mills
Acting Secretary-Treasurer
Committee of Adjustment

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