City of Kingston Report to Committee of Adjustment Report Number COA Chair and Members of Committee of Adjustment Chris Wicke, Senior Planner

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To: From: Date of Meeting: June 27, 2016 Subject: File Numbers: Address: Owner/Applicant: Agent: City of Kingston Report to Committee of Adjustment Report Number COA-16-020 Chair and Members of Committee of Adjustment Chris Wicke, Senior Planner Application for Consent (New lot) & Minor Variance D10-016-2016 & D13-020-2016 32 Fergus Street Wellington Gene Loney & Kimberley Sherry Redmond Mac Gervan Executive Summary: This is a report to recommend approval to the Committee of Adjustment regarding applications for Consent and Minor Variances for the property located at 32 Fergus Street. The proposed consent will allow the owners to sever a new lot along a common party wall following the construction of a semi-detached dwelling. The proposed variance will recognize the reduced minimum lot area requirement for both the severed and retained parcels resulting from the concurrently submitted consent application. The requested consent and minor variances are considered to be consistent with the general purpose and general intent of both the City of Kingston Official Plan and Zoning By-Law Number 8499. Staff considers the variance to be appropriate, minor, and meeting all four tests under the Planning Act. Recommendation: It is recommended that consent and minor variance applications D10-016-2016, and D13-020- 2016 for the property located at 32 Fergus Street, to create a new residential lot and reduce the minimum lot area requirement for both the severed and retained lots, be approved. Committee of Adjustment Meeting 06 June 27, 2016 50

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 2 of 13 Consent, D10-016-2016 It is recommended that consent application (File Number D10-016-2016) to sever a 360 square metre parcel of land with 10.05 metres of road frontage at 32 Fergus Street be provisionally approved, subject to the following conditions: 1. Deadline That all conditions are satisfied and the Certificate of Official is presented to the Secretary- Treasurer, Committee of Adjustment, for certification under Section 53(42) of the Planning Act, R.S.O. 1990 as amended, within one year of the mailing of the notice of decision. The property owner is advised to consult with the Land Registry Office prior to submission to the City to seek their preapproval of the Certificate of Official. The Certificate must be registered within one year from the issuance of the signed certificate as required under Section 53(43) of the Planning Act, R.S.O. 1990, as amended. A copy of the registered transfer certificate shall be provided to the Secretary-Treasurer, Committee of Adjustment, to complete the file. 2. Reference Plan That four (4) paper prints of a Reference Plan illustrating the severed parcel be prepared and presented to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the Certificate of Official. In addition, the Reference Plan is to be provided in a PDF and AutoCAD Windows readable format on a compact disc (CD), USB memory stick or by email, prior to issuance of approval. 3. Payment of Taxes The owner/applicant shall contact the Tax Department at tax@cityofkingston.ca and secure in writing from the Treasurer or the Manager of Taxation and Revenue, proof of payment of current property taxes (not a copy of the tax bill) and any special charges required to be paid out. This statement of proof of payment shall be provided to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. The owner/ applicant must pay any outstanding realty taxes and all local improvement charges levied against the property. 4. Cash-In-Lieu of Parkland That $1,834.19 shall be paid to the City of Kingston as cash-in-lieu of land dedication for park or public recreational purposes for the new building lot being created. The applicant shall provide a certified cheque or proof of payment to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. 5. Civic Address The owner/applicant shall contact the Planning Division and obtain a civic address for the new lot created and all appropriate fees shall be paid. The owner/applicant shall provide to Committee of Adjustment Meeting 06 June 27, 2016 51

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 3 of 13 the Secretary-Treasurer, Committee of Adjustment, written confirmation from the City that the civic address has been obtained prior to the issuance of the consent certificate. 6. Site Servicing Plan The owner/applicant is to complete a Site Servicing Plan for the new lot, which shall be approved by Utilities Kingston, prior to the issuance of the consent certificate. Minor Variance, D13-020-2016 (32 Fergus Street - Severed) It is recommended that minor variance application D13-020-2016 for the property located at 32 Fergus Street, to reduce the minimum lot area requirement for the severed parcel resulting from consent application (D10-016-2016), be approved. By-Law Number 8499: Section 11.3(e) Requirement: Minimum Lot Area 370 square metres per dwelling unit for twofamily dwellings Proposed: Minimum Lot Area 360 square metres per dwelling unit for twofamily dwellings Variance Requested: 10 square metres (2.7%) Approval of the foregoing variance shall be subject to the following conditions: 1. Limitation That the approved variance applies to the location of the severed lands located at 32 Fergus Street, as identified on the drawings stamped received on May 12, 2016. 2. Standard Archaeological Clause In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport (416-314-7132) and City of Kingston s Planning Division (613-546-4291, extension 3180) must be immediately contacted. In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police (613-549-4660), the Registrar of Cemeteries and Crematoriums Regulation Unit of the Ontario Ministry of Government and Consumer Services (416-326-8404), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport (416-314-7132), and City of Kingston s Planning Division (613-546-4291, extension 3180) must be immediately contacted. 3. Archaeological Assessment Prior to the issuance of a Building Permit, an Archaeological Assessment (beginning with a Stage 1-2 Assessment) and any subsequent or supporting studies are required to be completed on the property as the site falls under several of the criteria for archaeological potential. Any Committee of Adjustment Meeting 06 June 27, 2016 52

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 4 of 13 area of development or site alteration, including access routes, on lands containing archaeological resources or areas of archaeological potential will need to be assessed by an archaeologist licensed in the Province of Ontario. The applicant shall contact the Planning Division prior to commencement of the work to confirm their requirements for approval of this condition. Two (2) copies of the study and all relative information shall be provided to the Building Division as part of the Building Permit application process. The report shall be registered with the Ministry of Tourism, Culture and Sport or an acceptance letter shall be obtained from the Ministry. The City relies upon the report of the professional archaeologist as filed, but reserves the right to require further reports should further evidence be uncovered. The applicant may be required to further review the state of archaeological resources on the property depending on the recommendations of the report and subject to input and review from the Ministry of Tourism, Culture and Sport. The City shall not be restricted in its ability to determine requirements related to review, assessment and/or protection should archaeological resources be found on site. Any costs arising from such requirements of the City or any other duly authorized Government body shall be borne solely by the applicant. 4. Building Permit Application Requirements The owners/applicant shall provide to the Building Division a copy of the approved archaeological assessment and decision of the Committee of Adjustment, together with a copy of the approved drawings and archaeological assessment clearance letter from the Ministry of Tourism, Culture and Sport. The drawings submitted with the building permit application must, in the opinion of the City, conform to the general intent and description of the approved drawings, including any amendments and conditions approved by the Committee of Adjustment, as stated in the decision. Additional variances may be required should further zoning deficiencies be identified through the Building Permit application process. Minor Variance, D13-020-2016 (32 Fergus Street - Retained) It is recommended that minor variance application D13-020-2016 for the property located at 32 Fergus Street, to reduce the minimum lot area requirement for the retained parcel resulting from consent application (D10-016-2016), be approved. By-Law Number 8499: Section 11.3(e) Requirement: Minimum Lot Area 370 square metres per dwelling unit for twofamily dwellings Proposed: Minimum Lot Area 360 square metres per dwelling unit for twofamily dwellings Variance Requested: 10 square metres (2.7%) Committee of Adjustment Meeting 06 June 27, 2016 53

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 5 of 13 Approval of the foregoing variance shall be subject to the following conditions: 1. Limitation That the approved variance applies to the retained parcel located at 32 Fergus Street, as identified on the drawings stamped received on May 12, 2016. 2. Standard Archaeological Clause In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport (416-314-7132) and City of Kingston s Planning Division (613-546-4291, extension 3180) must be immediately contacted. In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police (613-549-4660), the Registrar of Cemeteries and Crematoriums Regulation Unit of the Ontario Ministry of Government and Consumer Services (416-326-8404), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport (416-314-7132), and City of Kingston s Planning Division (613-546-4291, extension 3180) must be immediately contacted. 3. Archaeological Assessment Prior to the issuance of a Building Permit, an Archaeological Assessment (beginning with a Stage 1-2 Assessment) and any subsequent or supporting studies are required to be completed on the property as the site falls under several of the criteria for archaeological potential. Any area of development or site alteration, including access routes, on lands containing archaeological resources or areas of archaeological potential will need to be assessed by an archaeologist licensed in the Province of Ontario. The applicant shall contact the Planning Division prior to commencement of the work to confirm their requirements for approval of this condition. Two (2) copies of the study and all relative information shall be provided to the Building Division as part of the Building Permit application process. The report shall be registered with the Ministry of Tourism, Culture and Sport or an acceptance letter shall be obtained from the Ministry. The City relies upon the report of the professional archaeologist as filed, but reserves the right to require further reports should further evidence be uncovered. The applicant may be required to further review the state of archaeological resources on the property depending on the recommendations of the report and subject to input and review from the Ministry of Tourism, Culture and Sport. The City shall not be restricted in its ability to determine requirements related to review, assessment and/or protection should archaeological resources be found on site. Any costs arising from such requirements of the City or any other duly authorized Government body shall be borne solely by the applicant. Committee of Adjustment Meeting 06 June 27, 2016 54

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 6 of 13 4. Building Permit Application Requirements The owners/applicant shall provide to the Building Division a copy of the approved archaeological assessment and the decision of the Committee of Adjustment, together with a copy of the approved drawings and archaeological assessment clearance letter from the Ministry of Tourism, Culture and Sport. The drawings submitted with the building permit application must, in the opinion of the City, conform to the general intent and description of the approved drawings, including any amendments and conditions approved by the Committee of Adjustment, as stated in the decision. Additional variances may be required should further zoning deficiencies be identified through the Building Permit application process. Committee of Adjustment Meeting 06 June 27, 2016 55

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 7 of 13 Authorizing Signatures: Chris Wicke, Senior Planner Consultation with the following Management of Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services Lanie Hurdle, Commissioner, Community Services Committee of Adjustment Meeting 06 June 27, 2016 56

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 8 of 13 Options/Discussion: The purpose of consent application D10-016-2016 is to sever an existing 721 square metre parcel of land with 20.12 metres of road frontage on Fergus Street into two separately conveyable lots. The retained parcel will be a 360 square metre parcel of land with 10.05 metres of road frontage on Fergus Street. The retained parcel will be identical in size and dimension with a 360 square metre parcel of land with 10.05 metres of road frontage on Fergus Street. Before severance, a semi-detached dwelling will be constructed on the original parcel, and the parcel will be divided along the common party wall. The purpose of minor variance application D13-020-2016 is to request a reduction in the minimum lot area requirement in the A5 zone of Zoning By-Law Number 8499 to recognize the reduced lot area from consent application (D10-016-2016). Approval of the variance will recognize the undersized lot area that will be created for both the severed and retained parcels. Site Characteristics Fergus Street is a local road which runs in a north-south direction from Concession Street to Third Avenue (Exhibit A). The subject property is located within the Kingscourt neighbourhood and is adjacent to single-detached dwellings to the north, south, east and west (Exhibit B). The Kingscourt neighbourhood is located in central Kingston and is generally bounded by Concession Street to the south, Division Street to the east, Leroy Grant Drive to the west and John Counter Boulevard to the south. It is an area characterized by post-war single-storey homes and an area currently being contemplated for addition to the Official Plan as a cultural heritage character area. The area has a total of 2,375 occupied dwellings, of which 995 (42%) are single detached and 170 (7.2%) are semi-detached. Nearby amenities include the Kingston Memorial Centre and the Memorial Centre Farmer s Market to the south, Third Avenue Park and Max Jackson Memorial Park to the west and north, and the Kingscourt branch of the Kingston Frontenac Public Library to the north. A new public elementary school is currently being constructed to the north on Lyons Street. Discussion A minor variance is not a mathematical calculation, but rather an assessment of whether the general intent of the Official Plan and zoning by-law are maintained. To do this, the impact of the variance on the surrounding land uses and the appropriateness of the development are considered. When reviewing applications for minor variance, the approval authority must be satisfied that each of the four tests of the Planning Act are met. The following provides this review: 1) The proposal shall be consistent with the Provincial Policy Statement (PPS) and the general intent and purpose of the Official Plan Provincial Policy Statement The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development which are complemented by local policies addressing local interests. The application being considered is site specific to accommodate a specific proposal and does not involve any major policy considerations. The proposal conforms to and is consistent with the PPS. Committee of Adjustment Meeting 06 June 27, 2016 57

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 9 of 13 Official Plan The subject property is designated Residential in the City of Kingston Official Plan. The goal of the Residential designation is to respond to the housing needs of the City s citizens by retaining and augmenting a broad range of housing within a safe, convenient and stable setting, organized primarily into neighbourhoods (Section 3.3). General residential policies for infill in the residential designation aim to minimize impacts on abutting properties and those within the surrounding neighbourhood by taking steps including ensuring land use compatibility, minimizing adverse effects, ensuring adequate services and manageable levels of vehicular traffic (Section 3.3.7). The impact of the proposal and the requested variance is deemed minor, and is therefore not subject to a zoning by-law amendment application process. In considering whether the proposal is desirable, the Committee of Adjustment will have regard to the requirements included within the Official Plan, specifically Section 9.5.19. The consent application being considered is site specific to accommodate the creation of a new lot for the future development of a semi-detached dwelling. The proposal meets the general intent of the Official Plan and specifically the intensification policies of the Plan as the proposed consent is located on a municipally accessed and serviced lot within a residential neighbourhood. Based on the City of Kingston archaeological potential mapping the property is in an area of further study required. Therefore an Archaeological Assessment, beginning with a Stage 1 Assessment is required as a condition of consent approval prior to any soil disturbance. A copy of the assessment(s) and any formal correspondence from the Ministry of Tourism, Culture and Sport is required to be submitted to Planning staff in accordance with By-Law Number 2006-132. 2) The general intent and purpose of the zoning by-law being varied is maintained The subject property is zoned A5 One Family Dwelling and Two Family Dwelling within Zoning By-Law Number 8499. The A5 zone permits residential uses including single-family and twofamily dwellings based on the minimum lot area requirements. It is currently possible to build a single detached dwelling on the site given the minimum lot area requirement of 465 metres squared for a single detached dwelling. The minimum lot area requirement for a semi-detached dwelling is 370 square metres. The proposed consent application will reduce both the severed and retained lot sizes to 360 square metres, which is approximately 10 square metres less than the required minimum lot area. The existing singledetached dwelling will be demolished prior to construction of the proposed semi-detached dwelling. Therefore, a variance is required to permit the proposed consent application. The intent of Section 11.3(e) minimum lot area, is to regulate the density of development and ensure properties are sized appropriately to accommodate the functional needs of permitted uses. A minimum lot area requirement per dwelling unit of 370 square metres has been established in this zone for semi-detached dwellings to ensure that sufficient parking and amenity areas are provided on each parcel. Committee of Adjustment Meeting 06 June 27, 2016 58

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 10 of 13 The dwellings along the western side of Fergus Street between Concession Street and Third Avenue vary in lot area from 282.9 square metres (18 Fergus) to 703 square metres (32 Fergus), the latter being the subject property. The dwellings along the eastern side of Fergus Street between Concession Street and Third Avenue vary in lot area from 347.4 square metres to 518 square metres. Cumulatively, for the properties on both sides of Fergus Street between Concession and Third Avenue, the average lot area is 390.9 square metres. The subject lot is the outlier on the block in terms of lot size, being considerably larger than the next largest lot on the block, which is 518 square metres. If the subject lot were to be subdivided, the average lot size for the entire block would be 374.6 square metres, with the proposed retained and severed lots being slightly smaller at 360 square metres. Therefore, the requested variance would permit lots that are in keeping with the general lot area for dwellings located on Fergus Street. The reduction in the minimum lot area requirement for the proposed retained and severed parcels is in keeping with the general intent and purpose of the zoning by-law. The variance will facilitate the consent, which will establish a second dwelling on a new lot. In closing, the proposal complies with all other provisions of the A5 Zone. 3) The variance is minor in nature The proposed variance will permit lots that are in keeping with the parcel fabric of the surrounding residential properties. The proposal will not have any adverse impacts on the traffic or on the abutting properties as both the proposed retained and severed parcels maintain sufficient area for parking and amenity uses on each lot. 4) The variance is desirable for the appropriate development or use of the land, building or structure The variances are considered desirable and appropriate given both the retained and severed parcels will be similar in lot area and density (each to be developed with a semi-detached dwelling) to other neighbouring properties developed in the surrounding neighbourhood. Each parcel will be accessed from Fergus Street. There are no other semi-detached dwellings on this block, but there are other existing semi-detached dwellings in the vicinity of the subject site on immediate streets including Kingscourt Avenue, First Avenue, and Nelson Avenue. Any issues identified regarding drainage and lot grading will be addressed through Plot Plan review as part of the Building Permit application process. Site servicing will be addressed as a condition of the consent before the lot can be severed. Technical Analysis Both the Minor Variance and Consent applications were circulated to external agencies and internal departments for review and comment. The following comments have been received. All comments and/or concerns have been addressed within the body of the report. Any comments received after the preparation of this report will be provided to the Committee prior to or at the meeting. Building Division: A demolition permit will be required for any buildings with building area over 10 square metres. A building permit will be required for the Committee of Adjustment Meeting 06 June 27, 2016 59

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 11 of 13 new building(s). Regarding Development Charges and Impost Fees, a credit is given for the single family dwelling demolished, but the new residential unit will be required to pay development charges and impost fees at time of building permit issuance. These charges and fees are calculated based on the number of dwelling units added. The Impost Fee for a new residential unit in a single or semidetached dwelling is currently $7,810.00. The Development Charge for a new residential unit in a single or semi-detached dwelling is currently $10,888.00. Parks Development: Cash-in-lieu for parkland is required at a fee of $1,834.19. Engineering Services: The applicant must ensure that changes in grading and drainage do not adversely affect any neighboring properties. An entrance permit will be required to modify the existing entrance. A road cut permit will be required to service the property. Utilities Kingston: Both the severed and retained portions shall require dedicated nonencroaching water, sanitary sewer and, if gas is required, gas services. We have no records to confirm the diameter, age, material or condition of the existing water service or the age, material, condition or location of the existing sanitary service to the existing house at civic number 32 Fergus Street. The information supplied with the current circulation does not indicate whether the applicant is proposing to reuse the existing services. If the applicant intends to use either of these services to serve either the severed or retained potion it shall be his responsibility to confirm that the service(s) to be retained is/are of adequate diameter and in suitable condition for the proposed use. If the existing services are to be abandoned, they shall be abandoned at the main at the time of demolition of the existing house. Irrespective of their potential suitability for re-use, unless a building permit for the proposed duplex has been issued prior to the demolition of the existing house, any existing services shall be abandoned at the main at the time of demolition. All costs associated with the abandonment of existing services and the installation of new services shall be the responsibility of the applicant. Please provide, for Utilities Kingston's review and comment, a Site Servicing Plan showing all existing and any proposed servicing. Where services are to be abandoned, please ensure that a note Committee of Adjustment Meeting 06 June 27, 2016 60

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 12 of 13 describing the required abandonment is included on the face of the plan. Heritage: There are no concerns from a built heritage resource perspective with the proposal. The subject property is not within or adjacent to a property on the City's Heritage Properties Register, or within or adjacent to a property that's been identified as having potential cultural heritage value or interest on the City's "Master List". This property is located in an area that has been identified in the City of Kingston s Archaeological Master Plan as having Composite Archaeological Potential. A minimum Stage 1 Archaeological Assessment is required, prior to any soil disturbance. A copy of the assessment and any correspondence with the Ministry of Tourism, Culture and Sport is required to be submitted to City Planning staff. Public Comments As of the time of the finalization of this report, no input has been received with respect to this application. Previous Applications There are no other current or previous planning applications on the subject property. Conclusion The application for consent to create a new lot is considered to be consistent with the general purpose and intent of both the City of Kingston Official Plan and Zoning By-Law Number 8499 and as such is recommended subject to the proposed conditions for approval. The requested minor variances are considered to be consistent with the general purpose and general intent of both the City of Kingston Official Plan and Zoning By-Law Number 8499. The requested variances meet all four tests under the Planning Act, and as such the application is being recommended for approval, subject to the proposed conditions. Approval of the consent and variance for lot area will allow the owners to develop a new semi-detached dwelling on the existing lot and then sever the lot along the common party wall. The proposed development will not set an undesired precedent for the immediate area. Existing Policy/By-Law: The proposed applications were reviewed against the policies of the Province of Ontario and City of Kingston to ensure that the changes would be consistent with the Province s and the City s vision of development. The following documents were assessed: Provincial Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number 8499 Committee of Adjustment Meeting 06 June 27, 2016 61

Report to Committee of Adjustment Report Numbers COA-16-020 June 27, 2016 Page 13 of 13 Notice Provisions: A Committee of Adjustment meeting is going to be held respecting this application on June 27, 2016. Pursuant to the requirements of the Planning Act, a notice of the statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 14 days in advance of the meeting. In addition, notices were sent by mail to a total number of forty seven property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in the local newspaper. If the application is approved, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services 613-546-4291 extension 3252 Stacey Forfar, Manager, Development Approvals 613-546-4291 extension 3253 Chris Wicke, Senior Planner 613-546-4291 extension 3242 Other City of Kingston Staff Consulted: The application was circulated to the relevant internal departments and external agencies for review and comment. The responses to the technical circulation have been addressed in the technical review and included within this report. Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Key Map Neighbourhood Context Public Notice Notification Map Site Plan Elevation and Floor Plans Site Photos Committee of Adjustment Meeting 06 June 27, 2016 62

Exhibit A 438 436 432 430 428 424 422 420 416 414 410 408 406 404 437 435 85 84 82 KINGSCOURT AVE 81 79 75 73 69 65 63 59 55 53 49 FIRST AVE 82 80 76 74 70 66 64 60 58 54 50 CONTEXT MAP 21 19 17 20 18 16 22 BATH RD FERGUS ST PALACE RD 45 33 31 27 43 39 37 1 13 9 7 601 11 5 3 599 595 591 6 4 14 12 10 8 2 589 DUNKIRK AVE CONCESSION ST VICTORIA ST PRINCESS ST KINGSCOURT AVE KIRKPATRICK ST JOHNSON ST PINE ST ALFRED ST DIVISION ST 23 RAILWAY ST STEPHEN ST YORK ST 21 BROCK ST MONTREAL ST 17 ORDNANCE ST QUEEN ST ALFRED ST 605 583 581 577 573 569 392 390 388 384 382 380 378 374 NELSON ST 395 389 387 383 379 377 375 371 373 365 361 86 84 82 36 34 32 28 26 24 20 18 16 14 12 39 70 37 35 33 31 27 25 23 19 17 13 11 62 36 42 34 32 26 24 20 18 16 14 10 41 39 37 33 31 29 25 23 21 17 11 42 40 36 34 30 26 24 20 16 14 4 GREY ST 41 39 35 31 29 25 23 19 77 540 360 95 89 359 5 3 141 137 127 129 119 117 1 113 125 CONCESSION ST 103 101 99 170 350 348 ALFRED ST 344 340 330 Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 6/8/2016 COMMITTEE OF ADJUSTMENT KEY MAP Applicant: Mac Gervan Owner: Wellington Gene Loney & Kimberley Sherry Redmond File Number: D10-016-2016/D13-020-2016 Address: 32 Fergus Street 0 10 20 30 40 Metres 1:2,000 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document. 20 The Corporation of the City of Kingston. LEGEND Lands to be Severed Lands to be Retained Committee of Adjustment Meeting 06 June 27, 2016 63 E

Exhibit B 438 436 432 430 428 424 422 420 437 435 84 82 81 79 75 73 69 65 63 82 80 76 74 70 66 64 21 22 19 20 17 18 605 1 13 9 7 601 11 5 3 DUNKIRK AVE 16 14 12 10 599 595 591 6 4 8 2 414 410 408 406 404 85 KIN GS COU RT AVE 59 55 53 49 FI RST AVE 60 58 54 50 FER G US S T 45 43 39 37 33 31 27 23 21 17 ALF RE D ST 392 390 388 384 382 380 378 374 NE LS ON S T 395 389 387 383 379 377 375 371 373 365 361 86 84 82 36 34 32 28 26 24 20 18 16 14 12 39 70 37 35 33 31 27 25 23 19 17 13 11 62 36 42 34 32 26 24 20 18 16 14 10 41 39 37 33 31 29 25 23 21 17 11 42 40 36 34 30 26 24 20 16 14 4 GREY ST 41 39 35 31 29 25 23 19 77 540 95 89 359 5 3 141 137 127 129 125 119 117 1 113 CO NC ES SIO N ST 103 101 99 350 348 344 340 330 Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 6/8/2016 COMMITTEE OF ADJUSTMENT NEIGHBOURHOOD CONTEXT (20) Applicant: Mac Gervan Owner: Wellington Gene Loney & Kimberley Sherry Redmond File Number: D10-016-2016/D13-020-2016 Address: 32 Fergus Street 0 10 20 30 40 Metres 1:2,000 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document. 20 The Corporation of the City of Kingston. LEGEND Subject Property Property Boundaries Committee of Adjustment Meeting 06 June 27, 2016 64 E

Exhibit C 440 438 436 432 430 428 424 422 420 437 435 84 82 85 81 79 75 73 69 65 63 82 80 76 74 70 66 64 21 22 19 20 17 18 609 605 1 13 9 7 601 11 5 3 599 595 591 6 4 14 12 10 8 2 16 DUNKIRK AVE 414 410 408 406 404 85 KINGSCOURT AVE 59 55 53 49 FIRST AVE 60 58 54 50 FERGUS ST 45 43 39 37 33 31 27 23 21 17 ALFRED ST 392 390 388 384 382 380 378 374 NELSON ST 395 389 387 383 379 377 375 371 373 365 361 86 84 82 36 34 32 28 26 24 20 18 16 14 12 39 70 37 35 33 31 27 25 23 19 17 13 11 62 36 42 34 32 26 24 20 18 16 14 10 41 39 37 33 31 29 25 23 21 17 11 42 40 36 34 30 26 24 20 16 14 4 GREY ST 41 39 35 31 29 25 23 19 77 540 95 89 359 5 3 141 137 127 129 119 117 123 CONCESSION ST 1 113 103 101 99 350 348 344 340 ALFRED ST Planning, Building & Licensing Services a department of Community Services COMMITTEE OF ADJUSTMENT PUBLIC NOTICE NOTIFICATION MAP Applicant: Mac Gervan Owner: Wellington Gene Loney & Kimberley Sherry Redmond File Number: D10-016-2016/D13-020-2016 Address: 32 Fergus Street LEGEND Subject Property 60m Public Notice Boundary Property Boundaries 47 Properties in Receipt of Notice E PREPARED BY: K. Cruz DATE: 6/8/2016 0 10 20 30 40 Metres 1:2,000 Committee of Adjustment Meeting 06 June 27, 2016 65 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document. 20 The Corporation of the City of Kingston.

Exhibit D Contents: A-1 General Notes Perspective A-2 Site Plan A-3 Foundation plan A-4 Plan Lower Floor A-5 Plan Upper Floor A-6 Elevations A-7 Elevations 1.20 AGGREGATE SIDE YARD 3.04m. REQUIRED SETBACKS EXISTING LOT LINE 35.05 20.12 E A S E M E N T ( H Y D R O ) N 6.00 REAR YARD.11 PROPOSED LOT SEVERANCE LINE 1.20 1.52 17.07 1.52 35.05 SPLIT LEVEL SINGLE FAMILY DWELLING 10.49 1.42 8.03 GARAGE GARAGE SPLIT LEVEL SINGLE FAMILY DWELLING 2.86 2.86 DRIVEWAY DRIVEWAY FRONT YARD 7.50 20.12 10.06 10.05 F U R G U S S T R E E T Revisions: Project: Mac GERVAN & ASSOCIATES Ltd. Residential and Commercial Design Services Consulting and Project Management phone 546-5097 fax 546-6249 e-mail mac@gervan.ca Company BCIN # 33630 Mac Gervan BCIN# 21054 32 FERGUS STREET KINGSTON, ON NEW DUPLEX Drawing: Site Plan Date: TWO NEW LOTS - 351.5 m² EACH WITH ADJOINING SINGLE FAMILY DWELLINGS. 32 FERGUS STREET CITY OF KINGSTON PLAN 162, LOTS 401 AND 402 PT; LANE RESTRICTED ZONING BY-LAW 8499 ZONE A5, MAP 19 Scale: APR 23, 2016 1 : 125 PARCEL ID 16729 PARCEL # 101105010003400 Drawn By: MG/GF LOT AREA 703 m² (66' x 1') File: FERGUS ST DUPLEX printed 11/05/2016 Committee of Adjustment Meeting 06 June 27, 2016 66 Drawing #: A-2

Exhibit E Contents: A-1 General Notes Perspective A-2 Site Plan A-3 Foundation plan A-4 Plan Lower Floor A-5 Plan Upper Floor A-6 Elevations A-7 Elevations Revisions: Mac GERVAN & ASSOCIATES Ltd. Residential and Commercial Design Services Consulting and Project Management phone 546-5097 fax 546-6249 e-mail mac@gervan.ca Company BCIN # 33630 Mac Gervan BCIN# 21054 Project: 32 FERGUS STREET KINGSTON, ON NEW DUPLEX Drawing: General Notes Perspective Date: Scale: APR 23, 2016 PRELIMINARY Drawn By: File: FERGUS ST DUPLEX printed 19/05/2016 Committee of Adjustment Meeting 06 June 27, 2016 67 MG/GF Drawing #: A-1

Exhibit E Contents: A-1 General Notes Perspective A-2 Site Plan A-3 Foundation plan A-4 Plan Lower Floor A-5 Plan Upper Floor A-6 Elevations A-7 Elevations 1.20 1.20 AGGREGATE SIDE YARD 3.04m. REQUIRED SETBACKS EXISTING LOT LINE 35.97 20.12 E A S E M E N T ( B E L L ) N PROPOSED LOT SEVERANCE LINE 17.07 1.52 SPLIT LEVEL SINGLE FAMILY DWELLING 10.49 1.42 8.03 GARAGE DRIVEWAY GARAGE DRIVEWAY 2.86 20.12 10.06 F U R G U S S T R E E T Revisions: Project: Mac GERVAN & ASSOCIATES Ltd. Residential and Commercial Design Services Consulting and Project Management phone 546-5097 fax 546-6249 e-mail mac@gervan.ca Company BCIN # 33630 Mac Gervan BCIN# 21054 16.02 10.05 32 FERGUS STREET KINGSTON, ON SPLIT LEVEL SINGLE FAMILY DWELLING NEW DUPLEX 6.91 REAR YARD 2.86 FRONT YARD 7.50 Drawing: Site Plan 1.20 1.52 35.97 Date: TWO NEW LOTS - 361.5 m² EACH WITH ADJOINING SINGLE FAMILY DWELLINGS. 32 FERGUS STREET CITY OF KINGSTON PLAN 162, LOTS 401 AND 402 PT; LANE RESTRICTED ZONING BY-LAW 8499 ZONE A5, MAP 19 Scale: APR 23, 2016 1 : 125 PRELIMINARY PARCEL ID 16729 PARCEL # 101105010003400 LOT AREA 723 m² (66' x 118') Drawn By: File: FERGUS ST DUPLEX printed 19/05/2016 Committee of Adjustment Meeting 06 June 27, 2016 68 MG/GF Drawing #: A-2

Exhibit E Contents: A-1 A-2 General Notes Site Plan A-3 Foundation plan A-4 Plan Lower Floor A-5 Plan Upper Floor A-6 Elevations A-7 Elevations Perspective Revisions: 4'-8" 34'-5" 14'-7" 8' 10'-6" WH S S 8" 8" 20'-1" 17'-8" 34'-5" Mac GERVAN & ASSOCIATES Ltd. Residential and Commercial Design Services Consulting and Project Management phone 546-5097 fax 546-6249 e-mail mac@gervan.ca Company BCIN#33630 MacGervan BCIN#21054 Project: 32 FERGUS STREET KINGSTON, ON NEW DUPLEX Drawing: Foundation plan Date: APR 23, 2016 PRELIMINARY 11'-71/2" 11'-71/2" S S 3/16 " = 1' - 0" 18'-71/2" 18'-71/2" Scale: Drawn By: File: FERGUS ST DUPLEX printed 19/05/2016 Committee of Adjustment Meeting 06 June 27, 2016 69 MG/GF Drawing#: A-3

Exhibit E 56' A-1 A-2 General Notes Site Plan 28' 28' A-3 Foundation plan A-4 Plan Lower Floor A-5 Plan Upper Floor A-6 Elevations 4'-9" 16' 7'-3" 7'-3" 16' A-7 Elevations Contents: Perspective Revisions: PRELIMINARY 4'-8" 34'-5" 10'-8" 16'-9" 7' 14'-7" 8' 10'-6" WH CLOSET BEDROOM 13'-8" 2' 3'-1" 8'-8" BEDROOM 3'-5" CLOSET HALL 8'-2" 3'-2" 3'-2" MECH / LAUNDRY FAMILY UP S S CLS 1'-8" BATH 11'-7 1/2" 11'-7 1/2" 11'-71/2" 5' 18'-71/2" 18'-71/2" 5' 5'-6" 11'-6" 11'-71/2" S S 8" 8" 20'-1" 17'-8" UP 10'-8" 16'-9" 7' 34'-5" Mac GERVAN & ASSOCIATES Ltd. Residential and Commercial Design Services Consulting and Project Management phone 546-5097 fax 546-6249 e-mail mac@gervan.ca Company BCIN#33630 MacGervan BCIN#21054 Project: 32 FERGUS STREET KINGSTON, ON NEW DUPLEX Drawing: Plan Lower Floor Date: Scale: Drawn By: File: FERGUS ST DUPLEX printed 19/05/2016 Committee of Adjustment Meeting 06 June 27, 2016 70 APR 23, 2016 3/16"= 1'-0" MG/GF Drawing#: A-4

28' 28' Contents: Exhibit E A-1 A-2 General Notes Site Plan A-3 Foundation plan A-4 Plan Lower Floor A-5 Plan Upper Floor A-6 Elevations A-7 Elevations Perspective 8'-9" 8' 8' 8'-9" DN DN 34'-5" 4' 11' 7' DECK 4'-9" 7' 9' LIVING / DINING 5'-2" MASTER BDRM 7'-3" 7'-3" 4' 5'-2" W13a 1HR, STC 57 2 rows 2x4 @ 24" o.c. on separate plates, gap 1", batt insul both sides, 5/8" type X drywall. MASTER BDRM DECK 5' 7' 11' 7' 34'-5" 4' Revisions: Mac GERVAN 9'-3" 3'-10 3/4" 3'-10 3/4" 9'-3" & ASSOCIATES Ltd. ENSUITE CLOSET 5' CLOSET ENSUITE LIVING / DINING Residential and Commercial Design Services Consulting and Project Management phone 546-5097 fax 546-6249 e-mail mac@gervan.ca Company BCIN # 33630 Mac Gervan BCIN# 21054 REF. 8'-11" KITCHEN 4'-4" 3' 4'-6" 3'-11" 4'-7" 2' 7' 11'-7 1/2" 11'-7 1/2" 7' 8'-11" Project: 3'-2" 3'-2" D/W 4" CLOSET 16 rises @ 6 11/16 x 10" treads. 10'-10" DN UP GARAGE GARAGE UP DN 2' FOYER FOYER 32 FERGUS STREET 3'-2" 3'-2" KINGSTON, ON 4'-4" 2'-9" 3'-6" KITCHEN Drawing: -67" -75" ELEV ELEV Date: NEW DUPLEX Plan Upper Floor APR 23, 2016 Scale: PRELIMINARY CEILING OF CLOSET TO SUIT HEIGHT OF CABINET COUNTERTOP OVER. 5' 8' PORCH 7'-2" -70" ELEV 1'-10" 8' 1'-7 1/2" 1'-7 1/2" 8' 1'-10" PORCH 7'-2" 8' 5' Drawn By: File: FERGUS ST DUPLEX printed 19/05/2016 Committee of Adjustment Meeting 06 June 27, 2016 71 3/16" = 1' -0" MG/GF Drawing #: A-5

Exhibit E Contents: A-1 A-2 General Notes Site Plan A-3 Foundation plan A-4 Plan Lower Floor A-5 Plan Upper Floor A-6 Elevations A-7 Elevations Perspective Revisions: S O U T H E L E V A T I O N Mac GERVAN & ASSOCIATES Ltd. Residential and Commercial Design Services Consulting and Project Management phone 546-5097 fax 546-6249 e-mail mac@gervan.ca Company BCIN#33630 MacGervan BCIN#21054 Project: 32 FERGUS STREET KINGSTON, ON NEW DUPLEX Drawing: Elevations Date: APR 23, 2016 Scale: 3/16 " = 1' - 0" PRELIMINARY E A S T E L E V A T I O N Drawn By: File: FERGUS ST DUPLEX printed 19/05/2016 Committee of Adjustment Meeting 06 June 27, 2016 72 MG/GF Drawing#: A-6

Exhibit E Contents: A-1 A-2 General Notes Site Plan A-3 Foundation plan A-4 Plan Lower Floor A-5 Plan Upper Floor A-6 Elevations A-7 Elevations Perspective Revisions: N O R T H E L E V A T I O N Mac GERVAN & ASSOCIATES Ltd. Residential and Commercial Design Services Consulting and Project Management phone 546-5097 fax 546-6249 e-mail mac@gervan.ca Company BCIN#33630 MacGervan BCIN#21054 Project: 7.48 m 32 FERGUS STREET KINGSTON, ON NEW DUPLEX Drawing: Elevations Date: APR 23, 2016 Scale: 3/16 " = 1' - 0" PRELIMINARY W E S T E L E V A T I O N Drawn By: File: FERGUS ST DUPLEX printed 19/05/2016 Committee of Adjustment Meeting 06 June 27, 2016 73 MG/GF Drawing#: A-7

Exhibit F Committee of Adjustment Meeting 06 June 27, 2016 74

Exhibit F Committee of Adjustment Meeting 06 June 27, 2016 75

Exhibit F Committee of Adjustment Meeting 06 June 27, 2016 76