Committee of Adjustment

Committee Minutes

Tuesday, October 15, 2024 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• D. Pateman, Chair
• S. Hannah, Member
• B. Santos, Member
• B. McColl, Member
• M. Gambetti, Member

Staff:

• T. Malone-Wright, Manager, Development Approvals
• D. Seller, Transportation Services
• M. Mills, Committee Coordinator
• C. Owen, Administrative Clerk

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1.

COMMENCEMENT

The Committee of Adjustment met this date commencing at 10:00 a.m.

2.

MINUTES

Moved by B. McColl

Seconded by M. Gambetti 

• "That the regular minutes of the Committee of Adjustment meeting held September 17, 2024, as circulated to the members, be accepted."

  Carried

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

There were no conflicts declared.

4.

APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT

5.

NEW BUSINESS

5.1

A 2024-080 - 92 River Road East, DSD-2024-455

Submission No.: A 2024-080
Applicant: SSB Developments Ltd. c/o Steve Bacic
Property Location: 92 River Road East
Legal Description: Part Lot 42, Plan 764

Appearances:

In Support:

A. Head

S. & S. Bacic

Contra:

None

Written Submissions:

R. Heimpel

The Committee was advised the applicant requested permission to permit no pedestrian entrance on the front façade of the principal building whereas the Zoning By-law requires 1 pedestrian entrance for a building having 5 to 10 dwelling units; the parking lot to be setback 0.15m from the rear lot line and 0.5m from the southerly side lot line rather than the minimum required 1.5m; a lot width of 19.47m rather than the required 30.0m; and, an easterly side yard setback of 3.0m rather than the minimum required 4.5m to facilitate the development of a 3-storey multiple dwelling having 10 dwelling units.

The Committee considered Development Services Department report DSD-2024-455, dated October 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

A. Head, Dryden, Smith & Head Planning Consultants was in attendance in support of the staff recommendation.

In response to questions from the Committee, A. Head noted consultation was held with the adjacent property regarding acquisition of their property in order to facilitate the development, however the property owner did not agree on the evaluation of their property thus, the applicant was not able to purchase the property and has opted to pursue the proposed development on one lot.

In response to questions from the Committee, T. Malone-Wright noted Staff support approval of the requested variances as it facilitates an appropriate lot size for the proposed form of development.

S. Hannah advised he would not be voting in support of the application, noting the application does not meet the intent of the zoning by-law as the proposed lot width is inappropriate for a property in the RES-6 area.

The following motion was then voted on and was Carried, with D. Pateman, B. McColl, B. Santos and M. Gambetti voting in favour; and, S. Hannah voting in opposition. 

Moved by B. McColl

Seconded by M. Gambetti 

• That the application of SSB DEVELOPMENTS LTD. (STEVE BACIC) requesting minor variances to permit no pedestrian entrance on the front façade of the principal building whereas the Zoning By-law requires 1 pedestrian entrance for a building having 5 to 10 dwelling units; the parking lot to be setback 0.15m from the rear lot line and 0.5m from the southerly side lot line rather than the minimum required 1.5m; a lot width of 19.4m rather than the required 30.0m; and, an easterly side yard setback of 3.0m rather than the minimum required 4.5m to facilitate the development of a 3-storey multiple dwelling having 10 dwelling units, generally in accordance with drawings prepared by Dryden, Smith and Head, dated August 30, 2024, on Part Lot 42, Plan 764, 92 River Road East, 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

5.2

A 2024-081 - 236 Margaret Avenue, DSD-2024-437

Submission No.: A 2024-081
Applicant: Margaret-Benton Properties (Kitchener) Ltd. c/o Stephen Litt
Property Location: 236 Margaret Avenue
Legal Description: Part Lot 39, Part Laneway, Plan 749, and Part 7, Reference Plan 58R-3772

Appearances:

In Support:

R. McIntyre

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit 7 parking spaces including 2 visitor parking spaces (0.43 parking spaces per dwelling unit) rather than the required 17 parking spaces including 3 visitor parking spaces (1.15 parking spaces per dwelling unit) to facilitate the renovation of the existing 2-storey building with 14 dwelling units.

The Committee considered Development Services Department report DSD-2024-437, dated October 2, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

R. McIntyre, MHBC Planning was in attendance in support of the staff recommendation.

The following motion was then voted and was Carried, on with S. Hannah, B. McColl, B. Santos and M. Gambetti voting in favour; and, D. Pateman voting in opposition. 

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of MARGARET-BENTON PROPERTIES (KITCHENER) LTD. requesting a minor variance to permit 7 parking spaces including 2 visitor parking spaces (0.43 parking spaces per dwelling unit) rather than the required 17 parking spaces including 3 visitor parking spaces (1.15 parking spaces per dwelling unit) to facilitate the renovation of the existing 2-storey building with 14 dwelling units, generally in accordance with drawings prepared by Margaret-Benton Properties (Kitchener) Ltd., submitted with minor variance application A 2024-081, on Part Lot 39, Part Laneway, Plan 749, and Part 7, Reference Plan 58R-3772, 236 Margaret Avenue, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

  1. The variance requested in this application is minor.
  2. This application is desirable for the appropriate development of the property.
  3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property.

  Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

  Carried

5.3

A 2024-082 - 685 Frederick Street, DSD-2024-446

Submission No.: A 2024-082
Applicants: Waseem Chaudhry & Rabia Waseem
Property Location: 685 Frederick Street
Legal Description: Lot 1, Plan 787

Appearances:

In Support:

M. Syed

W. Chaudhry

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit an unobstructed walkway to have a width of 1.0m rather than the required 1.1m; and a westerly side yard setback of 1.0m rather than the required 1.2m to recognize the location of the existing building and to facilitate the development of an Additional Dwelling Unit (ADU)(Attached).

The Committee considered Development Services Department report DSD-2024-446, dated October 2, 2024, recommending refusal as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

M. Syed, Mechways Inc. was in attendance in opposition of the staff recommendation noting the Building Department approved the construction of the existing ADU in the rear yard and issued a closing letter. Following the issuance of the closing letter, there was a change in property ownership and the current property owner wishes to construct a third ADU within the primary dwelling. M. Syed advised the City denied a permit for a third ADU advising the closing letter for the existing ADU was issued in error as the requirement for a 1.1m unobstructed walkway as approved by the Committee of Adjustment in 2023 was not fulfilled. As such, the applicant is requesting minor variances to recognize the existing ADU having a side yard setback of 1.0m which was approved through the Building permit closing letter. M. Syed advised there are no window wall projections in the side yard and there is still a 3.059 feet access to the rear yard. M. Syed also stated the proposed ADU does not require access from the side yard to the rear yard, only from the front façade. Lastly, M. Syed noted the previous property owners made an error in the construction of the second ADU and further the City made an error in issuing a letter of compliance thus, the applicant and current property owner is only seeking to rectify these errors.

In response to questions from the Committee, T. Malone-Wright clarified the previous minor variance application approved by the Committee permitted a reduced easterly side yard setback of 1.0m in order to legalize the existing single detached dwelling. This was to allow for the construction of an ADU (Detached) in the rear yard of the subject property. Further, the existing attached garage was supposed to demolished and rebuilt to meet the required 1.2m side yard setback and to allow for an unobstructed 1.1m walkway on the west side of the property however this was not completed. T. Malone-Wright noted a building permit application was submitted for the conversion of the primary building into a duplex, and was approved however, Building Staff were unaware of the requirement for a 1.1m walkway.

In response to questions from the Committee, M. Syed advised a zoning occupancy certificate was issued for the existing ADU and the ADU is currently being rented. Further, M. Syed noted the applicant is willing to construct a walkway and remove an illegal parking space located in the front yard if the Committee wishes to approve the application subject to these requirements.

D. Pateman noted he is in support of refusal of the application as the property is overdeveloped and is not a good use of the land. B. Santos also noted he is in support of refusal of the application as several aspects of the development at the subject property do meet zoning regulations and there was a lack of compliance with the Committee's previous approvals.

A motion to refuse the minor variances was brought forward by M. Gambetti and seconded by B. Santos. The motion was voted on and was LOST with D. Pateman and B. Santos voting in favour; and, S. Hannah, M. Gambetti and B. McColl voting in opposition. 

It was noted, due to the refusal motion being voted and LOST, Minor Variance Application A 2024-082 outlined in Development Services Department report DSD-2024-446 has effectively been approved.

Moved by M. Gambetti

Seconded by B. Santos 

• That the application of RABIA WASEEM and WASEEM HUSSAIN CHAUDHRY requesting minor variances to permit an unobstructed walkway to have a width of 1.0m rather than the required 1.1m; and a westerly side yard setback of 1.0m rather than the required 1.2m to recognize the location of the existing building and to facilitate the development of an Additional Dwelling Unit (ADU)(Detached and Attached), generally in accordance with drawings prepared by Mechways Inc., submitted with minor variance application A 2024-082, on Lot 1, Plan 787, 685 Frederick Street, Kitchener, Ontario, BE APPROVED.

   

  It is the opinion of this Committee that:

  1. The variances requested in this application are minor.
  2. This application is desirable for the appropriate development of the property.
  3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property.

  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

5.4

A 2024-083 - 361 Westmeadow Drive, DSD-2024-462

Submission No.: A 2024-083
Applicants: Siamak Samimi & Anisa Samimi
Property Location: 361 Westmeadow Drive
Legal Description: Lot 4, Plan 58M-404

Appearances:

In Support:

J. Hawkins

S. Samimi

D. Rundle

Contra:

None

Written Submissions:

B. Alexander

The Committee was advised the applicant requested permission to permit a pool in the front yard, whereas the Zoning By-law only permits a pool in the interior, exterior or rear yards, to facilitate the installation of a pool on an irregularly shaped property.

The Committee considered Development Services Department report DSD-2024-462, dated October 9, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

J. Hawkins, KW Fibreglass Pools was in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by S. Hannah 

• That the application of ANISA SAMIMI and SIAMAK SAMIMI requesting a minor variance to permit a pool in the front yard, whereas the Zoning By-law only permits a pool in the interior, exterior or rear yards, to facilitate the installation of a pool on an irregularly shaped property, generally in accordance with drawings prepared by Jeff Hawkins, dated September 17, 2024, on Lot 4, Plan 58M-404, 361 Westmeadow Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

  1. The variance requested in this application is minor.
  2. This application is desirable for the appropriate development of the property.
  3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property.

  Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

  Carried

5.5

A 2024-084 - 18 Pine Street, DSD-2024-451

Submission No.: A 2024-084
Applicant: Grand River Hospital Foundation c/o Paul McIntyre Royston
Property Location: 18 Pine Street
Legal Description: Lots 321, 322 and 323, Plan 385

Appearances:

In Support:

J. Henry

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a canopy to project 3.3m into the front yard rather than the maximum permitted 1.8m and for the canopy to be supported by the ground whereas the Zoning By-law requires a canopy in the front yard not to be supported by the ground; and having steps and access ramps that exceed 0.6m in height to be located 1.2m from the street line rather than the required 3.0m; having a minimum landscaped area of 23% rather than the required 30%; and, a rear landscaped area of 23% rather than the required 40% to facilitate an internal renovation for health clinic and pharmacy uses.

The Committee considered Development Services Department report DSD-2024-451, dated September 25, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

J. Henry, Arcadis Professional Services (Canada) Inc. was in attendance in support of the staff recommendation.

Moved by B. Santos

Seconded by M. Gambetti

• That the application of the GRAND RIVER HOSPITAL FOUNDATION requesting minor variances to permit a canopy to project 3.3m into the front yard rather than the maximum permitted 1.8m and for the canopy to be supported by the ground whereas the Zoning By-law requires a canopy in the front yard not to be supported by the ground; and having steps and access ramps that exceed 0.6m in height to be located 1.2m from the street line rather than the required 3.0m; having a minimum landscaped area of 23% rather than the required 30%; and, a rear landscaped area of 23% rather than the required 40% to facilitate an internal renovation for health clinic and pharmacy uses, generally in accordance with conditionally approved site plan application SP24/068/P/AA, on Lots 321, 322 and 323, Plan 385, 18 Pine Street, Kitchener, Ontario, BE APPROVED.

  These minor variances to Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2024-065 comes into force and effect, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force and effect as of the final date of this decision.

   

  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

5.6

A 2024-085 - 62 Gage Avenue, DSD-2024-454

Submission No.: A 2024-085
Applicant: Scenic Developments Inc c/o Jon Crummer
Property Location: 62 Gage Avenue
Legal Description: Part Lot 20, Plan 402, Part Pt 1, Registered Plan 58R-12573

Appearances:

In Support:

J. Crummer

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a front yard setback of 2.89m rather than the required 9.0m; and, to permit an unenclosed front porch to be located 1.8m from a street line rather than the minimum required 3.0m to facilitate the construction of a semi-detached dwelling.

The Committee considered Development Services Department report DSD-2024-454, dated October 2, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

The Committee considered the report of the Canadian National Railway Company dated September 30, 2024, recommending conditions as outlined in the report.

J. Crummer, Scenic Developments Inc. was in attendance in support of the staff recommendation.

T. Malone-Wright advised the Committee of a correction to the staff recommendation requiring the property owner to prepare and implement a Tree Preservation/Enhancement Plan prior to the issuance of a Demolition and/or Building Permit. T. Malone-Wright explained it is not possible for a Tree Preservation/Enhancement Plan to be fulfilled prior to demolition thus requested the Committee omit the statement "prior to the issuance of a Demolition and/or Building Permit" in condition 1 of the staff recommendation outlined in Development Services Department report, DSD-2024-454.

S. Hannah brought forward a motion to approve the staff recommendation as outlined in DSD-2024-454 including an amendment to remove "prior to the issuance of a Demolition and/or Building Permit" outlined in condition 1. The following motion as amended was then voted on and was Carried, with S. Hannah, D. Pateman, B. McColl, M. Gambetti voting in favour; and, B. Santos voting in opposition. 

Moved by S. Hannah 

Seconded by M. Gambetti 

• That the application of SCENIC DEVELOPMENTS INC requesting minor variances to permit a front yard setback of 2.89m rather than the required 9.0m; and, to permit an unenclosed front porch to be located 1.8m from a street line rather than the minimum required 3.0m to facilitate the construction of a semi-detached dwelling, on Part Lot 20, Plan 402; being Part 1 on Reference Plan 58R-12573, 62 Gage Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. a) That the property owner shall prepare a Tree Preservation/Enhancement Plan, an Arborist Report and ISA valuation of trees on City lands and the subject lands in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Director of Parks & Cemeteries and the City’s Manager, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area, and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures.
  2. b) That the property owner shall implement the approved Tree Preservation/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 of Parks & Cemeteries and the City’s Manager, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Parks & Cemeteries and the City’s Manager, Site Plans.

  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

5.7

A 2024-086 - 1295 Bleams Road, DSD-2024-438

Submission No.: A 2024-086
Applicant: B & R Tower (Bleams) Ltd. c/o Al Allendorf
Property Location: 1295 Bleams Road
Legal Description: Part Lot 1, RCP 1471, Parts 1 to 10 and 13, Registered Plan 58R-21067 

Appearances:

In Support:

A. Allendorf

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a front yard setback of 11.8m rather than the maximum permitted 7.5m, to facilitate the development of a 13-storey apartment building having 202 dwelling units in accordance with Site Plan Application SP23/015/F/AP.

The Committee considered Development Services Department report DSD-2024-438, dated September 30, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

A. Allendorf, B & R Tower (Bleams) Ltd. was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by B. Santos

• That the application of B & R TOWER (BLEAMS) LTD requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback of 11.8m rather than the maximum permitted 7.5m, to facilitate the development of a 13-storey apartment building having 202 dwelling units in accordance with conditionally approved site plan application SP23/015/F/AP, on Part Lot 1, Registered Complied Plan 1471; being Parts 1 to 10 and 13 on Reference Plan 58R-21067, 1295 Bleams Road, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

  1. The variance requested in this application is minor.
  2. This application is desirable for the appropriate development of the property.
  3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property.

  Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

  Carried

5.8

B 2024-026 & A 2024-087 - 211 Lancaster Street West, DSD-2024-436

Submission No.: B 2024-026 & A 2024-087
Applicants: Kiros Tsige & Fiyori Weldegebrial
Property Location: 211 Lancaster Street West
Legal Description: Lot 193, Plan 318, Closed Streets and Lanes, Part Lot 152

Appearances:

In Support:

O. Rmmo

K. Tsige

Contra:

None

Written Submissions:

S. Powell

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.9m, a depth of 36.5m and an area of 292 sq.m. The retained land will have a width of 10.9m, a depth of 36.5m and an area of 399 sq.m. Minor variances are also being requested for the retained land to permit a lot width of 7.9m rather than the required 9.0m; and a parking space within the existing garage to have a width of 2.78m rather than the required 3.0m. The existing dwelling is proposed to be retained and a new dwelling is proposed to be constructed on the severed land.

The Committee considered Development Services Department report DSD-2024-436, dated September 30, 2024, recommending refusal as outlined in the report.

The Committee considered the reports of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

O. Rmmo, Isoline Architects Inc. was in attendance in opposition of the staff recommendation noting 75 Lancaster Street West has a frontage of 6.8m which is smaller than the requested lot width of 7.9m at the subject property thus, the lot size request is not unreasonable.

D. Pateman noted there are several built forms on Lancaster Street West thus the minor variance requests of the subject application are not unreasonable. D. Pateman further noted he believes the application meets the intent of the Zoning by-law.

S. Hannah noted he is in favour of the application being refused there are several alternative built form the applicant could consider to comply with the minimum lot size requirement. B. McColl expressed agreement stating the owner can create an alternative development plan that is compatible with the existing neighborhood characteristics. M. Gambetti and B. Santos advised they would also be voting in favour of the application being refused for the same reasons previously stated by the Committee members.

A motion to refuse the minor variance and consent application was brought forward by M. Gambetti and seconded by S. Hannah. The motion was voted on and was Carried with B. McColl, B. Santos, M. Gambetti and S. Hannah voting in favour; and, D. Pateman voting in opposition. 

• Submission No. B 2024-026

  Moved by M. Gambetti

  Seconded by S. Hannah

  That the application of FIYORI WELDEGEBRIAL and KIROS KAHSAY TSIGE requesting permission to sever a parcel of land having a width of 7.9m, a depth of 36.5m and an area of 292 sq.m. generally in accordance with drawings prepared by Isoline Architects, dated June 11, 2024, Lot 193, Plan 318, Part Lot 152 Closed Streets and Lanes, 211 Lancaster Street, Kitchener, Ontario, BE REFUSED.

   

  It is the opinion of this Committee that:

  1. The application does not meet the criteria for a plan of subdivision.
  2. The proposed severed lot does not reflect the general scale and character of the established development pattern of surrounding lands.

  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. A 2024-087

  Moved by M. Gambetti

  Seconded by S. Hannah

  That the application of FIYORI WELDEGEBRIAL and KIROS KAHSAY TSIGE requesting minor variances for the retained land (consent application B2024-026) to have a lot width of 7.97m rather than the required 9.0m; and a parking space within the existing garage to have a width of 2.78m rather than the required 3.0m. generally in accordance with drawings prepared by Isoline Architects, dated June 11, 2024, Lot 193, Plan 318, Part Lot 152 Closed Streets and Lanes, 211 Lancaster Street West, Kitchener, Ontario, BE REFUSED.

   

  It is the opinion of this Committee that:

  1. The variances requested in this application are not minor.
  2. This application is not 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 not 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

5.9

B 2024-027, B 2024-028, A 2024-088 & A 2024-089 - 130 & 132 Edmund Road, DSD-2024-439

Submission No.: B 2024-027, B 2024-028, A 2024-088 & A 2024-089
Applicant: Jason Malfara
Property Location: 130 & 132 Edmund Road
Legal Description: Lot 88, Plan 651

Appearances:

In Support:

J. Malfara  

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.9m, a depth of 40.3m and an area of 318.6 sq.m. The retained land will have a width of 7.9m, a depth of 40.3m and an area of 318.8 sq.m. Consent is also being requested to grant easements having a width of 1.5m at the front and rear of the building where the common wall is not shared for the purposes of access and maintenance. The consent will allow each half of two proposed semi-detached dwellings to be on a separate lot and to be dealt with independently. Minor variances are also being requested for the severed and retained lands to permit interior yard setbacks of 0m where there is not a shared common wall rather than the required 1.2m to facilitate the severance of the existing semi-detached dwelling into 2 separate lots; and, to permit decks greater than 0.6m in height to be located 0m from the interior side lot line (common lot line) rather than the required 1.2m.

The Committee considered Development Services Department report DSD-2024-439, dated September 27, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the reports of the Region of Waterloo Transportation Planner, dated September 30, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 27, 2024, advising they have no concerns with the subject application.

J. Malfara was in attendance in support of the staff recommendation. J. Malfara requested the Committee remove condition 16 for consent application B 2024-028 outlined in the Staff recommendation and noted the requirement for a development agreement related to noise warnings is unnecessary as renters/purchasers normally anticipate increased noise levels for properties located near major roads. Further, J. Malfara noted the requirement for a development agreement to be registered on title is not an anticipated cost and introduces project delays.

In response to questions from the Committee, T. Malone-Wright advised the statement outlined in condition 7 for B 2024-028 in Development Services Department report, DSD-2024-439, requiring the property owner to prepare and implement a Tree Preservation/Enhancement Plan prior to the issuance of a Demolition and/or Building Permit should be removed from the Committee's decision this date as is not possible to fulfill a Tree Preservation Plan prior to demolition.

S. Hannah brought forward a motion to approve the staff recommendation as outlined in Development Services Department report DSD-2024-439 including an amendment to remove condition 16 and the statement "prior to the issuance of a Demolition and/or Building Permit" outlined in condition 7 for B 2024-028. The following motion as amended was then voted on.

• Submission No. B 2024-027

  Moved by S. Hannah

  Seconded by M. Gambetti 

  That the application of JASON MALFARA requesting consent to sever a parcel of land having a width of 7.9m, a depth of 40.3m and an area of 318.6 sq.m. The retained land will have a width of 7.9m, a depth of 40.3m and an area of 318.8 sq.m. Consent is also being requested to grant easements having a width of 1.5m at the front and rear of the building where the common wall is not shared for the purposes of access and maintenance. The consent will allow each half of two proposed semi-detached dwellings to be on a separate lot and to be dealt with independently, on Lot 88, Plan 651, 130 Edmund Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Applications A 2024-088 and A 2024-089 receive final approval.
  2. 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.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the 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 size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the 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 Director, Development and Housing Approvals:

  1. 1. 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
     2. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released, or otherwise dealt with without the express written consent of the City.

  6. That a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, shall be provided to the City Solicitor.
  7. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
     
  8. That the property owner shall submit a Notice of Source Water Protection Plan Compliance to the Regional Municipality 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 2024-028

  Moved by S. Hannah

  Seconded by M. Gambetti 

  That the application of JASON MALFARA requesting consent to sever a parcel of land having a width of 7.9m, a depth of 40.3m and an area of 318.3 sq.m. and to grant an easement having a width of 1.5m at the front and rear of the building where the common wall is not shared for the purposes of access and maintenance, on Lot 88, Plan 651, 132 Edmund Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Applications A 2024-088 and A 2024-089 receive final approval.
  2. 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.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the 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 size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the 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 Director, Development and Housing Approvals:

  1. 1. 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
     2. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released, or otherwise dealt with without the express written consent of the City.

  6. That a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, shall be provided to the City Solicitor.

  7.a. That the property owner shall prepare a Tree Preservation/Enhancement Plan, an Arborist Report and ISA valuation of trees on City lands and the subject lands in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Director of Parks & Cemeteries and the City’s Manager, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area, and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures.

  b. That the property owner shall implement the approved Tree Preservation/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 of Parks & Cemeteries and the City’s Manager, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Parks & Cemeteries and the City’s Manager, Site Plans.
  
  

  8. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.

  9. 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.

  10. 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.

  11. 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.

  12. That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the property owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.

  13. 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 a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.

  14. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  15. That the property owner/developer shall submit a Notice of Source Water Protection Plan Compliance to the Regional Municipality 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, as amended
• Submission No. A 2024-088

  Moved by S. Hannah

  Seconded by M. Gambetti 

  That the application of JASON MALFARA requesting minor variances for the retained land (consent application B2024-027) to have an interior yard setback of 0m where there is not a shared common wall rather than the required 1.2m; and, to permit decks greater than 0.6m in height to be located 0m from the interior side lot line (common lot line) rather than the required 1.2m., generally in accordance with building elevation plans, dated July 29, 2024, and with the deck having a 1.8m high privacy screen where the deck is adjacent to the shared lot line, on Lot 88, Plan 651, 130 Edmund Road, 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 2024-089

  Moved by S. Hannah

  Seconded by M. Gambetti 

  That the application of JASON MALFARA requesting minor variances for the severed land (consent application B2024-028) to permit interior yard setbacks of 0m where there is not a shared common wall rather than the required 1.2m; and, to permit decks greater than 0.6m in height to be located 0m from the interior side lot line (common lot line) rather than the required 1.2m., generally in accordance with building elevation plans dated July 29, 2024, and with the deck having a 1.8m high privacy screen where the deck is adjacent to the shared lot line on Lot 88, Plan 651, 132 Edmund Road, 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

6.

ADJOURNMENT

On motion, the meeting adjourned at 11:10 a.m.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment