Committee of Adjustment

Committee Minutes

Tuesday, May 21, 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. McColl, Member
• M. Gambetti, Member

Staff:

• T. Malone-Wright, Supervisor, Development Applications
• M. Mills, Committee Coordinator

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1.

COMMENCEMENT

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

2.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held April 16, 2024, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

None.

4.

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

5.

NEW BUSINESS

5.1

A 2024-033 - 1955 Fischer Hallman Road, DSD-2024-219

Submission No.: A 2024-033
Applicant: The Corporation of the City of Kitchener
Property Location: 1955 Fischer Hallman Road
Legal Description: Part Lots 151, 152, 153, German Company Tract; being Parts 1 to 3, on Reference Plan 58R-3382, save and except Parts 1 to 3, on Reference Plan 58R-10081 and save and except Part 1, on Reference Plan 58R-19939, 

Appearances:

In Support:

D. Becks

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to permit an easterly side yard setback of 8.5m rather than the minimum required 10m to facilitate the development of a recreational athletic complex.

The Committee considered Development Services Department report DSD-2024-219, dated May 3, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application.

D. Becks was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of CITY OF KITCHENER requesting a minor variance to permit an easterly, side yard setback of 8.5m rather than the minimum required 10m to facilitate the development of a recreational athletic complex, on Part Lots 151, 152, 153, German Company Tract; Parts 1 to 3, on Reference Plan 58R-3382, save and except Parts 1 to 3, on Reference Plan 58R-10081 and save and except Part 1, on Reference Plan 58R-19939, 1955 Fischer Hallman 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

5.2

A 2024-034 - 215 Morgan Avenue, DSD-2024-241

Submission No.: A 2024-034
Applicant: Fabien Youbissi
Property Location: 215 Morgan Avenue
Legal Description: Part Lot 3, Plan 986 and Part Lot 1, Plan 959

Appearances:

In Support:

F. Youbissi

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit 19% of street line façade opening and no pedestrian entrance rather than the minimum required 20% including one (1) pedestrian entrance to the principal building; to permit a building to be located 10.6m from an active railway right-of-way rather than the minimum required 15m, to permit a drive aisle of 4.8m adjacent to a portion of one (1) parking space rather than the minimum required 6m; and, to permit parking spaces and drive aisles to be located in the front yard whereas the Zoning By-law does not permit this, to facilitate the development of 4 Additional Dwelling Units (ADU) to a 4 unit development for a total of 8 dwelling units on the subject property.

The Committee considered Development Services Department report DSD-2024-241, dated May 9, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application.

F. Youbissi was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of CLARISSE SOLANGE GUIADEM POLA and FABIEN MESMIN YOUBISSI requesting minor variances to permit 19% of street line façade opening and no pedestrian entrance rather than the minimum required 20% including one (1) pedestrian entrance to the principal building; to permit a building to be located 10.6m from an active railway right-of-way rather than the minimum required 15m, to permit a drive aisle of 4.8m adjacent to a portion of one (1) parking space rather than the minimum required 6m; and, to permit parking spaces and drive aisles to be located in the front yard whereas the Zoning By-law does not permit this, to facilitate the development of 4 Additional Dwelling Units (ADU) to a 4 unit development for a total of 8 dwelling units on the subject property, generally in accordance with drawings prepared by Design Permit Group Inc., dated December 11, 2023, on Part Lot 3, Plan 986 and Part Lot 1, Plan 959, 215 Morgan Avenue, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

5.3

A 2024-035 - 42 Hazelglen Drive, DSD-2024-221

Submission No.: A 2024-035
Applicant: A & F Greenfield Homes Ltd.
Property Location: 42 Hazelglen Drive
Legal Description: Part Block B, Plan 1257; being Part 2 on Reference Plan 58R-893

Appearances:

In Support:

D. & O. Rosu

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; a building height of 11.9m rather than the maximum permitted 11m; and, to not provide private patios for the ground floor units whereas the zoning by-law requires a private patio be provided, to facilitate a multiple residential development having 20 dwelling units in accordance with Site Plan Application SP23/081/H/AA.

The Committee considered Development Services Department report DSD-2024-221, dated May 1, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application.

D. Rosu and O. Rosu were in attendance in support of the staff recommendation.  

Moved by S. Hannah

Seconded by M. Gambetti 

• That the application of A & F GREENFIELD HOMES LTD requesting minor variances to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; a building height of 11.9m rather than the maximum permitted 11m; and, to not provide private patios for the ground floor units whereas the zoning by-law requires a private patio be provided, to facilitate a multiple residential development having 20 dwelling units, in accordance with Site Plan Application SP23/081/H/AA, on Part Block B, Plan 1257, being Part 2 on Reference Plan 58R-893, 42 Hazelglen Drive, 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 2024-036 - 50 Confederation Drive (WITHDRAWN)

Submission No.: A 2024-036
Applicant: Waterloo Catholic District School Board c/o Shesh Maharaj
Property Location: 50 Confederation Drive
Legal Description: Plan 1203, Block D

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

5.5

A 2024-037 - 67 Blucher Street, DSD-2024-225

Submission No.: A 2024-037
Applicant: 67-71 Blucher Inc. c/o Marko Podobnik
Property Location: 67 Blucher Street
Legal Description: Lot 16, Plan 328 and Part Lot 4, Plan 399

Appearances:

In Support:

K. Barisdale

Contra:

None                          

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit a front yard setback of 4.49m rather than the minimum required 6.6m; a rear yard setback of 3.2m rather than the minimum required 7m; and, a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6, to facilitate the development of 2 3-storey stacked townhouse buildings each having 8 dwelling units in the rear yard of the subject property containing an existing 10 townhouse dwelling in accordance with Site Plan Application SP23/084/B/TS.

The Committee considered Development Services Department report DSD-2024-225, dated May 8, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application.

K. Barisdale, GSP Group was in attendance in support of the staff recommendation. 

Moved by B. McColl

Seconded by S. Hannah

• That the application of 67-71 BLUCHER INC requesting minor variances to permit a front yard setback of 4.49m rather than the minimum required 6.6m; a rear yard setback of 3.2m rather than the minimum required 7.5m; and, a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6, to facilitate the development of two 3-storey stacked townhouse buildings each having 8 dwelling units in the rear yard of the subject property containing an existing 10 townhouse dwelling, in accordance with Site Plan Application SP23/084/B/TS, on Lot 16, Plan 328 and Part Lot 4, Plan 399, 67 Blucher 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

5.6

A 2024-038 - 32 Montana Crescent, DSD-2024-238

Submission No.: A 2024-038
Applicant: Robert Davis
Property Location: 32 Montana Crescent
Legal Description: Part Lot 302, Plan 1448; being Part 2 on Reference Plan 58R-5331

Appearances:

In Support:

R. Davis

Contra:

None

Written Submissions:

J. Van Es

M. Moriarty

The Committee was advised the applicant requested minor variances to Zoning By-laws 2019-051 and 2024-074 to permit the building floor area for an Additional Dwelling Unit (ADU) (Detached) to be 122 sq.m rather than the maximum permitted 80 sq.m.; to permit a lot width of 7.3m rather than the minimum required 13.1m; to permit a shed roof building height for the Additional Dwelling Unit (ADU) (Detached) of 4.8m rather than the maximum permitted 4.5m; to permit an unobstructed walkway of 0.94m rather than the minimum required 1.1m; and, to permit a deck on the Additional Dwelling Unit (ADU) (Detached) to have a rear yard setback, adjacent to Highland Road West, of 1.4m rather than the minimum required 4m to facilitate renovation of the existing semi-detached dwelling to have one (1) Additional Dwelling Unit (ADU) (Attached) and to construct one (1) Additional Dwelling Unit (Detached) for a total of 3 dwelling units on the property.

The Committee considered Development Services Department report DSD-2024-238, dated May 13, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application.

R. Davis was in attendance in support of the staff recommendation. 

In response to questions from the Committee, T. Malone-Wright noted, risers being constructed along with the walkway of the deck would be reviewed through the building permit application process thus does not need to be addressed in the minor variance application.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of ROBERT DAVIS requesting minor variances to Zoning By-laws 2019-051 and 2024-074 to permit the building floor area for an Additional Dwelling Unit (ADU) (Detached) to be 122 sq.m rather than the maximum permitted 80 sq.m.; to permit a lot width of 7.3m rather than the minimum required 13.1m; to permit a shed roof building height for the Additional Dwelling Unit (ADU) (Detached) of 4.8m rather than the maximum permitted 4.5m; to permit an unobstructed walkway of 0.94m rather than the minimum required 1.1m; and, to permit a deck on the Additional Dwelling Unit (ADU) (Detached) to have a rear yard setback, adjacent to Highland Road West, of 1.4m rather than the minimum required 4m, to facilitate renovation of the existing semi-detached dwelling to have one (1) Additional Dwelling Unit (ADU) (Attached) and to construct one (1) Additional Dwelling Unit (Detached) for a total of 3 dwelling units on the property, generally in accordance with drawings prepared by the applicant, Robert Davis, dated April 23, 2024, and submitted with this application, on Part Lot 302, Plan 1448, being Part 2 on Reference Plan 58R-5331, 32 Montana Crescent, 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

5.7

A 2024-039 - 114 Brandon Avenue, DSD-2024-246

Submission No.: A 2024-039
Applicants: Paul Dale and Madeline Dale
Property Location: 114 Brandon Avenue
Legal Description: Part Lot 65, Plan 852

Appearances:

In Support:

R. Sajkunovic

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit an easterly side yard setback of 0.45m rather than the minimum required 1.2m to recognize the location of an existing carport; and, to permit a rear yard setback of 5.5m rather than the minimum required 7.5m to facilitate the replacement of an existing sunroom at the rear of the detached dwelling.

The Committee considered Development Services Department report DSD-2024-246, dated May 10, 2024, recommending approval as outlined in the report. It was noted in the Staff report that the applicant applied for relief from the minimum side yard setback to recognize an existing carport located 0.45 metres from the side lot line. However, Staff researched the City’s records and found the building permit from 1960 for the carport that was approved in that location in compliance with the contemporaneous Zoning By-law (Zoning By-law 4830). Therefore, the carport location is considered legal-non-complying and a minor variance is not required.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. 

R. Sajkunovic was in attendance in support of the staff recommendation, which included the removal of the variance related to the carport as outlined in the report.

Moved by M. Gambetti

Seconded by B. McColl                           

• That the application of PAUL DALE and MADELINE DALE requesting a minor variance to permit a rear yard setback of 5.5m rather than the minimum required 7.5m, to facilitate the replacement of an existing sunroom at the rear of the detached dwelling, generally in accordance with drawings prepared by JR Design and Consultants, dated February 2024, on, Part Lot 65, Plan 852, 114 Brandon 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

5.8

A 2024-040 - 39 Turner Avenue, DSD-2024-227

Submission No.: A 2024-040
Applicant: Harold Noseworthy
Property Location: 39 Turner Avenue
Legal Description: Lot 4, Plan 705

Appearances:

In Support:

H. Noseworthy 

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to permit an accessory building to be 18.3% (204.4 sq.m in area) rather than the maximum permitted 15% (168.2 sq.m in area) to facilitate a 1-storey addition to an existing detached accessory structure in the rear yard of the subject property.

The Committee considered Development Services Department report DSD-2024-227, dated May 8, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application.

H. Noseworthy was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by B. McColl

• That the application of HAROLD NOSEWORTHY requesting a minor variance to permit an accessory building to have a lot coverage of 18.3% (204.4 sq.m in area) rather than the maximum permitted 15% (168.2 sq.m in area), to facilitate a 1-storey addition to an existing detached accessory structure in the rear yard of the subject property, generally in accordance with the plans and drawings attached to Report DSD-2024-227 as Attachment ‘A’, on Lot 4, Plan 705, 39 Turner 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

5.9

A 2024-041 - 133 Max Becker Drive, DSD-2024-232

Submission No.: A 2024-041
Applicants: Scott Roland and Janet Roland
Property Location: 133 Max Becker Drive
Legal Description: Block 9, Plan 58M-172; being Part 43 on Reference Plan 58R-12815

Appearances:

In Support:

S. & J. Roland

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to permit an exterior yard setback adjacent to Copper Leaf Crescent of 4.2m rather than the required 4.5m to be able to build a 2-storey addition onto the existing detached dwelling.

The Committee considered Development Services Department report DSD-2024-232, dated May 8, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application.

S. Roland and J. Roland were in attendance in support of the staff recommendation.

D. Pateman noted he was not in support of the staff recommendation as the proposed addition creates an odd-shaped lot, which in his opinion will negatively impact the streetscape.

A recorded vote was requested.

The recommendation was then voted on and was Carried on a recorded vote, with S. Hannah, B. McColl and S. Hannah voting in favour; and, D. Pateman voting in opposition. 

Moved by B. McColl

Seconded by M. Gambetti

• That the application of SCOTT ROLAND and JANET ROLAND requesting a minor variance to permit an exterior yard setback adjacent to Copper Leaf Crescent of 4.2m rather than the required 4.5m to be able to build a 2-storey addition onto the existing detached dwelling, generally in accordance with drawings prepared by C. Frede Design Inc., dated April 3, 2024, on Block 9, Plan 58M-172, being Part 43 on Reference Plan 58R-12815, 133 Max Becker 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

5.10

A 2024-042 - 125 Seabrook Drive, DSD-2024-218

Submission No.: A 2024-042
Applicant: Delight Realty Inc. c/o Jarnail Kahlon
Property Location: 125 Seabrook Drive
Legal Description: Block 183, Plan 58M-374

Appearances:

In Support:

N. Bogaert

Contra:  

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit a gross leasable commercial space of 1,932.5 sq.m rather than the maximum permitted 999 sq.m; and, to permit a retail unit to be 555 sq.m in size rather than the maximum 225 sq.m to facilitate the development of a new commercial plaza with a specialty grocery store in accordance with Site Plan Application SP24/002/S/AA.

The Committee considered Development Services Department report DSD-2024-218, dated May 1, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application.

N. Bogaert, MHBC Planning was in attendance in support of the staff recommendation.

The Committee noted additional bicycle parking should be considered. 

Moved by B. McColl

Seconded by M. Gambetti

• That the application of DELIGHT REALTY INC requesting minor variances to permit a gross leasable commercial space of 1,932.5 sq.m rather than the maximum permitted 999 sq.m; and, to permit a retail unit to be 555 sq.m in size rather than the maximum 225 sq.m, to facilitate the development of a new commercial plaza with a specialty grocery store, in accordance with Site Plan Application SP24/002/S/AA, on Block 183, Plan 58M-374, 125 Seabrook Drive, 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

5.11

B 2024-008 - 7 Upper Mercer Street, B6 and B7, DSD-2024-226

Submission No.: B 2024-008
Applicant: Penny Reitzel, WCECC 468, Karthik Manoharan & Harini Parameshwaran 
Property Location: 7 Upper Mercer Street, B6 and B7
Legal Description: Part Block 29, Plan 58M-392; being Parts 6, 7 & 87 on Reference Plan 58R-16271

Appearances:

In Support:

J. Reitzel

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested consent to sever the existing townhouse dwelling units, municipally known as 7 Upper Mercer Street, Units 6 and 7, into two (2) independent properties/units. The severed land will have a lot width of 5.9m, a lot depth of 27.6m and a lot area of 162.8 sq.m. The land to be retained will have a lot width of 5.9m, a lot depth of 26.7m and a lot area of 162.8 sq.m. The consent will permit each townhouse dwelling unit in an existing townhouse development to be dealt with independently.

The Committee considered Development Services Department report DSD-2024-226, dated May 13, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2024, advising they have no concerns with the application subject to conditions. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 6, 2024, advising they have no concerns with the subject application.

J. Reitzel was in attendance in support of the staff recommendation. 

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of PENNY REITZEL, WCECC 468, KARTHIK MANOHARAN and HARINI PARAMESHWARAN requesting permission to sever the existing townhouse dwelling units, municipally known as 7 Upper Mercer Street, Units 6 and 7, into two (2) independent properties/units,the severed land will have a lot width of 5.9m, a lot depth of 27.6m and a lot area of 162.8 sq.m., on Part Block 29, Plan 58M-392; being Parts  6, 7 & 87 on Reference Plan 58R-16271, 7 Upper Mercer Street, Units B6 and B7, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to the Region of Waterloo.
  5. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  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

5.12

B 2024-009 & A 2024-043 - 500 Stauffer Drive, DSD-2024-236

Submission No.: B 2024-009 & A 2024-043
Applicant: Estate of Monika Ruttkowski c/o Walter Pfeifer
Property Location: 500 Stauffer Drive
Legal Description: Part Lots 8 and 9, Biehn’s Tract; being Part 5 on Reference Plan 58R-20312

Appearances:

In Support:

W. Pfeifer

P. Chauvin

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested consent to sever a parcel of land having an approximate lot width of 141.5m, a lot depth of 39.2m and an area of 0.208 hectares (Block 2 on the Severance Plan). The lands to be retained will have an approximate lot width of 715m, a lot depth varying from 518-725m and an area of 39.4 hectares (Block 1 on the Severance Plan). The purpose of the application is to create a sanitary servicing block (Block 2) that is to be conveyed to Activa Holdings Inc. (‘Activa’) to facilitate the future sanitary servicing of lands on the west side of Strasburg Road. The Committee was advised a minor variance is also being requested to permit a lot width of 141.5m, to recognize the resultant width of the proposed severed parcel of land, whereas the 'FTR-1' Zone only permits the existing width of a lot.

The Committee considered Development Services Department report DSD-2024-236, dated May 8, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the reports of the Region of Waterloo Transportation Planner, dated May 2, 2024, and May 6, 2024, advising they have no concerns with the application subject to conditions. 

W. Pfeifer and P. Chauvin, MHBC Planning were in attendance in support of the staff recommendation.

In response to questions from W. Pfeifer, T. Malone Wright advised the severance plan submitted with the subject application was incorrect as it outlined 3 existing blocks however, as one of these blocks have already created through the dedication of Strasburg Road, there only 2 existing blocks. It was noted the severance plan was revised following the submission of the application to indicate 2 blocks.

The Committee noted conditions 5 and 6 of the staff recommendation outlined in Development Services Department report, DSD-2024-235 requires a Notice of Source Protection Plan Compliance and Archaeological Assessment Report, matters which will be addressed through the plan of subdivision. It was noted, it may be an onerous requirement for the applicant to fulfill these conditions for approval of their consent application. In response, P. Chauvin requested the Committee remove conditions 5 and 6 proposed in the staff recommendation. T. Malone-Wright noted conditions 5 and 6 were requested by the Region of Waterloo thus should not be omitted without consultation with the Region. T. Malone-Wright suggested the wording "if necessary" be included in Conditions 5 and 6 to allow this matter to be addressed between the Applicant and Region. P. Chauvin expressed concerns with the suggested language noting it does not guarantee the Region will not enforce a requirement for a Notice of Source Protection Plan Compliance and Archeological Assessment Report through the Consent process.

M. Gambetti brought forward a motion to approve the staff recommendation outlined in Development Services Department report, DSD-2024-235.

S. Hannah brought forward an amendment to the motion for Conditions 5 and 6 outlined in DSD-2024-235 to include the wording "if required" which was voted on and was Carried.

The motion as amended was then voted on was Carried.

Moved by M. Gambetti

Seconded by B. McColl

• Submission No. A 2024-043

  Moved by M. Gambetti

  Seconded by B. McColl

  That the application of MONIKA RUTTKOWSKI requesting a minor variance to permit a lot width of 141.5m, to recognize the resultant width of the proposed severed parcel of land for a sanitary servicing corridor, whereas the 'FTR-1' Zone only permits the existing width of a lot, in accordance with Consent Application B 2024-009, on Part Lots 8 and 9, Biehn’s Tract, being Part 5 on Reference Plan 58R-20312, 500 Stauffer 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, as amended
• Submission No. B 2024-009

  Moved by M. Gambetti

  Seconded by B. McColl

  That the application of MONIKA RUTTKOWSKI requesting permission to sever a parcel of land having an approximate lot width of 141.5m, a lot depth of 39.2m and an area of 0.208 hectares (Block 2 on the Severance Plan), on Part Lots 8 and 9, Biehn’s Tract; being Part 5 on Reference Plan 58R-20312, 500 Stauffer Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-043 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 there are no outstanding taxes on the subject property.
  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 sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to the Region of Waterloo, if required.
  6. That the property owner shall submit the completed Archaeological Assessment Report and Ministry Acknowledgement Letter to the satisfaction of the Region of Waterloo, if required.

  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

6.

ADJOURNMENT

On motion, this meeting adjourned at 10:49 a.m.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment