Committee of Adjustment

Committee Minutes

Tuesday, March 19, 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 Applications
• S. Ryder, Traffic Planning Analyst
• M. Blake, Committee Coordinator
• S. Delaney, Administrative Clerk

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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 February 20, 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.

UNFINISHED BUSINESS

5.1

A 2024-012 - 628 New Dundee Road, DSD-2024-086

Submission No.: A 2024-012
Applicant: 1000215769 Ontario Inc. c/o Dan Bolliger
Property Location: 628 New Dundee Road
Legal Description: Survey Beasley's New Part Lot 1, Registered Plan 58R-17216, Part 2 and Part 3

Appearances:

In Support:

C. Lewington

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a parking rate of 1.17 spaces per dwelling (247 off-street parking spaces) rather than the minimum required 1.5 required spaces (317 off-street parking spaces); and, to provide 10% of the required visitor parking spaces (25 off-street parking spaces) rather than the required 20% visitor parking required (64 off-street parking spaces) to facilitate construction of a mixed use  development having 211 dwelling units, currently subject to Site Plan Application SP23/053/N/ES.

The Committee considered Development Services Department report DSD-2024-086, dated February 8, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 29, 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 February 2, 2024, advising they have no concerns with the subject application.

T. Malone-Wright noted the application was deferred from the February 20, 2024 Committee of Adjustment Meeting to allow the applicant an opportunity to be in attendance to represent the application.

C. Lewington was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by S. Hannah

• That the application of 1000215769 ONTARIO INC requesting a minor variance to permit a parking rate of 1.17 spaces per dwelling (247 off-street parking spaces) rather than the minimum required 1.5 required spaces (317 off-street parking spaces); and, to provide 10% of the required visitor parking spaces (25 off-street parking spaces) rather than the required 20% visitor parking required (64 off-street parking spaces) to facilitate construction of a mixed use  development having 211 dwelling units, currently subject to Site Plan Application SP23/053/N/ES, on Survey Beasley's New Part Lot 1, Registered Plan 58R-17216, Part 2 and Part 3, 628 New Dundee 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

5.2

A 2024-013 - 49 Madison Avenue North, DSD-2024-069, DSD-2024-069

Submission No.: A 2024-013
Applicant: Gurcharan Malhi
Property Location: 49 Madison Avenue North
Legal Description: Part Lot 7, Part Lot 3, Plan 370

Appearances:

In Support:

S. Cvetkovic

Contra:  

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a reduced lot width of 14.2m rather than the minimum required 15m; a reduced rear yard setback of 6.5m rather than the required 7.5m; to permit a multiple dwelling containing 5-units to have 1 off-street parking space rather than the required 5 off-street parking spaces; and, to allow a multiple dwelling to have no pedestrian entrance on the street line façade rather than the required one pedestrian entrance; to facilitate the construction of a rear yard addition and conversion of a single detached dwelling into a multi-residential dwelling with 5 dwelling units.

The Committee considered Development Services Department report DSD-2024-069, dated January 26, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 29, 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 February 2, 2024, advising they have no concerns with the subject application.

T. Malone-Wright noted the application was deferred from the February 20, 2024 Committee of Adjustment Meeting to allow the applicant an opportunity to be in attendance to represent the application.

S. Cvetkovic was in attendance in support of the staff recommendation.

In response to questions from the Committee, T. Malone-Wright confirmed that both a parking variance and lot width variance would not be requirements under the updated Zoning By-law. T. Malone-Wright also confirmed the applicant is requesting a minor variance for a reduced rear yard setback of 6.5m rather than the required 7.5m, and to recognize an existing an entry.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of GURCHARAN MALHI requesting a minor variance to permit a reduced lot width of 14.2m rather than the minimum required 15m; a reduced rear yard setback of 6.5m rather than the required 7.5m; to permit a multiple dwelling containing 5-units to have 1 off-street parking space rather than the required 5 off-street parking spaces; and, to allow a multiple dwelling to have no pedestrian entrance on the street line façade rather than the required one pedestrian entrance; to facilitate the construction of a rear yard addition and conversion of a single detached dwelling into a multi-residential dwelling with 5 dwelling units, on Part Lot 7, Part Lot 3, Plan 370, 49 Madison Avenue North, 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.

NEW BUSINESS

6.1

A 2024-017 - 31 Belmont Avenue West, DSD-2024-124

Submission No.: A 2024-017
Applicant: 2211452 Ontario Inc. c/o A & F Greenfield Homes Ltd.
Property Location: 31 Belmont Avenue West
Legal Description: Plan 230, Lot 402

Appearances:

In Support:

D. Rosu

Contra:

M. Kanert

Written Submissions:

H. Hoediono

The Committee was advised the applicant requested permission to permit a lot width of 9.7m rather than the minimum required 13.1m to construct an Additional Dwelling Unit (ADU) (Attached) within the existing building to facilitate the conversion of the existing Duplex into a Triplex.

The Committee considered Development Services Department report DSD-2024-124, dated March 6, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 26, 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 March 7, 2024, advising they have no concerns with the subject application.

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

M. Kanert was in attendance in opposition to the staff recommendation, seeking clarification regarding whether external alterations will be made to the subject property that would drastically deviate the property from the neighborhood. M. Kanert also requested clarification regarding any proposed changes to the driveway and parking.

In response to questions from the Committee, T. Malone-Wright noted the property is currently functioning as a duplex, and requires a minor variance to be converted into a triplex.

In response to questions from the Committee, D. Rosu confirmed there will be no change to the external appearance of the building, rather minor interior alterations would be made to the subject property.

In response to further questions, T. Malone-Wright verified  three parking spaces can be arranged in tandem, with one parking space located in the garage, and  two in driveway. With regards to concerns noted about parking on the lawn, T. Malone-Wright stated the appropriate avenue to report would be through contacting City of Kitchener By-law Enforcement.

Moved by B. Santos

Seconded by M. Gambetti

• That the application of A & F GREENFIELD HOMES LTD requesting a minor variance to permit a lot width of 9.7m rather than the minimum required 13.1m to construct an Additional Dwelling Unit (ADU) (Attached) within the existing building to facilitate the conversion of the existing Duplex into a Triplex, generally in accordance with the plan prepared by J.D. Barnes Limited, dated February 21, 2024, on Plan 230, Lot 402, 31 Belmont Avenue West, 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

6.2

A 2024-018 - 351 Blucher Boulevard, DSD-2024-106

Submission No.: A 2024-018
Applicant: Mark Perchaluk
Property Location: 351 Blucher Boulevard
Legal Description: Plan 250, Lot 136

Appearances:

In Support:

M. Perchaluk

A. Head

J. Lodin

M. & F. Lafrance

Contra:

A. Marin-Turcios

J. Halk

S. McElhone

A. Johnston

J. Dietrich

A. Oliver

T. Burton

Written Submissions:

B. Nickle

A. Oliver

J. Halk

A. & S. McElhone

M. Boutilier

S. Chinnien-Leung Tak Wan

Li-Kyong-Fa Leung-Tak-Wan

S. & C. Minshall

T. & J. McKnight

J. Dietrich

A. & N. Johnston

J. Marshall

M. Steinman & D. Barratt

J. Shanks

T. Haneks

The Committee was advised the applicant requested permission to permit an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing single detached dwelling to be 53.1% rather than the maximum permitted 50% of the single detached dwelling building floor area; to be located on a lot having an area of 370.91 sq.m. rather than the required 391 sq.m.; having a lot width of 12.21m, rather than the required 13.1m; to allow an unobstructed walkway to have a width of 0.59m rather than the required 1.1m; and for the ADU to have a lot coverage of 15.3% rather than the maximum permitted 15%.

The Committee considered Development Services Department report DSD-2024-106, dated February 29, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 26, 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 March 7, 2024, advising they have no concerns with the subject application.

The Committee considered several written submissions in opposition to the subject application.

A. Marin-Turcios, J. Halk, S. McElhone, A. Johnston, J. Dietrich, A. Oliver, and T. Burton were in attendance in opposition to the application. Concerns were raised for matters including, but not limited to: insufficient parking; potential concerns with safety and access in the event of an emergency; potential adverse issues as a result of reduced rear yard amenity space on the subject property and adjacent neighbours; concerns with drainage; as well as, landlord, tenant matters.

M. Perchaluk and A. Head were in attendance in support of the staff recommendation.

The Committee noted concerns with the minor variance to allow an unobstructed walkway to have a width of 0.59m rather than the required 1.1m, and for the ADU to have a lot coverage of 15.3% rather than the maximum permitted 15% due to potential issues surrounding parking and access in the event of an emergency. The Committee also noted landlord and tenant concerns are beyond the responsibility of the Committee.

In response to questions from the Committee, regarding the potential to limit the proposed ADU to one-storey, T. Malone Wright suggested the Committee consider amending the staff recommendation to include within the decision this date that the approval is "generally in accordance with drawings prepared by Dryden & Smith Head Planning Consultants Ltd., dated January 22, 2024 and drawings prepared by Fine Line Design dated October 2023 on Plan 250, Lot 136, 351 Blucher Boulevard, Kitchener, Ontario."

M. Gambetti moved the staff recommendation including an amendment, "that the application of MARK PERCHALUK requesting a minor variance to permit an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing single detached dwelling to be 53.1% rather than the maximum permitted 50% of the single detached dwelling building floor area; to be located on a lot having an area of 370.91 sq.m. rather than the required 391 sq.m.; having a lot width of 12.21m, rather than the required 13.1m, 'generally in accordance with drawings prepared by Dryden & Smith Head Planning Consultants Ltd., dated January 22, 2024 and drawings prepared by Fine Line Design dated October 2023' on Plan 250, Lot 136, 351 Blucher Boulevard, Kitchener, Ontario, BE APPROVED."

Moved by M. Gambetti

Seconded by B. Santos

• That the application of MARK PERCHALUK requesting a minor variance to permit an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing single detached dwelling to be 53.1% rather than the maximum permitted 50% of the single detached dwelling building floor area; to be located on a lot having an area of 370.91 sq.m. rather than the required 391 sq.m.; having a lot width of 12.21m, rather than the required 13.1m, and for the ADU to have a lot coverage of 15.3% rather than the maximum permitted 15%, generally in accordance with drawings prepared by Dryden & Smith Head Planning Consultants Ltd., dated January 22, 2024 and drawings prepared by Fine Line Design dated October 2023 on Plan 250, Lot 136, 351 Blucher Boulevard, 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.

  And that the application of MARK PERCHALUK requesting a minor variance to allow an unobstructed walkway to have a width of 0.59m rather than the required 1.1m; generally in accordance with drawings prepared by Dryden & Smith Head Planning Consultants Ltd., dated January 22, 2024 on Plan 250, Lot 136, 351 Blucher Boulevard, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

  1.        The variance requested in this application is 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 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, as amended

6.3

A 2024-019 - 50 Falconridge Drive, DSD-2024-109

Submission No.: A 2024-019
Applicants: David Beaudoin & Kirsten Doede
Property Location: 50 Falconridge Drive
Legal Description: Plan 58M-552, Lot 004

Appearances:

In Support:

D. Beaudoin

K. Doede

Contra:  

None

 Written Submissions:

None

The Committee was advised the applicant requested permission to legalize an accessory structure in the rear yard of a single detached dwelling having a height of the underside of the fascia of 5.5m rather than the maximum permitted 3m.

The Committee considered Development Services Department report DSD-2024-109, dated March 8, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 26, 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 March 7, 2024, advising they have no concerns with the subject application.

D. Beaudoin & K. Doede were in attendance in support of the staff recommendation.

In response to questions from the Committee, D. Beaudoin & K. Doede confirmed the application seeks to recognize a pre-existing accessory structure.

Moved by S. Hannah

Seconded by B. McColl

• That the application of DAVID BEAUDOIN and KIRSTEN DOEDE requesting a minor variance to legalize an accessory structure in the rear yard of a single detached dwelling having a height of the underside of the fascia of 5.5m rather than the maximum permitted 3m, generally in accordance with drawings submitted with the minor variance application, on Plan 58M-552, Lot 004, 50 Falconridge 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

6.4

A 2024-020 - 499 Forest Hill Drive, DSD-2024-107

Submission No.: A 2024-020
Applicant: Anthony Gaspar
Property Location: 499 Forest Hill Drive
Legal Description: Plan 946, Lot 139

Appearances:

In Support:

A. Gaspar

V. Oliveira

S. Gonen

Contra:

None

 Written Submissions:

C. Hounsell

The Committee was advised the applicant requested permission to permit a required parking space to be located 3m from the street (property) line rather than the required 6m; and, to recognize the location of the existing driveway to be located 4.5m from an exterior lot line abutting Birchcliff Avenue rather than the required 7m, to permit the construction of an Additional Dwelling Unit (ADU) (Attached), to facilitate the conversion of single detached dwelling into a duplex.

The Committee considered Development Services Department report DSD-2024-107, dated March 6, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 26, 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 March 7, 2024, advising they have no concerns with the subject application.

A. Gaspar was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of ANTHONY GASPAR requesting a minor variance to permit a required parking space to be located 3m from the street (property) line rather than the required 6m; and, to recognize the location of the existing driveway to be located 4.5m from an exterior lot line abutting Birchcliff Avenue rather than the required 7m, to permit the construction of an Additional Dwelling Unit (ADU) (Attached), to facilitate the conversion of single detached dwelling into a duplex, generally in accordance with drawings prepared by Truetek Engineering, dated January 27, 2024, on Plan 946, Lot 139, 499 Forest Hill 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

6.5

A 2024-021 - 132 Dalewood Drive, DSD-2024-114

Submission No.: A 2024-021
Applicant: Cynthia Power
Property Location: 132 Dalewood Drive
Legal Description: Part Lot 1216 Kitchener S/T, Lot 57

Appearances:

In Support:

C. Power

Contra:

None

Written Submissions:

S. Rueffer

The Committee was advised the applicant requested permission to permit a required parking space to be located 3.5m from the street (property) line rather than the required 6m setback to permit the construction of an Additional Dwelling Unit (ADU) (Attached), to facilitate the conversion of single detached dwelling into a duplex.

The Committee considered Development Services Department report DSD-2024-114, dated March 6, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 26, 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 March 7, 2024, advising they have no concerns with the subject application.

C. Power was in attendance in support of the staff recommendation.

Moved by B. Santos

Seconded by S. Hannah

• That the application of EDWARD POWER and CYNTHIA POWER requesting a minor variance to permit a required parking space to be located 3.5m from the street (property) line rather than the required 6m setback to permit the construction of an Additional Dwelling Unit (ADU) (Attached), to facilitate the conversion of single detached dwelling into a duplex, on Part Lot 1216 Kitchener S/T, Lot 57, 132 Dalewood 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

6.6

A 2024-022 - 167 Forfar Avenue, DSD-2024-115

Submission No.: A 2024-022
Applicants: Punjeet Jain & Deepali Maheshwari
Property Location: 167 Forfar Avenue
Legal Description: Plan 1526, Lot 29

Appearances:

In Support:

P. Jain

D. Maheshwari

Contra:

None

 Written Submissions:

None

The Committee was advised the applicant requested permission to permit a required parking space to be located 0m from the street (property) line rather than the required 6m setback to permit the construction of an Additional Dwelling Unit (ADU) (Attached), to facilitate the conversion of single detached dwelling into a duplex.

The Committee considered Development Services Department report DSD-2024-115, dated March 6, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 26, 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 March 7, 2024, advising they have no concerns with the subject application.

P. Jain & D. Maheshwari were in attendance in support of the staff recommendation. P. Jain & D. Maheshwari noted they had reviewed all of the public agency comments and expressed concerns related to the comments provided by the Metrolinx dated March 8, 2024, where they requested additional conditions to be included in the Committees’ decision this date. They requested the Committee consider omitting the conditions in their decision, expressing concerns that the request may be onerus for them to complete.

The Committee noted their support for the staff recommendation, indicating they would be willing to approve the subject application without conditions as requested by Metrolinx.

Moved by B. McColl

Seconded by B. Santos

• That the application of PUNEET JAIN and DEEPALI MAHESHWARI requesting a minor variance to permit a required parking space to be located 0m from the street (property) line rather than the required 6m setback to permit the construction of an Additional Dwelling Unit (ADU) (Attached), to facilitate the conversion of single detached dwelling into a duplex, on Plan 1526, Lot 29, 167 Forfar 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

6.7

B 2024-004 - 546-548 Peach Blossom Court, DSD-2024-120

Submission No.: B 2024-004
Applicant: Klondike Homes Ltd., c/o Paul Florica
Property Location: 546, 548 Peach Blossom Court
Legal Description: Plan 58M-238, Block 13

Appearances:

In Support:

P. Florica

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land (546 Peach Blossom Court) having a lot width of 9.9m, a lot depth of 47m and a lot area of 407sq.m. The lands retained (548 Peach Blossom Court) will have a lot width of 9.3m, a lot depth of 43m and a lot area of 402sq.m. The consent will permit each half of a semi-detached dwelling currently under construction to be dealt with independently.

The Committee considered Development Services Department report DSD-2024-120, dated March 5, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 26, 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 March 7, 2024, advising they have no concerns with the subject application.

P. Florica was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of KLONDIKE HOMES LTD requesting permission to sever a parcel of land (546 Peach Blossom Court) having a lot width of 9.9m, a lot depth of 47m and a lot area of 407sq.m. The lands retained (548 Peach Blossom Court) will have a lot width of 9.3m, a lot depth of 43m and a lot area of 402sq.m. The consent will permit each half of a semi-detached dwelling currently under construction to be dealt with independently, on Plan 58M-238, Block 13, 546-548 Peach Blossom Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. 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;
  2. 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.
  3. 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.
  4. That the property owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands.
  5. That the property owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands.
  6. That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 
  7. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the City’s Director of Engineering Services.
  8. That the property owner shall ensure the required Development Asset Drawing (digital AutoCAD) is provided for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 
  9. 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 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.
  10. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $11,862.00 of the value of the lands to be severed.
  11. That the property owner shall ensure a Section 59 Notice be submitted to the satisfaction of the Region of Waterloo.

  12. 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

6.8

B 2024-005 - 680 Frederick Street, DSD-2024-125

Submission No.: B 2024-005
Applicants: Marcsalo Holdings Inc., c/o Calin Pele
Property Location: 680 Frederick Street
Legal Description: Plan 764, Lot 28

Appearances:

In Support:

C. Pele

A. Rosu

Contra:

None

 Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 7.6m, a lot depth of 45.7m and a lot area of 349.3sq.m. The retained lands will have a lot width of 7.6m, a lot depth of 45.7m and a lot area of 349.3sq.m. The existing dwelling and garage are proposed to be demolished and new semi-detached duplexes are proposed to be constructed in their place.

The Committee considered Development Services Department report DSD-2024-125, dated March 6, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 26, 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 March 7, 2024, advising they have no concerns with the subject application.

A. Rosu was in attendance in support of the staff recommendation.

In response to questions from the Committee regarding whether three units per lot were being proposed, A. Rosu confirmed the request outlined in the application is to build a semi-duplex with two units on each side.

In response to potential concerns from the Committee regarding parking should a third unit be proposed, A. Rosu noted there is not an intent to complete the construction of the basement or include a third unit at this time.

T. Malone-Wright confirmed in response to questions from the Committee that a minor variance application would be required to include a third dwelling unit, as the property does not meet the required lot width. 

Moved by B. Santos

Seconded by M. Gambetti

• That the application of MARCSALO HOLDINGS INC requesting permission to sever a parcel of land having a width of 7.6m, a lot depth of 45.7m and a lot area of 349.3sq.m., on Plan 764, Lot 28, 680 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full 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.
  4. That the property owner shall obtain Demolition Control Approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Director, Development and Housing Approvals.
  5. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling and all accessory structure(s) proposed to be demolished, to the satisfaction of the City’s Chief Building Official, and removes the existing dwelling and all accessory structure(s) prior to deed endorsement.
  6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the City’s Director of Engineering Services.
  7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services.
  9. That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  10. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via 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.
  11. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $11,862.00 of the value of the lands to be severed.
  12. That the property owner shall enter into an agreement with the City of Kitchener, at the sole option of the City’s Director, Development and Housing Approvals, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director, Development and Housing Approvals, which shall include the following:

  a) That the property owner shall ensure that prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Manager, Site Plans showing:

  i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways;

  ii) the location of any existing buildings or structures to be removed or relocated;

  iii) the proposed grades and drainage;

  iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition;

  v) justification for any trees to be removed; and

  vi) outline tree protection measures for trees to be preserved; and

  vii) building elevation drawings.

  viii) If necessary, the plan shall include required mitigation and or compensation measures.

  ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s).

  b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Manager, Site Plans.

  13. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  14. That the property owner shall enter into an agreement with City of Kitchener to secure the following conditions, in relation to mitigation of traffic noise from Frederick Street, for all dwelling units on both retained and severed lots; and that a copy of this Agreement is submitted to the Regional Municipality of Waterloo to the satisfaction of the Region.
  15. 1. That the owner/developer agree to construct the dwelling with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future at the occupant’s discretion.
      2. That the following noise warning clauses will be included in all offers of purchase, deeds and rental agreements:

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

  It is the opinion of this Committee that:

  1. A plan of subdivision is not necessary for the proper and orderly development of the municipality.
  2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands.
  3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan.

  Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

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

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

  Carried

7.

ADJOURNMENT