Committee of Adjustment

Committee Minutes

Tuesday, February 20, 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

Staff:

• T. Malone-Wright, Supervisor, Development Applications
• D. Seller, Transportation Services
• M. Blake, Committee Coordinator
• Connie Owen, Administrative Clerk

---

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 January 16, 2024, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

4.

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

5.

NEW BUSINESS

5.1

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

Submission No.: A 2024-012
Applicant: 1000215769 Ontario Inc.
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:

None

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.

As no one was in attendance to support the application, the Committee deferred consideration of this matter to the March 19, 2024 Committee of Adjustment meeting.

Moved by S. Hannah

Seconded by M. Gambetti

• 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 DEFERRED until March 19, 2024, to allow the applicant an opportunity to represent the application.

  Carried

5.2

A 2024-013 - 49 Madison Avenue North, 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:

None

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.

As no one was in attendance to support the application, the Committee deferred consideration of this matter to the March 19, 2024 Committee of Adjustment meeting.

Moved by B. Santos

Seconded by B. McColl

• 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 DEFERRED until March 19, 2024, to allow the applicant an opportunity to represent the application.

  Carried

5.3

A 2024-014 - 132 Merner Avenue, DSD-2024-079

Submission No.: A 2024-014
Applicant: 1000202468 Ontario Inc. c/o Matthew Phipps
Property Location: 132 Merner Avenue
Legal Description: Lot 7, Plan 667

Appearances:
In Support:

M. Phipps

K. Boland

Contra:  

None

                        
Written Submissions:

L. Gossen

The Committee was advised the applicant requested permission to permit a lot width of 12.8m rather than the minimum required 13.1m; having a side yard abutting Krug Street of 1.57m rather than the required 4.5m; having a southerly side yard setback of 1.07m rather than the required 1.2m; having 2 of the required off-street parking spaces located 5.2m from the street line rather than the required 6m setback; having a rear yard setback of 4.36m rather than the required 7.5m; and, to allow one of the required parking spaces to be 2.6m wide by 5.2m long, rather than the required 2.6m wide by 5.5m long to facilitate the conversion of a duplex to a triplex.

The Committee considered Development Services Department report DSD-2024-079, dated February 7, 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.

M. Phipps and K. Boland were in attendance in support of the application and staff’s recommendation. 

At the request of staff, the Committee, agreed to amend the staff recommendation requesting a minor variance to permit having a side yard abutting Krug Street of 1.4m rather than the required 4.5m, and having a rear yard setback of 4.5m rather than the required 7.5m.

Moved by S. Hannah 

Seconded by M. Gambetti

• That the application of 1000202468 ONTARIO INC and MATTHEW PHIPPS requesting a minor variance to permit a lot width of 12.8m rather than the minimum required 13.1m; having a side yard abutting Krug Street of 1.4m rather than the required 4.5m; having a southerly side yard setback of 1.07m rather than the required 1.2m; having 2 of the required off-street parking spaces located 5.2m from the street line rather than the required 6m setback; having a rear yard setback of 4.5m rather than the required 7.5m; and, to allow one of the required parking spaces to be 2.6m wide by 5.2m long, rather than the required 2.6m wide by 5.5m long, generally in accordance with drawings prepared by Southwood Homes Architectural Design, to facilitate the conversion of a duplex to a triplex, on Lot 7, Plan 667, 132 Merner 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, as amended

5.4

A 2024-015 - 50 Mountain Mint Crescent, DSD-2024-082

Submission No.: A 2024-015
Applicants: John Borsi & Cheryl Borsi
Property Location: 50 Mountain Mint Crescent
Legal Description: Registered Plan 58M-16, Part 23, Block 7

Appearances:
In Support:

K. Boland

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested permission to permit a minimum lot width of 9.6m rather than the minimum required 13.1m to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the existing Single Detached Dwelling.

The Committee considered Development Services Department report DSD-2024-015, dated February 7, 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.

K. Boland was in attendance in support of the application and staff’s recommendation.

Moved by B. McColl

Seconded by B. Santos

• That the application of JOHN BORSI and CHERYL BORSI requesting a minor variance to permit a minimum lot width of 9.6m rather than the minimum required 13.1m, generally in accordance with drawings prepared by Southwood Homes, to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the existing Single Detached Dwelling, on Registered Plan 58M-16, Part 23, Block 7, 50 Mountain Mint Crescent, 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 2024-016 - 962 Guelph Street, DSD-2024-085

Submission No.: A 2024-016
Applicant: Andaca Inc. c/o Martha Hahn
Property Location: 962 Guelph Street
Legal Description: Part Lot 9, Plan 763

Appearances:
In Support:

M. Kaczmarek

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested permission to permit a "Pet Aquamation" use as a permitted use in the 'General Industrial Zone (M-2)' to facilitate the reuse of the existing building for a use not currently permitted in the 'M-2' Zone.

The Committee considered Development Services Department report DSD-2024-085, dated February 7, 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.

M. Kaczmarek was in attendance in support of the application and staff’s recommendation.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of ANDACA INC requesting a minor variance to permit a "Pet Aquamation" use as a permitted use in the 'General Industrial Zone (M-2)' to facilitate the reuse of the existing building for a use not currently permitted in the 'M-2' Zone, on  Part Lot 9, Plan 763, 962 Guelph Street, 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

5.6

B 2024-003 - 140 Highland Road East, DSD-2024-075

Submission No.: B 2024-003
Applicant: Vive Development c/o Stephen Litt
Property Location: 140 Highland Road East
Legal Description: Tract German Company Sub Lot 17, Part Lot 366

Appearances:
In Support:

P. Chauvin

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested permission to create a triangular-shaped easement having a length of 13m along Spadina Road East, a width of 7.6m along the shared property line between 140 Highland Road East and 270 Spadina Road East, and an area of 40.2 sq.m. for the purposes of access in favour of and to 270 Spadina Road East.

The Committee considered Development Services Department report DSD-2024-075, dated February 2, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 5, 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.

P. Chauvin was in attendance in support of the application and staff’s recommendation.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of SPADINA HOLDING (KITCHENER) CORPORATION requesting permission to create a triangular-shaped easement having a length of 13m along Spadina Road East, a width of 7.6m along the shared property line between 140 Highland Road East and 270 Spadina Road East, and an area of 40.2 sq.m. for the purposes of access in favour of and to 270 Spadina Road East, on Tract German Company Sub Lot 17, Part Lot 366, 140 Highland Road East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall ensure 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:
  5. a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and
  6. b) 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.
  7. That the property owner shall ensure 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.
  8. 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.

ADJOURNMENT

On motion, this meeting adjourned at approximately 10:16 a.m.

Mariah Blake
Secretary-Treasurer
Committee of Adjustment