Committee of Adjustment

Committee Minutes

Tuesday, February 18, 2025 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• B. Santos, Chair
• B. McColl, Member
• A. Brennan, Member
• M. Melo, Member

Staff:

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

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1.

COMMENCEMENT

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

2.

MINUTES

Moved by B McColl

Seconded by M. Melo 

• "That the regular minutes of the Committee of Adjustment meeting held January 21, 2025, 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 2025-005 - 42 Hillcrest Lane, DSD-2025-060

Submission No.: A 2025-005
Applicant: Robert Saunders
Property Location: 42 Hillcrest Lane
Legal Description: Lot 12, Plan 1186

Appearances:

In Support:

R. Saunders

H. Rodger

Contra:

None

Written Submissions:

W. & B. Brown                                                                 

The Committee was advised the applicant requested permission to permit a driveway to be located 0.6m from the southerly side lot line rather than the minimum required 1.2m to facilitate a driveway widening to improve functionality of the driveway.

The Committee considered Development Services Department report DSD-2025-060, dated February 5, 2025, recommending approval subject to a condition as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2025, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 31, 2025, advising they have no concerns with the subject application.

R. Saunders and H. Rodger were in attendance in support of the staff recommendation.

In response to questions from the Committee, R. Saunders and H. Rodger advised, an arborist will assess the property to evaluate potential impact on trees near the driveway due to the proposed driveway widening. It was further noted, the property owner will take appropriate measures to address any concerns the arborist may identify.

Moved by B. McColl

Seconded by M. Melo 

• That the application of ROBERT SAUNDERS and HEATHER RODGER requesting a minor variance to permit a driveway to be located 0.6m from the southerly side lot line rather than the minimum required 1.2m to facilitate a driveway widening to improve functionality of the driveway, on Lot 12, Plan 1186, 42 Hillcrest Lane, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That the property owner shall make satisfactory financial arrangements to the Grand River Conservation Authority (GRCA) for the minor consent application review fee of $300.

  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 2025-006 - 19 Carlin Avenue, DSD-2025-059

Submission No.: A 2025-006
Applicant: Vesselin Vassilev
Property Location: 19 Carlin Avenue
Legal Description: Lot 26, Plan 923

Appearances:

In Support:

V. Vassilev

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a deck to be located 2.3m from the rear lot line rather than the required 4.0m; and, to permit a rear yard setback of 4.4m rather than the required 7.5m as the rear lot currently functions as a side yard to facilitate the development of 2 Additional Dwelling Units (ADU) (Attached) in the existing Single Detached Dwelling. The minor variances are required as the Zoning By-law defines the technical front yard for the property to be on Dixon Street.

The Committee considered Development Services Department report DSD-2025-059, dated February 7, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2025, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 31, 2025, advising they have no concerns with the subject application.

V. Vassilev was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by A. Brennan 

• That the application of VESSELIN VASSILEV and GERGANA VASSILEVA requesting minor variances to permit a deck to be located 2.3m from the rear lot line rather than the required 4.0m; and, to permit a rear yard setback of 4.4m rather than the required 7.5m as the rear lot currently functions as a side yard to facilitate the development of 2 Additional Dwelling Units (ADU) (Attached) in the existing Single Detached Dwelling, generally in accordance with drawings prepared by Vesselin Vassilev, dated January 6, 2025, on Lot 26, Plan 923, 19 Carlin 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 2025-007 - 864 King Street West, DSD-2025-073

Submission No.: A 2025-007
Applicant: King Pine Kitchener Inc.
Property Location: 864 King Street West
Legal Description: Lots 306, 319, 320, Plan 385, Part Lots 304, 305, 312; being Part 1 on Reference Plan 58R-8237

Appearances:

In Support:

C. Dumart

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit the physical separation of the 7th storey of a proposed multiple dwelling to be setback 3.1m from the easterly lot line rather than the required 4.2m to facilitate the development of the site with a 45-storey building in accordance with Site Plan Application SP24/069/K/ES.

The Committee considered Development Services Department report DSD-2025-073, dated February 6, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2025, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 31, 2025, advising they have no concerns with the subject application.

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

Moved by M. Melo 

Seconded by A. Brennan 

• That the application of KING PINE KITCHENER INC requesting a minor variance to permit the physical separation of the 7th storey of a proposed multiple dwelling to be setback 3.1m from the easterly lot line rather than the required 4.2m to facilitate the development of the site with a 45-storey building in accordance with Site Plan Application SP24/069/K/ES, on Lots 306, 319, 320, Plan 385, Part Lots 304, 305, 312; being Part 1 on Reference Plan 58R-8237, 864 King Street West, 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

5.4

A 2025-008 - 1035 Ottawa Street North, DSD-2025-058

Submission No.: A 2025-008
Applicant: Corporation of the City of Kitchener
Property Location: 1035 Ottawa Street North
Legal Description: Part Lot 12, Plan 1278

Appearances:

In Support:

P. Tolton

D. Encheva

S. Higgins

Contra:

None

Written Submissions:

E. Zach

Z. Piercey

The Committee was advised the applicant requested permission to permit a canopy to be ground supported, having a projection of 1.5m into the front yard, and being located 0m from the street line whereas the Zoning By-Law requires a canopy not to be ground supported, having a maximum projection of 1.8m, and being located a minimum of 0.6m from the street line; to permit the proposed multiple dwelling to have 53 parking spaces (0.74 parking spaces per dwelling unit, inclusive of visitor parking) rather than the minimum required 72 parking spaces (0.9 parking spaces per dwelling unit and 0.1 visitor parking spaces per dwelling unit); to permit a southerly side yard abutting a residential zone to be setback 5.3m rather than the minimum required 7.5m; to permit a rear yard setback of 3.9m rather than the minimum required 7.5m; to permit 0% non-residential gross floor area rather than the minimum required 20% non-residential gross floor area; to permit a minimum ground floor building height for any building with a street line façade of 4.0m along River Road East, and a street line façade of 3.0m along Holborn Court rather than the minimum required 4.5m; to permit a minimum of 35% of street line façade openings along River Road East, and 10% of street line façade openings along Holborn Court rather than the minimum of 50% street line façade openings to facilitate the development of a 6-storey multiple dwelling having 53 dwelling units and three 3-storey buildings having 6 unit stacked townhouse dwellings for a total of 71 affordable housing units.

The Committee considered Development Services Department report DSD-2025-058, dated February 5, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2025, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 31, 2025, advising they have no concerns with the subject application.

T. Malone-Wright noted the variances related to the parking reduction and the reduction of the non-residential floor area are no longer required due to a recent Zoning By-law amendment, however these variances are being forward to the Committee this date as the Zoning By-Law amendment was recently approved and has yet to come into effect.

P. Tolton and D. Encheva, ABA Architects Inc. were in attendance in support of the staff recommendation.

Moved by A. Brennan

Seconded by B. McColl 

• That the application of the CORPORATION OF THE CITY OF KITCHENER requesting minor variances to permit a canopy to be ground supported, having a projection of 1.5m into the front yard, and being located 0m from the street line whereas the Zoning By-Law requires a canopy not to be ground supported, having a maximum projection of 1.8m, and being located a minimum of 0.6m from the street line; to permit the proposed multiple dwelling to have 53 parking spaces (0.74 parking spaces per dwelling unit, inclusive of visitor parking) rather than the minimum required 72 parking spaces (0.9 parking spaces per dwelling unit and 0.1 visitor parking spaces per dwelling unit); to permit a southerly side yard abutting a residential zone to be setback 5.3m rather than the minimum required 7.5m; to permit a rear yard setback of 3.9m rather than the minimum required 7.5m; to permit 0% non-residential gross floor area rather than the minimum required 20% non-residential gross floor area; to permit a minimum ground floor building height for any building with a street line façade of 4.0m along River Road East, and a street line façade of 3.0m along Holborn Court rather than the minimum required 4.5m; to permit a minimum of 35% of street line façade openings along River Road East, and 10% of street line façade openings along Holborn Court rather than the minimum of 50% street line façade openings to facilitate the development of a 6-storey multiple dwelling having 53 dwelling units and three 3-storey buildings having 6 unit stacked townhouse dwellings for a total of 71 affordable housing units, generally in accordance with drawings prepared by ABA Architects Inc., dated September 2, 2024, on Part Lot 12, Plan 1278, 1035 Ottawa Street 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

5.5

A 2025-009 - 775 Queen Street South, DSD-2025-071

Submission No.: A 2025-009
Applicant: Erik Erwin
Property Location: 775 Queen Street South
Legal Description: Lot 10, Part Lot 11, Plan 297

Appearances:

In Support:

C. Dumart

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission for the enlargement or extension of a legal non-conforming use, a Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) (Duplex) to facilitate the addition of an Additional Dwelling Unit (ADU) (Detached) with 2 dwelling units, for a total of 4 dwelling units on the subject property in a "Mixed Use Zone (MIX-1)".

The Committee considered Development Services Department report DSD-2025-071, dated February 7, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 27, 2025, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 31, 2025, advising they have no concerns with the subject application.

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

Moved by A. Brennan 

Seconded by B. McColl

• That the application of ERIK ERWIN requesting permission for the enlargement or extension of a legal non-conforming use, a Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) (Duplex) to facilitate the addition of an Additional Dwelling Unit (ADU) (Detached) with 2 dwelling units, for a total of 4 dwelling units on the subject property in a "Mixed Use Zone (MIX-1)", generally in accordance with the plan received on January 22, 2025, prepared by Craig Dumart, on Lot 10, Part Lot 11, Plan 297, 775 Queen Street South, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

  1. The approval of this application is in the public interest as the proposed development will provide a form of gentle intensification.
  2. The enlargement or extension will not result in any adverse or unacceptable impacts on abutting properties as a dwelling unit is a permitted use in a "Mixed Use Zone (MIX-1)".

  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 2025-002 - 685 Fischer Hallman Road, DSD-2025-043

Submission No.: B 2025-002
Applicant: 1465762 Ontario Limited c/o Sharon Shaw
Property Location: 685 Fischer Hallman Road
Legal Description: Part Lot 47, German Company Tract

Appearances:

In Support:

C. Stoyanovich

S. Smallwood

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a long-term lease, for a period of greater than 21 years for a building and drive-through, occupied by the 'Wendy's Restaurant' identified as Building 'B' on the plan submitted with the application.

The Committee considered Development Services Department report DSD-2025-043, dated January 24, 2025, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 31, 2025, advising they have no concerns with the subject application subject to a condition as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 31, 2025, advising they have no concerns with the subject application.

C. Stoyanovich, CTS Planning & Land Development Services, was in attendance in support of the staff recommendation however requested the Committee remove condition 7 outlined in Development Services Department Report, DSD-2025-043 as the condition relates to an agreement required for severances whereas the application being considered this date is related to a long-term lease. T. Malone-Wright noted Staff are in support of this request as condition 4 outlined in the Staff report is satisfactory in ensuring any existing easements or restricted covenants on the subject land are addressed.

B. McColl brought forward a motion to approve the staff recommendation including an amendment to remove condition 7, as outlined in Development Services Department Report, DSD-2025-043.

Moved by B. McColl

Seconded by M. Melo

• That the application of 1465762 ONTARIO LIMITED requesting consent to permit a long-term lease, for a period of greater than 21 years for a building and drive-through, occupied by the 'Wendy's Restaurant' identified as Building 'B' on the plan submitted with the application, on Part Lot 47, German Company Tract, 685 Fischer Hallman Road, 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 verify, in writing, whether the Lease Agreement is affected by any required or existing easements and/or restricted covenants, to confirm the necessary arrangements for servicing, shared parking and access are in place.
  5. That the property owner shall verify, in writing, that the subject property has been developed in accordance with the Approved Site Plan Agreement, and if necessary, the Site Plan Agreement is to be amended to include any required revisions and/or updates.
  6. That the property owner shall verify, in writing, that the Lease Agreement complies with and fulfils all pertinent provisions of the Ontario Planning Act.

  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

5.7

B 2025-003 & A 2025-010 - 180 Ahrens Street West, DSD-2025-045

Submission No.: B 2025-003 & A 2025-010
Applicant: Craig Dumart
Property Location: 180 Ahrens Street West
Legal Description: Part Lots 1 & 2, Plan 75

Appearances:

In Support:

C. Dumart

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 14.8m on Wilhelm Street, a depth of 22.8m and an area of 318sq.m. The retained land will have a width of 13.7m on Ahrens Street West, a depth of 24m and an area of 372sq.m. The severed and retained lands are each proposed to be developed with a new detached dwelling. A minor variance is also requested to permit the severed land to have a front yard setback of 4.5m rather than the minimum required 9.75m to facilitate the creation of the proposed lot and the future detached dwelling.

The Committee considered Development Services Department report DSD-2025-045, dated February 5, 2025, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 31, 2025, and January 27, 2025, advising they have no concerns with the subject application subject to a condition as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 31, 2025, advising they have no concerns with the subject application.

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

• Application No. B 2025-003

  Moved by M. Melo

  Seconded by B. McColl

  That the application of CRAIG DUMART requesting consent to sever a parcel of land having a width of 14.8m on Wilhelm Street, a depth of 22.8m and an area of 318sq.m. on Part Lot s1 & 2, Plan 75, 180 Ahrens Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A 2025-010 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s).  The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the property owner shall ensure the existing foundation be removed to the satisfaction of the City’s Manager, Development Approvals and Chief Building Official.
  6. That the property owner shall:
     1. Prepare a Tree Preservation Plan for the Severed and Retained lands, in accordance with the City’s Tree Management Policy, to be approved by the City’s Manager, Site Plans, and where necessary, implemented prior to any demolition, grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures.
     2. Further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Manager, Site Plans.
     3. Maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.
  7. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,892.00.
  8. The property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, which shall acknowledge that the severed lands are un-serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are unserviced. The said agreement shall be to the satisfaction of the Director of Engineering Services and the City Solicitor and shall be registered on title to the severed lands.
  9. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.

  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
• Application No. A 2025-010

  Moved by M. Melo

  Seconded by B. McColl

  That the application of CRAIG DUMART requesting a minor variance to permit a severed parcel of land (created through Consent Application B 2025-003) to have a front yard setback of 4.5m rather than the minimum required 9.75m to facilitate the development of a detached dwelling, generally in accordance with drawings prepared by David Craig Dumart, dated January 21, 2025, on Part Lots 1 & 2, Plan 75, 180 Ahrens Street West, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

  1. The variance 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

5.8

B 2025-004, B 2025-005, A 2025-011 & A 2025-012 - 86 Florence Avenue, DSD-2025-046

Submission No.: B 2025-004, B 2025-005, A 2025-011 & A 2025-012
Applicant: LSDM Corp. c/o Knezevic Mirko
Property Location: 86 Florence Avenue
Legal Description: Lot 110, Plan 308

Appearances:

In Support:

B. Jokanovic

Contra:

F. Furtado

Written Submissions:

None

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 9.9m, a depth of 48.7m and an area of 582.6sq.m. The retained land will have a width of 10.5m, a depth of 48.7m and an area of 512.7sq.m. Consent is also requested to create an easement on the severed land having a width of 1.45m, a length of 48.7m and an area of 70.71sq.m; and, to create an easement on the retained land having a width of 2m, a length of 48.7m and an area of 98.51sq.m for the purpose of a shared driveway between the severed and retained lands. Minor variances are also requested to permit the severed land to have a width of 9.9m rather than the minimum required 10.5m; a front yard setback of 7.92m rather than the minimum required 9.65m; to permit a driveway to have a minimum width of 1.45m rather the required 2.6m; and, a maximum driveway width in the rear yard of 10m rather than the permitted 8.0m. Minor variances are also requested to permit the retained land to have a front yard setback of 7.92m rather than the minimum required 11.65m; to permit a driveway to have a minimum width of 2m rather than the required 2.6m; and, a maximum driveway width in the rear yard of 9m rather than the permitted 8.0m. The severed and retained lands are each proposed for residential dwellings each containing 4 dwelling units.

The Committee considered Development Services Department report DSD-2025-046, dated February 5, 2025, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 31, 2025, and January 27, 2025, advising they have no concerns with the subject application subject to conditions as outlined in the report. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 31, 2025, advising they have no concerns with the subject application.

B. Jokanovic, Bobicon Ltd., was in attendance in support of the staff recommendation however requested the Committee remove condition 11 outlined in Development Services Department Report, DSD-2025-046 for Consent Application B 2025-004 as condition 9 already addresses financial compensation for the removal of street trees. Further, B. Jokanovic noted Condition 15 regarding the construction of a driveway is unclear as it does not identify the stage in building development that the construction of the driveway is required; and, whether the surface of the driveway or rather, a fully finished driveway needs to be installed prior to building occupancy. In response, T. Malone-Wright clarified, condition 9 addresses impacts to street trees whereas condition 11 addresses impacts to trees on the adjacent property. In addition, T. Malone-Wright noted Staff normally require the property owner provide a declaration affirming that the driveway will be built in accordance with City requirements after deed endorsement.

F. Furtado was in attendance in opposition to the application, citing concerns with the limited availability of street parking. Additionally, F. Furtado noted the proposed dwellings will be in close proximity to his property line, which would reduce the size of his backyard and obstruct sunlight. It was also noted the existing single dwelling on the subject property is poorly maintained, thus it is unlikely the proposed two-storey dwelling will be properly maintained. In response, B. Jokanovic noted the Zoning By-Law permits more density on the property.

A motion was then brought forward by B. McColl and seconded by M. Melo to approve the subject applications as outlined in the report.

• Application No. B 2025-004

  Moved by B. McColl

  Seconded by M. Melo

  That the application of LSDM CORP c/o KNEZEVIC MIRKO requesting consent to sever a parcel of land having a width of 9.9m, a depth of 48.7m and an area of 582.6sq.m., including an easement with a width of 4.3m, depth of 48.6m and area of 96.9sq.m., on Lot 110, Part Lots 109, 111 & 116, Plan 308, 86 Florence Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1.    That Minor Variance Applications A 2025-011 and A 2025-012 receive final approval. 
   
  2.    That Consent Application B 2025-005 receive final approval. 
   
  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 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 proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. 
   
  6.    That the property owner shall ensure the existing garage and fencing be removed to the satisfaction of the City’s Director, Development and Housing Approvals. 
   
  7.    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. 
   
  8.    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. 
   
  9.    That the property owner shall make arrangements for financial compensation in the amount of $3,600 for the tree to be removed, to the satisfaction of the City’s Director, Parks and Cemeteries. 
   
  10.    That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 
   
  11.    That the property owner shall: 
   
  a.    Prepare a Tree Preservation Plan for the Severed and Retained lands, in accordance with the City’s Tree Management Policy, to be approved by the City’s Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. 
   
  b.    Further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Manager, Site Plans. 
   
  c.    Maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 
   
  12.    That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 
   
  13.    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. 
   
  14.    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. 
   
  15.    That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the property owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services. 
   
  16.    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. 
   
  17.    That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Manager, Development Applications: 
   
  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 
   
  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. 
   
  18.    That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 
   
  19.    That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350. 

   

  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
• Application No. B 2025-005

  Moved by B. McColl

  Seconded by M. Melo

  That the application of LSDM CORP c/o KNEZEVIC MIRKO requesting consent to create an easement on the severed land having a width of 1.45m, a length of 48.7m and an area of 70.71sq.m; and, to create an easement on the retained land having a width of 2m, a length of 48.7m and an area of 98.51sq.m for the purpose of a shared driveway between the severed and retained lands, on Lot 110, Part Lots 109, 111 & 116, Plan 308, 86 Florence Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Applications A 2025-011 and A 2025-012 receive final approval.
  2. That Consent Application B 2025-004 receive final approval.
  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 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.
  5. 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.
  6. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Manager, Development Applications:
     1. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and
     2. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City.
  7. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor 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.                                                                                                                                           

  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
• Application No. A 2025-011

  Moved by B. McColl

  Seconded by M. Melo

  That the application of LSDM CORP requesting minor variances to permit a severed parcel of land (created through Consent Application B 2025-004) to have a width of 9.9m rather than the minimum required 10.5m; a front yard setback of 7.9m rather than the minimum required 9.65m; to permit a driveway to have a minimum width of 1.45m rather the required 2.6m; and, a maximum driveway width in the rear yard of 10m rather than the permitted 8.0m, generally in accordance with drawings prepared by Bobicon Ltd., dated January 3, 2025, on Lot 110, Part Lots 109, 111 & 116, Plan 308, 86 Florence 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
• Application No. A 2025-012

  Moved by B. McColl

  Seconded by M. Melo

  That the application of LSDM CORP requesting minor variances to permit a retained parcel of land (created through Consent Application B 2025-004) to have a front yard setback of 7.9m rather than the minimum required 11.6m; to permit a driveway to have a minimum width of 2.1m rather than the required 2.6m; and, a maximum driveway width in the rear yard of 9m rather than the permitted 8.0m, generally in accordance with drawings prepared by Bobicon Ltd., dated January 3, 2025, on Lot 110, Part Lots 109, 111 & 116, Plan 308, 86 Florence 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.

ADJOURNMENT

On motion, the meeting adjourned at 10:45 a.m.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment