Submission No.: B 2025-013 & A 2025-042
Applicant: Malia Inc c/o David Salvatore
Property Location: 1100 Union Street
Legal Description: Plan 789, Lot 25
Appearances:
In Support:
D. Salvatore
C. Dumart
C. Meekison
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to sever a parcel of land having a width of 17.1m on Union Lane, a depth of 16.8m and an area of 235sq.m and is proposed for a new detached dwelling. The retained land will have a width of 16.8m, a depth of 22.9m and an area of 378sq.m and will contain an existing triplex dwelling. Minor variances are also being requested to permit the severed land not to have a frontage on a street whereas the Zoning By-law requires all lots to have a frontage on a street; and, to permit a rear yard setback of 5m rather than the required 7.5m, to facilitate the development of the new detached dwelling on the proposed severed parcel.
The Committee considered Development Services Department report DSD-2025-169, dated April 2, 2025, recommending refusal as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 2025 & March 31, 2025, advising they have no objection with the application subject to the submission of the consent review fee.
The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 28, 2025, advising they have no concerns with the subject application.
T. Malone advised the Committee that Staff are recommending refusal of the subject applications as the minor variance and consent requests do not facilitate a lot frontage on a public street whereas the Provincial Planning Statement, Regional Official Plan and the City's Zoning By Law do not support the creation of lots without a frontage on a street. T. Malone-Wright further stated concerns that the proposed severed lands will not be adequately serviced with a full range of municipal services including vehicular access, pedestrian access, emergency services access, waste collection access, service from a municipal drinking water system, sanitary service, stormwater management, snow removal, streetlights, on-street parking, street trees, telecommunications utilities, hydro and gas utilities. T. Malone-Wright also noted the dimensions and shapes of the proposed lots are very small in comparison to the lot pattern in the area and may not be a sufficient size to accommodate a detached dwelling with four dwelling units. In addition, Staff are not confident the parcel resulting from the proposed severance will meet Zoning requirements as a drawing outlining parking requirements as it relates to walkways and landscaping was not provided.
C. Dumart was in attendance in opposition to the staff recommendation noting the City's Emergency Services, Transportation Services and Engineering Division reviewed the application and expressed no concerns with the subject applications as outlined in the Staff Report. Further, C. Dumart stated an opinion that Union Lane functions as a local street as it provides adequate frontage on the street for existing dwellings, has streetlights, on street markings and curbs on both sides of the street for stormwater management. It was further noted, Union Lane is maintained year-round and provides both vehicular and pedestrian access to several existing homes including a multiple unit dwelling. C. Dumart provided a list of streets in the City of Kitchener that do not meet the technical definition of a street but have properties without a frontage on the street. In addition, C. Dumart noted the Committee has previously approved minor variances for properties without a frontage on a public street.
T. Malone Wright clarified that the Committee has not considered minor variances related to Zoning By Law 2019-051 for properties without a frontage on a public street.
In response to questions from the Committee regarding municipal services, C. Dumart advised the City's Engineering Department is in support of extending services to Union Lane for the purpose of the subject application. Further, the applicant is willing to pay for the extension of municipal services. In response to additional questions from the Committee, C. Dumart advised a revised Zoning Occupancy Certificate application has been submitted for the existing three unit dwelling to demonstrate Zoning requirements for walkway access to the dwelling have been met. It was also noted a curb cut permit has been issued to facilitate the removal of parking at the rear of the property for the provision of adequate landscaping. C. Dumart advised the proposed 68sq.m. of amenity space exceeds the minimum lot requirements.
C. Meekison, a neighbouring property owner was in attendance in support of the application.
M. Gambetti brought forward a motion to approve Consent Application B 2025-013 and Minor Variance Application A 2025-042 - 1100 Union Street as outlined in Attachment 'B' of Development Services Department report DSD-2025-169. The motion was seconded by A. Brennan, was then voted on and Carried.