Committee of Adjustment

Committee Minutes

Tuesday, June 17, 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
• M. Melo, Member
• M. Gambetti, Member

Staff:

• T. Malone-Wright, Manager, Development Approvals
• S. Hajgato, Transport Planning Analyst
• 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. Gambetti

• "That the regular minutes of the Committee of Adjustment meeting held May 20, 2025, as circulated to the members, be accepted."

  Carried

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

There were no conflicts declared.

4.

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

5.

UNFINISHED BUSINESS

5.1

A 2024-075 - 96 Wood Street, DSD-2025-282

Submission No.: A 2025-075
Applicant: Nadajda Vladco & Natalia Podolean
Property Location: 96 Wood Street
Legal Description: Lot 28, Plan 287

Appearances:

In Support:

J. Dantzer

N. Podolean

N. Ryan

Contra:

M. Grieco

W. Rogers

J. & A. Steckly

E. Beyers

K. Snyder

J. Gaunt

C. Snyder

S. Cassidy

Written Submissions:

I. Cote

M. Grieco

T. Pilcher

J. Gaunt

A. Wong

E. Beyers

L. & W. Hickman

M. Rudy-Froese

P. Koop

J. Fowler

A. Gordon

W. Rogers

K. Snyder

O. Koop

Sarah

J. & A. Weber Steckly

M. Reynolds & N. Majury

K. Phillips

C. Puddy

A. Marshall

L. McDonald

A. Harding

T. Foster-Grieco

D. Kennedy

C. Snyder

E. Mulrooney

PJ. Mueller

K. & K. Kirk

A. Grieco

G. Grieco

S. Cassidy

The Committee was advised the applicant requested minor variances to permit a visibility obstruction 1.83m in height within one side of the Driveway Visibility Triangle (DVT) whereas the by-law permits a maximum height of 0.9m for a visibility obstruction; to permit a lot area of 393sq.m. rather than the minimum required 450sq.m.; to permit a front yard setback of 3.8m rather than the minimum required 4.5m; to permit an exterior side yard setback abutting York Street of 2.5m rather than the minimum required 4m; and, to permit a building height of 12m rather than the maximum permitted 11m to facilitate the redevelopment of the property with an 8-unit multiple dwelling.

The Committee considered Development Services Department report DSD-2025-282, dated June 6, 2025, recommending refusal as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 11, 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 June 2, 2025, advising they have no concerns with the subject application.

The Committee considered several written submissions from the neighbourhood related to the subject application. 

T. Malone-Wright noted the Committee deferred consideration of the subject application at two previous hearings to give the applicant an opportunity to prepare, submit and obtain approval of a Tree Protection and Enhancement Plan and a Planning Justification Report. T. Malone-Wright noted the Report and Plan submitted by the applicant does not meet the requirements of a ‘Terms of Reference’ staff provided to the applicant. Further, staff are not satisfied the requested variances satisfy any of the Four Tests of the Planning Act thus are recommending refusal of the application. 

N. Ryan, Masri O. Architects, was in attendance in opposition of the staff recommendation noting the applicant sufficiently addressed comments and concerns provided by staff. 

M. Grieco and W. Rogers were in attendance in opposition to the application noting the proposed development is too large for the lot size and may set precedent for other high-density developments that are not compatible with the neighbourhood characteristics. Additional concerns regarding insufficient parking, increased traffic congestion, obstructions to sightlines and inappropriate waste management were also expressed. 

The Committee expressed concerns with the proposed intensification, noting the development does not seem suitable for the size of the subject lot. Further, as outlined in the Staff report, the proposed building design and its' anticipated negative impact on existing street trees and the streetscape does not seem compatible with the established neighbourhood character, built form, or cultural heritage resources, and contradicts Official Plan policies, as such, the Committee stated they do not support approval of the application. The Committee further noted, the Tree Protection and Enhancement Plan and Planning Justification Report submitted by the applicant is inadequate in addressing these concerns. 

Moved by B. McColl

Seconded by M. Gambetti

• That the application of NADEJDA VLADCO and NATALIA PODOLEAN requesting minor variances to permit a lot area of 393sq.m. rather than the minimum required 450sq.m.; to permit a front yard setback of 3.8m rather than the minimum required 4.5m; to permit an exterior side yard setback abutting York Street of 2.5m rather than the minimum required 4.5m; and, to permit a building height of 12m rather than the maximum permitted 11m to facilitate the redevelopment of the property with an 8-unit multiple dwelling, on Lot 28, Plan 287, 96 Wood Street, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

  1. The variances requested in this application are 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 is 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

6.

NEW BUSINESS

6.1

A 2025-055 - 89 Matthew Street, DSD-2025-257

Submission No.: A 2025-055
Applicant: Walter & Theresa Sekoll
Property Location: 89 Matthew Street
Legal Description:  Part Lot 122, German Company Tract; being Part 1 on Reference Plan 58R-3292

Appearances:

In Support:

K. Boland

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit an Additional Dwelling Unit (ADU) (Detached) to have an area of 93sq.m. rather than the maximum permitted 80sq.m.

The Committee considered Development Services Department report DSD-2025-257, dated June 3, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 11, 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 June 2, 2025, advising they have no concerns with the subject application.

K. Boland, King Street Construction, was in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by M. Melo

• That the application of WALTER SEKOLL and THERESA SEKOLL requesting a minor variance to permit an Additional Dwelling Unit (ADU) (Detached) to have an area of 93sq.m. rather than the maximum permitted 80sq.m, generally in accordance with drawings prepared by Southwood Homes Architectural Design, dated April 24, 2025, on Part Lot 122, German Company Tract; being Part 1 on Reference Plan 58R-3292, 89 Matthew 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

6.2

A 2025-057 - 386 Wake Robin Crescent, DSD-2025-277

Submission No.: A 2025-057
Applicant: Kalpesh Bhatt
Property Location: 386 Wake Robin Crescent
Legal Description: Part Block 3, Plan 58M-55; being Parts 59, 60, 61, 62 & 63 on Reference Plan 58R-11873

Appearances:

In Support:

M. Ribau

Contra:

None

Written Submissions:

None

 

The Committee was advised the applicant requested the following minor variances to facilitate the development of a second storey addition onto an existing detached garage to facilitate the conversion of the detached garage into an Additional Dwelling Unit (ADU)(Detached), on a lot having a width of 9.2m rather than the required 10.5m; to permit an ADU (Detached) to have a building height of 5.4 m (flat roof) rather than the maximum permitted 3.0m; to permit an ADU (Detached) to be setback 0.1m from the easterly side lot line rather than the minimum required 0.9m; to permit an ADU (Detached) to be located in the area created by extending 4m from and parallel to any wall of the rear façade of the principal dwelling, whereas an ADU (Detached) shall not be located in this area; to permit a 1.1m wide unobstructed walkway from the sidewalk to the principal entrance of the Additional Dwelling Unit (Detached) to be periodically obstructed by vehicles that are actively passing to and from a required parking space; to permit eaves, as an Architectural Feature, to project more than 0.6m into the required minimum interior side yard setback, whereas a maximum projection of 0.6m is permitted; to permit a driveway width of 1.8m rather than the minimum required 2.6m; and, to permit 1 parking space for a Single Detached Dwelling with an ADU (Detached) rather than the minimum required 2 parking spaces.

The Committee considered Development Services Department report DSD-2025-277, dated June 6, 2025, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 11, 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 June 2, 2025, advising they have no concerns with the subject application.

T. Malone-Wright noted the subject application was previously considered by the Committee and was refused as it appeared human habitation would occur in the proposed detached garage which is not permitted by the Zoning By-law. Subsequently, the applicant appealed the Committee's decision to the Ontario Land Tribunal. It was further noted, staff advised the applicant, if they intend to develop a Detached ADU, the appropriate variances should be requested through a minor variance application.

M. Ribau, Perspective Views, was in attendance in support of the staff recommendation however requested the Committee amend Condition 2 of the staff recommendation outlined in Development Services Department report DSD-2025-277, to require the driveway modifications to be completed by December 2026 to allow the applicant sufficient time to complete the work.

In response, T. Malone-Wright advised the Committee, the conditions of the applications' approval need to be fulfilled for the minor variances to come into effect. As such, the applicant will not be able to obtain a building permit for the proposed ADU until December 2026 if the Committee grants the requested extension to the timeline outlined in Condition 2. T. Malone-Wright suggested Conditions 1 and 2 be satisfied through an agreement and the agreement state that the building occupancy, ADU construction and driveway modifications be completed within an appropriate timeline. 

B. McColl brought forward a motion to approve the application including an amendment that would allow for Conditions 1 and 2 outlined in report DSD-2025-277 to be completed through an agreement and for building occupancy, ADU construction and driveway modifications to be completed within an appropriate timeline as proposed by staff, which was seconded by M. Gambetti and was then voted on.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of KALPESH BHATT requesting the following minor variances to facilitate the development of a second storey addition onto an existing detached garage to facilitate the conversion of the detached garage into an Additional Dwelling Unit (Detached), on a lot having a width of 9.2m rather than the required 10.5m; to permit an ADU (Detached) to have a building height of 5.4 m (flat roof) rather than the maximum permitted 3.0m; to permit an ADU (Detached) to be setback 0.1m from the easterly side lot line rather than the minimum required 0.9m; to permit an ADU (Detached) to be located in the area created by extending 4m from and parallel to any wall of the rear façade of the principal dwelling, whereas an ADU (Detached) shall not be located in this area; to permit a 1.1m wide unobstructed walkway from the sidewalk to the principal entrance of the Additional Dwelling Unit (Detached) to be periodically obstructed by vehicles that are actively passing to and from a required parking space; to permit eaves, as an Architectural Feature, to project 0.9m into the required minimum interior side yard setback, whereas a maximum projection of 0.6m is permitted; to permit a driveway width of 1.8m rather than the minimum required 2.6m; and, to permit 1 parking space for a Single Detached Dwelling with an ADU (Detached) rather than the minimum required 2 parking spaces, generally in accordance with Attachment A – Drawings prepared by Perspective Views Architectural Design, dated May 13, 2025, as revised by Attachment B – Red-Line Revisions to Site Plan Drawing, prepared by Transportation Services, both attached to Development Services Department report DSD-2025-277, on Part Block 3, Plan 58M-55; being Parts 59, 60, 61, 62 & 63 on Reference Plan 58R-11873, 386 Wake Robin Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the Owner shall enter into a Registered Agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Manager, Development Approvals, which shall include the following:
     1. That the property owner shall implement Attachment A – Drawings prepared by Perspective Views Architectural Design, dated May 13, 2025, as revised by Attachment B – Red-Line Revisions to Site Plan Drawing, prepared by Transportation Services, both attached to Report DSD-2025-277, including, but not limited to, the Additional Dwelling Unit (Detached), modified driveway, delineated parking space, unobstructed walkway, and ‘No Parking’ signage, to the satisfaction of the City’s Director of Transportation Services and City’s Director of Development and Housing Approvals. As shown on said drawings, the driveway shall be comprised of a material that is consistent throughout the driveway and delineated parking space, and that is different and distinguishable (by colour and texture, or material) from any other ground cover or surfacing on the lot including, but not limited to, landscaping and unobstructed walkway. The Owner agrees to maintain the property in accordance with the approved drawings for the life of the Additional Dwelling Unit (ADU)(Detached).
     2. That the property owner shall complete the work, identified in Condition 1 i) stated above, by December 1st, 2026 OR prior to the completion and final sign-off of the Building Permit and ‘Occupancy’ of the Additional Dwelling Unit (ADU) (Detached), whichever comes first. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void.
     3. The following clause(s) shall be included in all future Agreements of Purchase and Sale and all future lease/rental agreements for all residential dwelling units on the Subject Property:

  “No parking shall be permitted on any part of the driveway or unobstructed walkway, as shown in Attachment B – Red-Line Revisions to Site Plan Drawing, prepared by Transportation Services, to Report DSD-2025-277. The only permitted on-site parking space is the one delineated parking space shown on said drawing located at the rear of the primary dwelling unit. Take note that parking on part of the driveway or unobstructed walkway where not permitted or removal of the required ‘no parking’ signage may lead to penalties, including, without limitation, fines imposed in accordance with the Planning Act and City of Kitchener By-laws.”

  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

6.3

A 2025-058 - 175 Hoffman Street, DSD-2025-259

Submission No.: A 2025-058
Applicant: 1000974944 Ontario Inc.& 1000213586 Ontario Inc. c/o Kyle Ford
Property Location: 175 Hoffman Street
Legal Description: Part Lot 24, Plan 384

Appearances:

In Support:

K. Ford

R. D'Alessandro

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to permit balconies supported by the ground to project 1.5m into the easterly side yard, whereas the Zoning By-law does not permit balconies to project if they are supported by the ground, to facilitate the development of balconies on a 3-storey building having 14 dwelling units in accordance with Site Plan Application SP24/009/H/ES.

The Committee considered Development Services Department report DSD-2025-259, dated June 4, 2025, recommending subject to a condition as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 11, 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 June 2, 2025, advising they have no concerns with the subject application.

R. D'Alessandro, NEO Architecture Inc., was in attendance in support of the staff recommendation.

Moved by M. Melo

Seconded by M. Gambetti

• That the application of 1000213586 ONTARIO INC and 1000974944 ONTARIO INC c/o KYLE FORD requesting a minor variance to permit balconies supported by the ground to project 1.5m into the easterly side yard, whereas the Zoning By-law does not permit balconies to project if they are supported by the ground, to facilitate the development of balconies on a 3-storey building having 14 dwelling units in accordance with Site Plan Application SP24/009/H/ES, generally in accordance with drawings prepared by Schickler Design, dated April 21, 2025, on Part Lot 24, Plan 384, 175 Hoffman Street, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That the property owner shall submit an updated Stamp Plan B Site Plan Application or update Site Plan Application SP24/009/H/ES, to the satisfaction of the City’s Manager of Site Plans.

  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

6.4

A 2025-059 - 22 Parkglen Street, DSD-2025-267

Submission No.: A 2025-059
Applicant: Davinder Shandal & Seema Sharma
Property Location: 22 Parkglen Street
Legal Description: Lot 24, Plan 58M-594

Appearances:

In Support:

M. Kaur

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a rear yard setback of 2.6m rather than the minimum required 7m to facilitate the construction of a sunroom addition to an existing detached dwelling.

The Committee considered Development Services Department report DSD-2025-267, dated June 4, 2025, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 2, 2025, advising that they have no concerns with the subject application.

M. Kaur was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of DAVINDER SHANDAL and SEEMA SHARMA requesting a minor variance to Zoning By-law 85-1 to permit a rear yard setback of 2.6m rather than the minimum required 7m to facilitate the construction of a sunroom addition to an existing detached dwelling, generally in accordance with drawings prepared by KS Group of Designers Inc., dated February 2025, on Lot 24, Plan 58M-594, 22 Parkglen 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

6.5

B 2025-018 - 73 Second Avenue, DSD-2025-283

Submission No.: B 2025-018
Applicant: Weijie Zhang
Property Location: 73 Second Avenue
Legal Description: Lot 33, Plan 254

Appearances:

In Support:

W. Zhang

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 10m, a depth of 40.2m and an area of 404.7sq.m. The retained land will have a width of 10m, a depth of 40.2m and an area of 404.7sq.m. Both the severed and retained land are proposed to be developed with Duplex Dwellings.

The Committee considered Development Services Department report DSD-2025-283, dated June 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 June 11, 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 June 2, 2025, advising they have no concerns with the subject application.

W. Zhang was in attendance in support of the staff recommendation.

It was noted the Region of Waterloo requested the Committee include a condition of approval requiring the applicant makes satisfactory financial arrangements to the Region of Waterloo for the consent application review fee.  

M. Gambetti brought forward a motion to approve the application as outlined in report DSD-2025-283 including an amendment for an additional condition requiring the applicant make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee which was seconded by M. Melo and was then voted on.

Moved by M. Gambetti

Seconded by M. Melo

• That the application of WEIJIE ZHANG requesting consent to sever a parcel of land having a width of 10m, a depth of 40.2m and an area of 404.7sq.m. on Lot 33, Plan 254, 73 Second Avenue, 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 a Demolition Permit for the existing detached dwelling and any accessory buildings/structures proposed to be demolished, to the satisfaction of the Chief Building Official, and shall remove the existing dwelling and any accessory buildings/structures prior to deed endorsement.
  5. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.
  6. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the Severed and Retained lands, which shall include the following:

  1. 1. That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City’s Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City’s Director, Parks and Cemeteries.
     2. The property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director, Parks and Cemeteries.
     3. The property owner shall maintain the Severed and Retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.

  7. 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, as amended

6.6

B 2025-019, B 2025-020, A 2025-060 & A 2025-061 - 181 Borden Avenue North, DSD-2025-285

Submission No.: B 2025-019, B 2025-020, A 2025-060 & A 2025-061
Applicant: Craig McRae Robson Professional Corporation c/o Craig Robson
Property Location: 181 Borden Avenue North
Legal Description: Part Lots 7 & 9, Plan 655

Appearances:

In Support:

C. Robson

G. Eveleigh

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 10.2m on Borden Avenue North, a depth of 30.5m and an area of 310.7sq.m. The retained land will have a width of 10.2m on Second Avenue, a depth of 30.5m and an area of 311.2sq.m. Both the severed and retained land are proposed to have 3-storey dwellings containing 4-units. Consent is also requested to create an easement over the shared lot line of the severed and retained land having a width at the front of the parcel of 1.9m and 3m at the rear of the parcel, an overall depth of 30.5m and an area of 65.1sq.m. to facilitate shared driveway access for both the severed and retained lands. Minor variances are also being requested to permit balconies for the proposed dwelling units on both the severed and retained lands that are supported by the ground to project into the required front yard, whereas balconies that project into the front yard and are supported by the ground are not permitted; to permit a minimum driveway width immediately adjacent to any building or structure of 1.8m rather than the minimum required 3m; and, to permit a driveway width of 8.7m rather than the maximum permitted 8m to facilitate the severance of the lot and a shared driveway for the proposed dwellings.

The Committee considered Development Services Department report DSD-2025-285, dated May 26, 2025, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 11, 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 June 2, 2025, advising they have no concerns with the subject application.

G. Eveleigh, Polocorp Inc., was in attendance in support of the staff recommendation.

It was noted the Region of Waterloo requested the Committee include a condition of approval requiring the applicant makes satisfactory financial arrangements to the Region of Waterloo for the consent application review fee.  

B. McColl brought forward a motion to approve the subject applications as outlined in report DSD-2025-285 including an amendment for an additional condition requiring the applicant make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee, which was seconded by M. Melo and was then voted on. 

• Submission No. B 2025-019

  Moved by B. McColl

  Seconded by M. Melo

  That the application of CRAIG MCRAE ROBSON PROFESSIONAL CORPORATION c/o CRAIG ROBSON requesting consent to sever a parcel of land having a width of 10.2m on Borden Avenue North, a depth of 30.5m and an area of 310.7sq.m. including an easement with a width of 1.9 to 3.0m, depth of 30.5m, and area of 65.1 sq.m. on Part Lots 7 & 9, Plan 655, 181 Borden Avenue North, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Applications A 2025-060 and A 2025-061 receive final approval.
  2. That Consent Application B 2025-020 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 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  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 prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, to the satisfaction of the City’s Manager, Site Plans, for the Severed and Retained lands. 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, including permission letters from contiguous landowners whose trees will be potentially impacted by the development. If necessary, the Plan shall include required mitigation and or compensation measures.
  12. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the Severed and Retained lands, which shall include the following:
      1. That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City’s Director Parks and Cemeteries. Said plan shall reflect the Plan approved by the Manager, Site Plans including, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City’s Director, Parks and Cemeteries and Manager, Site Plans.
      2. The property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director, Parks and Cemeteries and Manager, Site Plans.
      3. The property owner shall maintain the Severed and Retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.
      4. The side yard currently accommodates overland stormwater flows from the rear yard. A sidewalk is required to the rear yard in accordance with the Zoning By-law. The final grading of this property shall not adversely affect the drainage of adjacent properties or the overall grading control plan. The property owner is responsible to address storm water drainage at the Building Permit stage.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. That the property owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering.
  19. 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, as amended
• Submission No. B 2025-020

  Moved by B. McColl

  Seconded by M. Melo

  That the application of CRAIG MCRAE ROBSON PROFESSIONAL CORPORATION c/o CRAIG ROBSON requesting consent to create an easement over the shared lot line of the severed and retained lands (created through Consent Application B 2025-019) having a width at the front of the parcel of 1.9m and 3m at the rear of the parcel, an overall depth of 30.5m and an area of 65.1sq.m. to facilitate shared driveway access for both the severed and retained lands, on Part Lots 7 & 9, Plan 655, 181 Borden Avenue North, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Applications A 2025-060 and A 2025-061 receive final approval.
  2. That Consent Application B 2025-019 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 $350.00.

  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, as amended
• Submission No. A 2025-060

  Moved by B. McColl

  Seconded by M. Melo

  That the application of CRAIG MCRAE ROBSON PROFESSIONAL CORPORATION c/o CRAIG ROBSON requesting minor variances to permit a balcony with columns supported by the ground to project 1.5m into the required front yard, whereas balconies that project into the front yard and are supported by the ground are not permitted; and, to permit a driveway width of 8.7m rather than the maximum permitted 8m, to facilitate the redevelopment of the severed parcel of land created through Consent Application B 2025-019 generally in accordance with drawings prepared by Polocorp, dated May 13, 2025, on Part Lots 7 & 9, Plan 655, 181 Borden 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
• Submission No. A 2025-061

  Moved by B. McColl

  Seconded by M. Melo

  That the application of CRAIG MCRAE ROBSON PROFESSIONAL CORPORATION c/o CRAIG requesting minor variances to permit a balcony with columns supported by the ground to project 1.5m into the required front yard, whereas balconies that project into the front yard and are supported by the ground are not permitted; and, to permit a driveway width of 8.7m rather than the maximum permitted 8m, to facilitate the redevelopment of the retained parcel of land created through Consent Application B 2025-019 generally in accordance with drawings prepared by Polocorp, dated May 13, 2025, on Part Lots 7 & 9, Plan 655, 181 Borden 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

7.

ADJOURNMENT

On motion, the meeting adjourned at 10:54 a.m.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment