Committee of Adjustment

Committee Minutes

Tuesday, July 16, 2024 at 10:00 A.m. - 12:00 P.m.

Conestoga Room

City of Kitchener

200 King Street W, Kitchener, ON N2G 407

Present:

• D. Pateman, Chair
• B. Santos, Member
• M. Gambetti, Member
• B. McColl, 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 10:03 a.m.

2.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held June 18, 2024, as circulated to the members, be accepted.

Moved by B. McColl

Seconded by B. Santos 

Carried

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 2024-052 - 250 Frederick Street, DSD-2024-322

Submission No.: A 2024-052
Applicant: 250 Frederick Inc
Property Location: 250 Frederick Street
Legal Description: Part Lots 1 and 2, Plan 429

Appearances:

In Support:

S. Crimi

Contra:

C. Wilson

R. Brown

L. Pietschinski

Written Submissions:

K. Flohr	D. Bravin	L. Saylise	V. John	H. Berry	J. Becker
M. Deoniziak	G. & D. Glover	M. & E. Pfeifer	F. Larocque	J. Chivers-Wilson	S. Sekulic
P. Sawatzky	A. Clancy	R. Brown	A. Weiler	J. Loew	S. Hain
L. Pietschinski	G. Sim	D. Kruger	G. Johnstone	M. Seguin	K. Lorentz
C. Wilson	L. Vos	N. Pettifer	F. Cechagias	L. Scott	A. Hernandez
T. Caplin	R. & L. Dunn	N. Zels	S. Mai	B. Byon
T. D'Achille	B. Zmiga	B. Hunnisett	Manuel	L. Jenks
R. Elde	R. Klassen	J. Ahadie	Unknown	R. Franci
R. Bretz	M. & L. Sachs	C. Leyland	B. Weiss	N. Hustosdy
J. Tattrie	L. Litwiller	L. Allen	S. Kieffer	Pettifern
W. Habel	M. Lavrisa	G. Vidovic	A. Martgniuk	M. & K. Boivin

 

The Committee was advised the applicant requested permission to permit a parking requirement of 117 parking spaces rather than the minimum required 140 parking spaces, and 8 visitor parking spaces rather than the required 28 spaces; to facilitate the development of 4 additional dwelling units to an existing multiple dwelling having 108 units in accordance with Site Plan Application SP24/032/F/SRM.

The Committee considered Development Services Department report DSD-2024-322, dated July 9, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 25, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 28, 2024, advising they have no concerns with the subject application.

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

C. Wilson provided comments in opposition to the subject application noting, the subject property does not currently provide the minimum number of visitor and accessible parking spaces, as required by the Zoning By-law, thus a reduction in the number of parking spaces further exacerbates an ongoing parking issue. C. Wilson expressed concerns regarding the lack of accommodation for tenants with disabilities noting, the existing accessible parking spaces at the subject property are often occupied by property management staff, construction workers or waste skids, due to ongoing renovations. C. Wilson also noted a neighbourhood petition was submitted in opposition to the parking variance.

R. Brown provided comments in opposition noting concerns with the lack of accessible parking for residents with disabilities.

L. Pechinkski provided comments in opposition to the application noting, ongoing parking issues at the subject property are yet to be considered by the Landlord and Tenant Board (LTB) thus, requested the Committee defer consideration of the minor variance application until the LTB renders a decision.

In response to comments provided in opposition, S. Crimi noted the existing number of parking spaces at the subject property were approved by the Committee of Adjustment in 1986 and in 2012 thus, the number of parking spaces at the subject property cannot be increased. S. Crimi noted the proposed parking reduction was requested in efforts to ensure rental rates remain affordable.

In response to questions from the Committee, T. Malone Wright noted Zoning By-Law 85-1 requires 1.25 parking spaces per dwelling unit whereas Zoning By-Law 2019-051 requires 1 parking space per dwelling unit however as the subject property is not under Zoning By-Law 2019-051, only 12 visitor parking spaces are required. T. Malone Wright noted, when the building was initially constructed, there were no By-Law requirements however the applicant intends to bring the property to current standards as they have submitted a site plan indicating a demarcation of designated visitor parking as well as barrier free parking spaces.

S. Crimi noted the property is located within close proximity of public transportation including a Grand River Transit bus stop at the foot of the building. S. Crimi also noted there are other public parking options available in the neighbourhood including a parking lot located 450m away from the building.

B. McColl noted he would not be voting in support of the staff recommendation as there is a recurring issue of insufficient parking in Downtown Kitchener especially during building construction or renovation, and requested the Planning Department investigate this matter further.

D. Pateman noted the proposed parking variance meets the intent and purpose of the of the City of Kitchener Zoning By-Law and the Regional Official Plan and, is desirable for the appropriate development of the property.

B. Santos expressed sympathy for the residents and noted the requested variance is minor, thus he would be voting in support of the staff recommendation.

M. Gambetti noted it may not be feasible for additional surface parking to be provided due to the limited landscape. M. Gambetti noted he usually votes in favour of applications that provide bike parking and facilitate greater use of public transportation however, consistent approval of applications requesting fewer parking spaces than what is required by the Zoning By-Law further exacerbates the issue of insufficient parking in Downtown Kitchener.

M. Gambetti brought forward a motion to approve the application which was seconded by B. Santos. The motion was then voted on and was LOST on a tie, with D. Pateman and B. Santos voting in favour and B. McColl and M. Gambetti voting in opposition.

It was noted, as a result of the application being voted on and LOST, Minor Variance Application A 2024-052 - 250 Frederick Street outlined in Development Services Department report, DSD-2024-322 has been refused. 

Moved by M. Gambetti

Seconded by B. Santos

• That the application of 250 FREDERICK INC requesting minor variances to permit a parking requirement of 117 parking spaces rather than the minimum required 140 parking spaces, and 8 visitor parking spaces rather than the required 28 spaces; to facilitate the development of 4 additional dwelling units to an existing multiple dwelling having 108 units, for a total of 112 units, generally in accordance with Site Plan Application SP24/032/F/SRM, on Part Lots 1 and 2, Plan 429, 250 Frederick 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.

  LOST on a tie

5.2

A 2024-053 - 224 Countrystone Crescent, DSD-2024-313

Submission No.: A 2024-053
Applicant: Mahbubul Monir
Property Location: 224 Countrystone Crescent
Legal Description: Part Block 107, Plan 58M-474; being Parts 8 & 50 on Reference Plan 58R-16646

Appearances:

In Support:

M. Monir

D. Weber

Contra:

C. Brine

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a lot width of 8.1m rather than the minimum required 10.5m; a northerly side yard setback of 2.2m rather than the minimum required 2.5m; and, 2 parking spaces rather than the minimum required 3 parking spaces to recognize the location of a rear yard addition and to permit the development of an additional dwelling unit to an existing duplex townhouse dwelling.

The Committee considered Development Services Department report DSD-2024-313, dated July 3, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 25, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 28, 2024, advising they have no concerns with the subject application.

M. Monir and D. Weber, Maya Construction were in attendance in support of the staff recommendation.

C. Brine provided comments in opposition to the subject application noting, a high volume of on-street parking and lack of adequate parking options to address the increasing number of additions being constructed in the neighbourhood. 

In response to questions from the Committee, T. Malone-Wright noted an addition already exists in the rear yard of the subject property and complies with Zoning requirements however, the addition is setback 2.2m rather than the required 2.5m indicated on the building permit. As such, the applicant requested a minor variance for the existing rear yard setback. T. Malone-Wright noted the subject lot is pie-shaped and large enough to accommodate the existing 2.2m setback. T. Malone-Wright further noted the floor plans submitted with the subject application indicate a possibility the property is being used as a lodging house which is not permitted. As such, the applicant will be required to submit revised floor plans indicating an attached Additional Dwelling Unit. 

In response to questions from the Committee, M. Monir noted his family lives in the existing addition, and it is not intended the property will be used as a lodging house. Further, M. Monir noted his two immediate neighbours are in support of the proposed additional dwelling unit. D. Weber also noted the existing addition was constructed based on drawings approved by the City, which indicate a rear yard setback of 2.21m.

B. Santos noted he would not be voting in favour of the Staff recommendation due to increased density in Downtown Kitchener neighbourhoods as parking spaces are continually being reduced. Further, it was noted there is a frustration from neighbours regarding limited parking in this neighbourhood. B. Santos also noted the existing townhouse is essentially being converted into a triplex and the setback of the existing addition seems limited thus, the layout of this property is poor planning.

The following motion was then voted on and was Carried, with D. Pateman, M. Gambetti, B. McColl voting in favour; and, B. Santos voting in opposition. 

Moved by B. McColl

Seconded by M. Gambetti

• That the application of NAZOA BINTE AMAN and MAHBUBUL MONIR requesting minor variances to permit a lot width of 8.1m rather than the minimum required 10.5m; a northerly side yard setback of 2.2m rather than the minimum required 2.5m; and, 2 parking spaces rather than the minimum required 3 parking spaces; to recognize the location of a rear yard addition and to permit the development of an additional dwelling unit to an existing duplex townhouse dwelling, generally in accordance with drawings submitted with minor variance application A 2024-053, dated April 28, 2024, on 224 Countrystone Crescent, Part Block 107, Plan 58M-474; being Parts 8 & 50 on Reference Plan 58R-16646, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That the property owner shall install a distinguishable driveway and required walkway(s) and landscaped areas, in accordance with the regulations of Zoning By-law 2019-051, by October18, 2024. Any request for a time extension must be approved in writing by the Manager of Development Approvals prior to completion date set out in this decision. Failure to complete this condition will result in this approval becoming null and void.

  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 2024-054 - 124 Woolwich Street, DSD-2024-319

Submission No.: A 2024-054
Applicant: 13281612 Canada Inc c/o Zeng Yu Cui
Property Location: 124 Woolwich Street
Legal Description: Part Lots 59 & 60, German Company Tract; being Parts 1 & 6 on Reference Plan 58R-21326

Appearances:

In Support:

K. Wills

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit parking spaces to be located within the front yard, whereas the Zoning By-law does not permit parking spaces in the front yard; to permit a northerly side yard setback of 2.5m rather than the minimum required 3m; a rear yard setback of 5.5m rather than the minimum required 7.5m; and, a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6 to facilitate the development of two stacked townhouse buildings, consisting of 44 dwelling units in total (22 units per building), in accordance with Conditionally Approved Site Plan Application SP23/085/W/AP.

The Committee considered Development Services Department report DSD-2024-319, dated July 2, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 25, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 28, 2024, advising they have no concerns with the subject application.

K. Wills, MHBC Planning was in attendance in support of the staff recommendation.

Moved by B. Santos

Seconded by M. Gambetti 

• That the application of ZENG YU CUI requesting minor variances to permit parking spaces to be located within the front yard, whereas the Zoning By-law does not permit parking spaces in the front yard; to permit a northerly side yard setback of 2.5m rather than the minimum required 3m; a rear yard setback of 5.5m rather than the minimum required 7.5m; and, a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6 to facilitate the development of two stacked townhouse buildings, consisting of 44 dwelling units in total (22 units per building), in accordance with conditionally approved Site Plan Application SP23/085/W/AP, on Part Lots 59 & 60, German Company Tract; being Parts 1 & 6 on Reference Plan 58R-21326, 124 Woolwich Street, 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

5.4

A 2024-055 - 71 Kingsbury Drive, DSD-2024-320

Submission No.: A 2024-055
Applicant: 71 Kingsbury Inc
Property Location: 71 Kingsbury Drive
Legal Description: Lot 9, Plan 958; Lot 19, Plan 961

Appearances:

In Support:

K. Wills

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a minimum parking requirement of 46 parking spaces (1 parking space per 59 sq. m Gross Floor Area (GFA)) rather than the minimum required 68 parking spaces (1 space for 40 sq. m GFA); and, to permit a minimum landscaped area of 17% rather than the minimum required 20%, to facilitate the redevelopment of the site with a 'Commercial School' providing on-site hockey instruction in accordance with Conditionally Approved Site Plan Application SP24/016K/CD.

The Committee considered Development Services Department report DSD-2024-320, dated June 27, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 25, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 28, 2024, advising they have no concerns with the subject application.

K. Wills, MHBC Planning was in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by B. McColl

• That the application of 71 KINGSBURY INC requesting minor variances to permit a minimum parking requirement of 46 parking spaces (1 parking space per 59 sq. m Gross Floor Area (GFA)) rather than the minimum required 68 parking spaces (1 space for 40 sq. m GFA); and, to permit a minimum landscaped area of 17% rather than the minimum required 20%, to facilitate the redevelopment of the site with a 'Commercial School' providing on-site hockey instruction in accordance with conditionally approved Site Plan Application SP24/016K/CD, on Lot 9, Plan 958; Lot 19, Plan 961, 71 Kingsbury Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

  1. The variances requested in this application are minor.
  2. This application is desirable for the appropriate development of the property.
  3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property.

  Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

  Carried

5.5

A 2024-056 - 359 Highland Road West, DSD-2024-310

Submission No.: A 2024-056
Applicant: 1000021133 Ontario Inc c/o Darren Voros
Property Location: 359 Highland Road West
Legal Description: Part Lot 1, Plan 882

Appearances:

In Support:

A. Monteith

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a parking requirement of 6 parking spaces (0.6 parking spaces per dwelling unit) rather than the minimum required 10 parking spaces (0.9 parking spaces per dwelling unit) to facilitate the redevelopment of a 3-storey multiple dwelling having 10 dwelling units.

The Committee considered Development Services Department report DSD-2024-310, dated July 3, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 25, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 28, 2024, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by M. Gambetti

• That the application of 1000021133 ONTARIO INC requesting a minor variance to permit a parking requirement of 6 parking spaces (0.6 parking spaces per dwelling unit) rather than the minimum required 10 parking spaces (0.9 parking spaces per dwelling unit), to facilitate the redevelopment of a 3-storey multiple dwelling having 10 dwelling units, generally in accordance with drawings prepared by Onespace Architecture+interiordesign, dated June 20, 2024, on Part Lot 1, Plan 882, 359 Highland Road 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

5.6

B 2024-013 - 1188 Fischer Hallman Road, DSD-2024-315

Submission No.: B 2024-013
Applicant: Schlegel Urban Developments c/o Vaughn Bender
Property Location: 1188 Fischer Hallman Road
Legal Description: Block 1, Plan 58M-234

Appearances:

In Support:

R. McIntyre

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land having a width of approximately 40m on Westmount Road, a depth of approximately 4.2m, and an area of approximately 60 sq.m. to convey as a lot addition to 525 Erinbrook Drive subject to Site Plan Application SP23/019/E/TS.

The Committee considered Development Services Department report DSD-2024-315, dated July 3, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 2, 2024, advising they have no concerns with the subject application subject to conditions. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 28, 2024, advising they have no concerns with the subject application.

R. McIntyre, MHBC Planning was in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by B. Santos

• That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting permission to sever a parcel of land having a width of approximately 40m on Westmount Road, a depth of approximately 4.2m, and an area of approximately 60 sq.m. to convey as a lot addition to 525 Erinbrook Drive subject to Site Plan Application SP23/019/E/TS, on Block 1, Plan 58M-234, 1188 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 Site Plan Application SP23/019/E/TS for 525 Erinbrook Drive, be amended to incorporate the proposed lot addition to 525 Erinbrook Drive, to the satisfaction of the Director of Development and Housing Approvals.
  5. That the property owner’s solicitor shall confirm the existence and transfer of the Registered Easement agreement in favour of the City for the existing water infrastructure currently located within the parcel to be severed.
  6. That the property owner/applicant shall submit a valid Notice of Source Water Protection Plan Compliance (Section 59 Notice), as per the Clean Water Act, 2006 to the satisfaction of the Region of Waterloo.
  7. That the property owner shall make arrangements with the Regional Municipality of Waterloo with respect to the one-foot reserve located between the retained and benefiting lands, to the satisfaction of the Regional Municipality of Waterloo.

  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

5.7

B 2024-014 - 267 Dumfries Avenue, DSD-2024-317

Submission No.: B 2024-014
Applicant: Dario Kokorovic & Tanja Cvijetic
Property Location: 267 Dumfries Avenue
Legal Description: Lot 48, Plan 768

Appearances:

In Support:

S. Patterson

Contra:

None

Written Submissions:

A. Sutton

A. Farquharson & K. Elson

S. Voisin

The Committee was advised the applicant requested permission to sever a parcel of land into 2 lots of equal size, having a width of 9.7m on the easterly side, a lot depth of 40.5m and a lot area of 395.3 sq. m, to facilitate the demolition of the existing detached dwelling and the construction of 2 new duplex dwellings on each of the severed and retained lots.

The Committee considered Development Services Department report DSD-2024-317, dated July 3, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 2, 2024, advising they have no concerns with the subject application subject to conditions. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 28, 2024, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by M. Gambetti

• That the application of DARIO KOKOROVIC and DARLENA MILETOVIC and SASA TANACKOVIC and TANJA CVIJETIC requesting permission to  sever a parcel of land into 2 lots of equal size, having a width of 9.7m on the easterly side, a lot depth of 40.5m and a lot area of 395.3 sq.m., on Lot 48, Plan 768, 267 Dumfries 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.
  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 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.
  7. That the property owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands.
  8. That the property owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services.
  9. That the property owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City’s Engineering Services.
  10.  That the property owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement.
  11. That at the sole option of the City’s Director of Development and Housing Approvals, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Development and Housing Approvals, which shall include the following:
      1. That the property owner shall prepare a Tree Preservation Plan for the Severed Lot and Retained Lot, in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Development and Housing Approvals, 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.
      2. That the property owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Development and Housing Approvals.
  12. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  13. That the property owner shall enter into a registered development agreement with the City of Kitchener to implement the following conditions for all dwelling units on both retained and severed lots:
      1. That the property owner/developer shall agree to construct the dwelling with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant’s discretion.
      2. That the following noise warning clause will be included in all offers of purchase, deeds and rental agreements:
         1. “The purchasers / tenants are advised that sound levels due to increasing road traffic Conestoga Parkway/Highway 7, as well as commercial land uses in proximity, may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)”.
         2. “This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)”.

  It is the opinion of this Committee that:

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

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

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

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

  Carried

5.8

B 2024-015 - 82 York Street, DSD-2024-321

Submission No.: B 2024-015
Applicant: Woodhouse Investments Inc c/o Joe Woodhouse
Property Location: 82 York Street
Legal Description: Part Lot 285, Plan 385

Appearances:

In Support:

J. Woodhouse

D. Galbraith

Contra:

J. Hillier & R. Hillier

Written Submissions:

N. Emptage

M. Morrison & C. Kardol

S. Funduk

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 11m, a depth of 19.3m and an area of 210 sq. m. to convey as a lot addition to the rear yard of 509 Park Street.

The Committee considered Development Services Department report DSD-2024-321, dated June 28, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 2, 2024, advising they have no concerns with the subject application subject to conditions. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 28, 2024, advising they have no concerns with the subject application.

D. Galbraith and J. Woodhouse were in attendance in support of the staff recommendation. 

J. Hillier provided comments in opposition to the subject application noting, development plans at the subject site are currently unclear thus, it would be prudent for the Committee to consider future development plans prior to determining whether the severance is appropriate.

In response, the Committee noted the Planning Act permits severances prior to the submission of development applications. D. Galbraith further advised future development plans potentially include a stacked townhouse however, there have been no development applications submitted for approval this date. D. Galbraith noted the purpose of the subject application is to allow for the front portion of 82 York Street to be in separate ownership for legal and mortgage purposes. D. Galbraith and J. Woodhouse noted further conversations will be held with J. Hillier to address any additional concerns regarding the future development of the site. 

R. Hillier was also in attendance in opposition to the subject application and expressed concerns about whether the application meets the requirements of the Regional Official Plan specifically relating to the protection of the natural environment, surface water and groundwater resources. In response, the Committee noted the subject application only deals with a severance and the Official Plan represents a general policy intention as opposed to legislated requirements that must be met in order for severances to be approved. D. Galbraith further noted through the site plan process, the Region of Waterloo will review source water protection and a detailed drainage plan will be required.

Moved by B. Santos

Seconded by M. Gambetti 

• That the application of WOODHOUSE INVESTMENTS INC (JOE WOODHOUSE) requesting permission to sever a parcel of land having a width of 11m, a depth of 19.3m and an area of 210 sq. m. to convey as a lot addition to the rear yard of 509 Park Street, on Part Lot 285, Plan 385, 82 York Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify 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 make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  5. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
  6. That the property owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration.
  7. That the property owner shall:
     1. Complete a Building Code Assessment for the existing dwelling proposed to be retained on the retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City’s Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings’ wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results.
     2. Obtain a Building Permit for any remedial work/ upgrades required by the Building Code Assessment.
  8. That the property owner/applicant shall submit a valid Notice of Source Water Protection Plan Compliance (Section 59 Notice), as per the Clean Water Act, 2006 to the satisfaction of the Region of Waterloo.

  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

5.9

B 2024-016 & A 2024-057 - 176 Woolwich Street, DSD-2024-316

Submission No.: B 2024-016 & A 2024-057
Applicant: Hector Lopez
Property Location: 176 Woolwich Street
Legal Description: Part Lot 60, German Company Tract

Appearances:

In Support:

H. Lopez & L. Lopez

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land in the westerly side yard of the subject property having a width of 32.6m, a depth of 60.9m and an area of 1,988 sq.m. The lands to be retained will have a width of 23.1m, a depth of 114.6m and an area of 2,655 sq.m and will contain the existing single detached dwelling. Minor variances are also being requested for the retained land to legalize the existing driveway having width of 16m rather than the maximum permitted width of 11.6m (width of the attached garage) and, to permit the driveway to be setback 0m from the southerly property line rather than the minimum required 1.9m. A single detached dwelling is proposed for the severed land.

The Committee considered Development Services Department report DSD-2024-316, dated July 3, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 25, 2024, and July 2, 2024, advising they have no concerns with the subject application subject to conditions. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 25, 2024, advising they have no concerns with the subject application.

H. Lopez and L. Lopez were in attendance in support of the staff recommendation.

• Submission No. A 2024-057

  Moved by M. Gambetti

  Seconded by B. McColl

  That the application of HECTOR LOPEZ and LAURA LOPEZ requesting minor variances for the retained land of the proposed severed parcel of land (Consent Application B 2024-016) to legalize the existing driveway having a width of 16m rather than the maximum permitted width of 11.6m (width of the attached garage) and, to permit the driveway to be setback 0m from the southerly property line rather than the minimum required 1.9m, generally in accordance with the drawing submitted with Minor Variance Application A2024-057, on Part Lot 60, German Company Tract, 176 Woolwich Street, 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. B 2024-016

  Moved by M. Gambetti

  Seconded by B. McColl

  That the application of HECTOR LOPEZ and LAURA LOPEZ requesting permission to sever a parcel of land in the westerly side yard of the subject property having a width of 32.6m, a depth of 60.9m and an area of 1,988 sq.m, on Part Lot 60, German Company Tract, 176 Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-057 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.
  4. 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.
  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 provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
  7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services, and the City of Waterloo.
  9. That the property owner shall ensure any new driveways are built to City of Waterloo standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  10. That if required, the property shall enter into a servicing agreement, and design to current City of Waterloo standards and make satisfactory financial arrangements for the installation of an extension to the municipal sanitary sewer, including obtaining the necessary Environmental Compliance Approval, to the satisfaction of the City of Waterloo’s Director of Engineering services.
  11. That the property shall owner 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.
  12. That the property owner shall convey to City of Kitchener and/or City of Waterloo, without cost and free of encumbrance, the road widening, required by the City’s Official Plan, as indicated on a Reference Plan.
  13. That the property owner shall submit a Phase 1 and if required, Phase 2 Environmental Site Assessment (ESA) to the satisfaction of the City’s Director of Engineering Services for the required road widening.
  14. That the property owner shall receive final approval of the Environmental Impact Study - 176 Woolwich Street Lot Severance, prepared by Natural Resource Solutions Inc. (April 20, 2024) and the Tree Preservation and Enhancement Plan - 176 Woolwich Street Lot Severance, prepared by Natural Resource Solutions Inc. (March 20, 2024), from the City’s Director of Housing and Development Approvals, and the Grand River Conservation Authority.
  15. That the property owner shall enter into a Conservation Easement Agreement together with a Management Plan, with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Planning and registered on title of the lands to be severed. The Management Plan shall include, but is not limited to, the Mitigation Measures recommended in the approved Environmental Impact Study and the Tree Preservation and Enhancement Plan, to the satisfaction of the City’s Director of Housing and Development Approvals and the City Solicitor.
  16. That at the sole option of the City’s Director of Housing and Development Approvals, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Housing and Development Approvals, and registered on title of the severed lands, which shall include the following:
      1. That prior to any grading, servicing, or the application for or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Director of Housing and Development Approvals showing:
         1.  the proposed location of all buildings (including accessory buildings and structures), decks and driveways;
         2.  the proposed grades and drainage;
         3.  the location of all trees to be preserved, removed or potentially impacted on or adjacent to the  subject lands, including notations of their size, species and condition;
         4.  justification for any trees to be removed; and
         5.  outline tree protection measures for trees to be preserved; and
         6.  building elevation drawings.
         7.  stormwater management strategy including all proposed infiltration galleries.
         8.  If necessary, the plan shall include required mitigation and or compensation measures.
         9.  That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of the building permit.
      2. Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Director of Housing and Development Approvals.
      3. That prior to application for or issuance of a building permit, the property owner shall submit an Edge Management Plan for the naturalization of the wetland and dripline buffers, to the satisfaction and approval of the City’s Director of Housing and Development Approvals.
      4. The property owner agrees to implement the approved Edge Management Plan to the satisfaction of the City’s Director of Housing and Development Approvals, within 6 months of occupancy, or as soon as weather conditions permit.
  17. That the property owner shall:
      1. Complete a Building Code Assessment for the existing dwelling proposed to be retained on the retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City’s Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings’ wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results.
      2. Obtain a Building Permit for any remedial work/ upgrades required by the Building Code Assessment.
  18. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  19. That the property owner shall enter into a registered development agreement with the City of Kitchener to implement the following conditions for all dwelling units on both retained and severed lots:
      1. That the property owner/applicant agrees to construct the dwelling with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant’s discretion.
      2. That the following noise warning clause will be included in all offers of purchase, deeds and rental agreements:
         1. “The purchasers / tenants are advised that sound levels due to increasing road traffic on Woolwich St, may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)”.
         2. “This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)”.

  It is the opinion of this Committee that:

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

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

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

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

6.

ADJOURNMENT

On motion, this meeting adjourned at 11:25 a.m.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment