Committee of Adjustment

Committee Minutes

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

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• D. Pateman. Chair
• S. Hannah, Member
• B. Santos, Member
• B. McColl, Member
• M. Gambetti, Member

Staff:

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

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1.

COMMENCEMENT

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

2.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held March 19, 2024, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

None. 

4.

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

5.

NEW BUSINESS

5.1

A 2024-023 - 423 Edwin Street, DSD-2024-175

Submission No.: A 2024-023
Applicants: Saravana Rajan & Samoondeswari Arjunan
Property Location: 423 Edwin Street
Legal Description: Plan 790 Lot 1

Appearances:
In Support:

F. Cowan

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a required parking space to be located 2.3m from the street line rather than the minimum required 6m, to facilitate the conversion of the Single Detached Dwelling into a Duplex (single detached dwelling with attached additional dwelling unit). 

The Committee considered Development Services Department report DSD-2024-175, dated April 3, 2024, recommending approval as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

F. Cowan was in attendance in support of the staff recommendation.

Moved by Santos 

Seconded by Hannah  

• That the application of SAMOONDESWARI ARJUNAN and SARAVANA RAJAN requesting a minor variance to permit a required parking space to be located 2.3m from the street line rather than the minimum required 6m, to facilitate the conversion of the Single Detached Dwelling into a Duplex (single detached dwelling with attached additional dwelling unit), on Plan 790 Lot 1, 423 Edwin Street, Kitchener, Ontario, BE APPROVED. 

  It is the opinion of this Committee that: 

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

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

  Carried

5.2

A 2024-024 - 101 Clive Road, DSD-2024-178

Submission No.: A 2024-024
Applicant: Khalid Abu Zaed
Property Location: 101 Clive Road
Legal Description: Plan 651, Part Lot 179

Appearances:
In Support:

K. Berbash

Contra:

N. Sebastian                          

Written Submissions:

A.Blagojevic

S. Muller

The Committee was advised the applicant requested permission to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; and, to permit a front yard setback of 6.76m rather than the required 7.77m to facilitate the construction of a multiple residential development with 24 dwelling units in accordance with Site Plan Application SP22/014/C/ES.  

The Committee considered Development Services Department report DSD-2024-178, dated April 5, 2024, recommending approval as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

K. Berbash was in attendance in support of the staff recommendation.

N. Sebastian was in attendance in opposition to the staff recommendation, noting the variances requested are not minor in nature due to the impact on the properties of abutting neighbors, causing loss of sunlight, privacy, and views. N. Sebastian also noted concerns regarding trees, parking, drainage, traffic, noise, and the ability of the proposed design to fit into the character of the neighborhood.

In response to questions from the Committee, T. Malone-Wright noted a Site Plan Application SP22/014/C/ES, for the subject property, received ‘Conditional Approval’ in May 2023, for a 21 dwelling unit concept with three (3) buildings; and the applicant has since revised the concept to 24 dwelling units within two (2) buildings, and is now requesting relief from the Zoning By-law for this updated concept. 

In response to further questions from the Committee, T. Malone-Wright noted the proposed design for the subject property meets all zoning requirements, with the exception of the maximum permitted Floor Space Ratio of 0.6. It was noted the impacts of the increase in Floor Space Ratio are considered minor, as the increased floor space on site can be accommodated while providing for the necessary site features as well as maintaining the required side and rear yard setbacks and maximum building height. T. Malone-Wright confirmed in response to questions, the previously proposed site plan application complied with the Zoning By-law in relation to floor space ratio.

T. Malone-Wright also noted that concerns regarding grading, lighting and elevation plans will be addressed through the Site Plan Approval process, and no traffic study is required for this development, as it is already zoned to permit the use.

T. Malone-Wright also stated in response to questions, the impact of the reduction in front yard setback is considered minor in the opinion of staff, as the shifting of the building one metre closer to the front lot line does not interfere with the established building line and will provide adequate separation from the right of way and public realm.

In response to questions from the Committee, K. Berbash noted the proposed building massing is within the 11m maximum building height, and will be roughly 3-4 stories. 

The Committee noted concerns with the proposed building height and corresponding floor space ratio, noting the potential for sightlines to impede on the privacy of abutting property owners.   

In response to further questions, K. Berbash stated the 24 units are proposed to be 3-bedroom units.  

At the request of the Committee, T. Malone-Wright provided the original site plan application concept drawings for the Committee's reference, due to concerns with the currently proposed design's floor space ratio. 

B. Santos brought forward a motion to approve the staff recommendation, as outlined in Development Services Department report, DSD-2024-178.

It was requested that the minor variances related to the front yard setback and Floor Space Ratio be voted on separately and that the whole decision be voted on, on a recorded vote. 

The front yard setback was then voted on and Carried Unanimously, on a recorded vote. 

The balance of the application was then voted on and Carried with D. Pateman, B. Santos and M. Gambetti voting in favour; and, S. Hannah and B. McColl voting in opposition. 

Moved by B. Santos  

Seconded by M. Gambetti 

• That the application of 12134225 CANADA INC requesting a minor variance to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; and, to permit a front yard setback of 6.76m rather than the required 7.77m to facilitate the construction of a multiple residential development with 24 dwelling units in accordance with Site Plan Application SP22/014/C/ES, on Plan 651, Part Lot 179,   101 Clive Road, Kitchener, Ontario, BE APPROVED. 

  It is the opinion of this Committee that: 

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

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

  Carried

5.3

A 2024-025 - 1187 Fischer Hallman Road, DSD-2024-177

Submission No.: A 2024-025
Applicant: Schlegel Urban Developments Corp. c/o Rob Schlegel
Property Location: 1187 Fischer Hallman Road
Legal Description: Plan 58M-307, Block 1

Appearances:
In Support:

A. Robinson

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit an outdoor patio to be located 0m from a lot line abutting a street rather than the minimum required 3m, to facilitate the development of a new outdoor patio space for an existing commercial use (restaurant) adjacent to Max Becker Drive. 

The Committee considered Development Services Department report DSD-2024-177, dated March 28, 2024, recommending approval as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

A. Robinson, Schlegel Urban Developments, was in attendance in support of the staff recommendation. 

Moved by B. Santos 

Seconded by M. Gambetti 

• That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting a minor variance to permit an outdoor patio to be located 0m from a lot line abutting a street rather than the minimum required 3m, to facilitate the development of a new outdoor patio space for an existing commercial use (restaurant) adjacent to Max Becker Drive, generally in accordance with drawings prepared by Schlegel Urban Developments, dated February 28, 2024, on Plan 58M-307, Block 1, 1187 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED. 

  It is the opinion of this Committee that: 

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

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

  Carried

5.4

A 2024-026 - 58 & 60 Ellen Street East and 115 Lancaster Street East, DSD-2024-162

Submission No.: A 2024-026
Applicant: Benjamins Real Estate Holdings Inc - 001 c/o Mark Benjamins
Property Location: 58 & 60 Ellen Street East and 115 Lancaster Street East
Legal Description: Plan 417, Part Lot 3

Appearances:
In Support:

M. Benjamins

J. Benjamins

J. Benjamins

M. Muller

Contra:

N. Ashley

Written Submissions:

A. Lucy	V. & N. Frumkin	G. & S. Pratt
P. Madill	J. Norlock	A. Madill
G. Campbell	L. Gingrich	T. Tran
C. Alexander	D. Stilling	C. McIntyre Royston
D. Ashley	D. Madill	S. Guay
J. Ashley	E. Borquez	J. Ashley
D. Madill	M. Campbell	P. McIntyre Royston
O. Lewes	S. Ashley	R. Blundell
A. Ashley	D. Laur	G. & B. Vannatter

 

The Committee was advised the applicant requested permission to permit a front yard setback of 0m rather than the required 3m; having an easterly side yard setback of 3.5m rather than the required 4.5m; having a rear yard setback of 4m rather than the required 7.5m; having a setback for the required off-street located 0m from the westerly lot line, rather than the required 3m; having 0 off-street parking spaces rather than the required 11 (there are two visitor parking spaces proposed); and, to permit a reduction in private amenity space for units at grade to be 3 sq.m. rather than the required 11 sq.m. to facilitate the construction of a three storey addition in the rear of an existing 3-storey multiple dwelling building increasing the number of residential units from 6 to 11 in accordance with Site Plan Application SP22/154/L/BB. 

The Committee considered Development Services Department report DSD-2024-162, dated April 3, 2024, recommending approval as outlined in the report. It was noted a petition was received. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

M. Benjamins, J. Benjamins, J. Benjamins, and M. Muller, John McColl Architecture Office was in attendance in support of the staff recommendation.

N. Ashley was in attendance in opposition, noting concerns regarding privacy for abutting property owner’s and the lack of heritage permit obtained. N. Ashley also noted concerns the site plan describes the northerly yard as the rear yard. 

In response to question from the Committee, staff noted that due to the irregular shape of the lot and the City’s requirement for a significant road widening along Lancaster Street East secured through the Site Plan Approval process, several minor variances, including the front, interior, side yard, and parking setback are necessary due to existing conditions. 

In response to concerns surrounding the rear yard setback and parking reduction, T. Malone-Wright noted the setbacks are required due to the proposed building addition, and have been assessed for impact and compatibility considerations. T. Malone-Wright noted due to the transportation demand measures being proposed, access to major transit options, and location near commercial areas to provide daily requirements without vehicle need, staff are satisfied the reduction in parking can be supported.  

In response to concerns from the Committee regarding the potential for existing tenants to be displaced, M. Benjamins, J. Benjamins, J. Benjamins, and M. Muller noted accommodations at alternative rental properties owned by the applicant have been offered. In response to further questions concerning the impact of the parking reduction on existing tenants, it was noted alternative nearby parking accommodations have been proposed for interested individuals. 

M. Benjamins, J. Benjamins, J. Benjamins, and M. Muller confirmed one bike storage locker will be available per unit. 

Moved by S. Hannah 

Seconded by M. Gambetti 

• That the application of BENJAMINS REAL ESTATE HOLDINGS INC - 001 requesting a minor variance to permit a front yard setback of 0m rather than the required 3m; having an easterly side yard setback of 3.5m rather than the required 4.5m; having a rear yard setback of 4m rather than the required 7.5m; having a setback for the required off-street located 0m from the westerly lot line, rather than the required 3m; having 0 off-street parking spaces rather than the required 11 (there are two visitor parking spaces proposed); and, to permit a reduction in private amenity space for units at grade to be 3 sq.m. rather than the required 11 sq.m. to facilitate the construction of a three storey addition in the rear of an existing 3-storey multiple dwelling building increasing the number of residential units from 6 to 11 in accordance with Site Plan Application SP22/154/L/BB, on Plan 417, Part Lot 3, 58 & 60 Ellen Street East and 115 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following: 

  This Minor Variance shall become effective only at such time as By-law 2024-066 comes into force and effect, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force and effect as of the final date of this decision. 

  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 2024-027 - 610 Wabanaki Drive, DSD-2024-164

Submission No.: A 2024-027
Applicant:  Elementary Teachers' Federation of Ontario c/o Jeff Pelich
Property Location: 610 Wabanaki Drive
Legal Description: Registrar's Comp Plan 1525, Part Lot 33, RP58R-15535, Part 1

Appearances:
In Support:

J. Pelich

J. Wenzel

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a maximum parking requirement of 67 parking spaces rather than the maximum permitted parking requirement of 26 parking spaces to facilitate the creation of parking spaces in an existing gravelled area on the property in accordance with Site Plan Application SP23/076/W/TZ. 

The Committee considered Development Services Department report DSD-2024-164, dated April 3, 2024, recommending approval as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

J. Wenzel, GSP Group, was in attendance in support of the staff recommendation.

Moved by B. Santos 

Seconded by B. McColl 

• That the application of ELEMENTARY TEACHERS’ FEDERATION OF ONTARIO requesting a minor variance to permit a maximum parking requirement of 67 parking spaces rather than the maximum permitted parking requirement of 26 parking spaces to facilitate the creation of parking spaces in an existing gravelled area on the property in accordance with Site Plan Application SP23/076/W/TZ, on  Registrar's Comp Plan 1525, Part Lot 33, RP58R-15535, Part 1, 610 Wabanaki Drive, 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

A 2024-028 - 54 Franklin Street South, DSD-2024-189

Submission No.: A 2024-028
Applicants: Ehin Gukhool & Nanako Furuta
Property Location: 54 Franklin Street South
Legal Description: Plan 254, Lot 138

Appearances:
In Support:

K. Boland

Contra:

None

Written Submissions:

R. & S. Kalocsai

The Committee was advised the applicant requested permission to permit a minimum lot width of 12.1m rather than the minimum required 13.1m to permit the development of an Additional Dwelling Unit (ADU) (Attached) within the existing building to facilitate the conversion of the existing Duplex into a Triplex. 

The Committee considered Development Services Department report DSD-2024-189, dated April 8, 2024, recommending approval as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

T. Malone-Wright noted Council recently considered ‘The Enabling Four Units Project’ on March 25, 2024, and adopted By-law 2024-074 amending Zoning By-law 2019-051. The amendments to Zoning By-law 2019-051 will become effective March 25, 2024, pending the approval of Official Plan Amendment No. 47 and no appeals of either OPA No. 47 and By-law 2024-074. T. Malone-Wright clarified further that with the ‘Enabling Four Units’ amendments a minor variance would not be required to Zoning By-law 2019-051 to facilitate this conversion. T. Malone-Wright noted due to the uncertainty of the timelines as to when these amendments would come into full force and effect, the applicant did not want to wait.

K. Boland was in attendance in support of the staff recommendation. K. Boland noted for the Committee's attention that the property is currently functioning as a duplex, and the applicant is seeking to add a third unit in the basement. 

Moved by S. Hannah 

Seconded by B. Santos 

• That the application of NANAKO FURUTA and EHIN KUMAR GUKHOOL requesting a minor variance to permit a minimum lot width of 12.1m rather than the minimum required 13.1m to permit the development of an Additional Dwelling Unit (ADU) (Attached) within the existing building to facilitate the conversion of the existing Duplex into a Triplex, generally in accordance with a drawing prepared by King Street Construction, dated as revised to March 12, 2024, on Plan 254, Lot 138, 54 Franklin Street South, 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

5.7

A 2024-029 - 59 Vancamp Avenue, DSD-2024-182

Submission No.: A 2024-029
Applicant: 1000447836 Ontario Inc c/o Jan Rasoli
Property Location: 59 Vancamp Avenue
Legal Description: Plan 207, Lot 36

Appearances:
In Support:

J. Rasoli

R. Friesen

Contra:

P. LeBoeuf

A. Dumont

Written Submissions:

D. Kroll

The Committee was advised the applicant requested permission to permit a lot width of 12.1m rather than the required 13.1m; to permit a driveway to have a minimum width at one point of 2.2m rather than the required 2m; to permit a maximum driveway width in the rear yard of 5.4m (44.6%) rather than the maximum permitted 4.8m (40%); and, to permit a parking requirement of 2 off-street parking spaces rather than the required 3 parking spaces to facilitate the development of two (2) Additional Dwelling Units (ADUs) (Attached) and the conversion of a single detached dwelling into a triplex. 

The Committee considered Development Services Department report DSD-2024-182, dated April 5, 2024, recommending approval with conditions as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

T. Malone-Wright noted with the 'Enabling Four Units' amendments coming into effect on March 25, 2024, the minor variances would not be required to Zoning By-law 2019-051 for the minimum lot width or the minimum parking requirement. Further, the ‘Enabling Four Units’ amendments also introduced zoning regulations related to requirements for a minimum amount of landscaping in both the front and rear yards, and the requirement for a 1.1 wide unobstructed walkway from the street to the principal entrance of each additional dwelling unit. T. Malone-Wright stated the applicant may need to consider the revised zoning regulations, and may want/need to revise the proposed site plan accordingly, particularly in relation to the location of Unit Entry 3.

J. Rasoli and R. Friesen were in attendance in support of the staff recommendation.

P. LeBoeuf and A. Dumont were in attendance in opposition, noting concerns with the lack of parking, as a result of the proposed development, as well as the possibility for the basement window well to extend past the property line on the southernly yard.

T. Malone-Wright noted in response to questions that the minimum required parking minor variance is not required with the ‘Enabling Four Units’ amendments. T. Malone-Wright stated the minimum parking requirement for a lot within the Central Neighbourhood Area would be 0.3 parking spaces per dwelling unit; in this case 0.9 parking spaces rounded up to 1 required parking space.

J. Rasoli and R. Friesen stated in response to questions that the existing detached garage is proposed to be demolished to create room for two side-by-side parking spaces in the rear. In response to further questions, J. Rasoli and R. Friesen also noted a building permit has been received for the basement window, and all set back requirements have been satisfied. 

Moved by S. Hannah 

Seconded by M. Gambetti 

• That the application of 1000447836 ONTARIO INC requesting a minor variance to permit a lot width of 12.1m rather than the required 13.1m; to permit a driveway to have a minimum width at one point of 2.2m rather than the required 2m; to permit a maximum driveway width in the rear yard of 5.4m (44.6%) rather than the maximum permitted 4.8m (40%); and, to permit a parking requirement of 2 off-street parking spaces rather than the required 3 parking spaces to facilitate the development of two (2) Additional Dwelling Units (ADUs) (Attached) and the conversion of a single detached dwelling into a triplex, generally in accordance with drawings prepared by Fine Line Drafting & Design, dated February 29, 2024, on Plan 207, Lot 36, 59 Vancamp Avenue, Kitchener, Ontario, BE APPROVED. 

  It is the opinion of this Committee that: 

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

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

  Carried

5.8

A 2024-030 - 109 Ingleside Drive, DSD-2024-163

Submission No.: A 2024-030
Applicants: Lea & Lefry Amarille
Property Location: 109 Ingleside Drive
Legal Description: Plan 1034, Part Block A, Plan 1321, Part Block A

Appearances:
In Support:

L. Amarille

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a required parking space to be located 1.9m from the street line rather than the required 6m; and, to permit a driveway to have a maximum width of 5.2m (57.1%) rather than the maximum permitted 4.5m (50%) to facilitate the development of an Additional Dwelling Unit (ADU) (Attached) in the existing Semi-Detached Dwelling. 

The Committee considered Development Services Department report DSD-2024-163, dated April 3, 2024, recommending approval as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

L. Amarille was in attendance in support of the staff recommendation.

In response to questions from the Committee, L. Amarille stated minor variances have been requested to permit an Additional Dwelling Unit (attached) within the existing semi-detached dwelling, as prior to  purchasing the property, the garage had been converted to living space without the proper permits. L. Amarille noted they will be selling the property and want to legalize the parking for two units on the property so that the prospective purchaser can have two parking spaces on site; and then the prospective new owner will be applying for a building permit to legalize the second dwelling unit.

S. Hannah brought forward the staff recommendation as outlined in Development Services Department report DSD-2024-163, including an amendment to add an additional condition, stating, "that an application for a building permit be made."

The motion including the amendment brought forward by S. Hannah, was then voted on, and Carried, as amended.  

Moved by S. Hannah 

Seconded by B Santos 

• That the application of LEA AMARILLE and LEFRY AMARILLE requesting a minor variance to permit a required parking space to be located 1.9m from the street line rather than the required 6m; and, to permit a driveway to have a maximum width of 5.2m (57.1%) rather than the maximum permitted 4.5m (50%) to facilitate the development of an Additional Dwelling Unit (ADU) (Attached) in the existing Semi-Detached Dwelling, on Plan 1034, Part Block A, Plan 1321, Part Block A, 109 Ingleside Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 

  1. That the property owner shall ensure an application for a building permit be made.  

  It is the opinion of this Committee that: 

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

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

  Carried, as amended

5.9

A 2024-031 - 172 Kehl Street, DSD-2024-146

Submission No.: A 2024-031
Applicant: Prime Sky Inc c/o Tom Kizeweter
Property Location: 172 Kehl Street
Legal Description: Plan 811, Lot 10

Appearances:
In Support:

R. Masri

Contra:

S. Hering

A. Farwell

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a parking lot to be set back 0m from a side lot line rather than the minimum required 1m; to permit a minimum lot width of 15.2m rather than the required 19m; having a minimum interior side yard to the south of 2.6m rather than the minimum required 4m; having an increase in the maximum permitted Floor Space Ratio from 0.6 to 0.75; having a building height of 10.1m rather than the maximum permitted 9m; and, to permit decks in the interior side yard to have a setback of 0.95m, whereas the By-law requires that all decks meet the setback regulations required for the building in the applicable zone, to facilitate the development of a townhouse block containing 5 dwelling units. 

The Committee considered Development Services Department report DSD-2024-146, dated April 4, 2024, recommending approval as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

R. Masri was in attendance in support of the staff recommendation.

S. Hering and A. Farwell were in attendance in opposition to the application, noting concerns with water drainage, lack of privacy and a lack of adequate parking for the proposed development.

In response to questions from the Committee, T. Malone-Wright noted the property would be impacted by the ‘Enabling Four Units’ amendments, making additional designs possible, once the by-law is in full effect.  

The Committee noted concerns with the minor variances to permit decks in the interior side yard to have a 0.95m setback due to potential impact on the privacy of abutting neighbors. 

M. Gambetti brought forward a motion to approve the staff recommendation, as outlined in Development Services Department report DSD-2024-146.

It was requested that the minor variances requesting relief from Section 4.14.4 a) of Zoning By-law 2019-051 to permit decks in the interior side yard to have a setback of 0.95 metres, be voted on separately and that the whole decision be voted on, on a recorded vote. 

The staff recommended refusal for the minor variances, requesting relief from Section 4.14.4 a) of Zoning By-law 2019-051 to permit decks in the interior side yard to have a setback of 0.95 metres, was then voted on and Carried with B. McColl, S. Hannah and B. Santos voting in favour; and  D. Pateman and M. Gambetti voting in opposition.  

The balance of the application was then voted on and Carried with B. McColl, D. Pateman and M. Gambetti voting in favour; and, S. Hannah and B. Santos voting in opposition. 

Moved by M. Gambetti  

Seconded by B. Santos 

• That the application of PRIME SKY INC requesting a minor variance to permit a parking lot to be set back 0m from a side lot line rather than the minimum required 1m; to permit a minimum lot width of 15.2m rather than the required 19m; having a minimum interior side yard to the south of 2.6m rather than the minimum required 4m; having an increase in the maximum permitted Floor Space Ratio from 0.6 to 0.75; having a building height of 10.1m rather than the maximum permitted 9m to facilitate the development of a block of 5 cluster townhouse dwelling units, generally in accordance with the Site Plan and Elevation Drawings prepared by Masri O Inc. Architects, dated October 30, 2023 and last revised March 11, 2024, except for the second storey decks and the visitor designation of the barrier-free parking space, on Plan 811, Lot 10, 172 Kehl 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. 

  and – 

  That the application of PRIME SKY INC requesting a minor variance to permit decks in the interior side yard to have a setback of 0.95m, whereas the By-law requires that all decks meet the setback regulations required for the building in the applicable zone, 4.5m in this case, to facilitate the development of a townhouse block containing 5 dwelling units, generally in accordance with the drawings prepared by Masri O Inc. Architects, dated October 30, 2023 and last revised March 11, 2024 on Plan 811, Lot 10, 172 Kehl 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  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

5.10

A 2024-032 - 55 Trillium Park Place, DSD-2024-167

Submission No.: A 2024-032
Applicant: TPP55 Incorporated c/o Jared Stortz
Property Location: 55 Trillium Park Place
Legal Description: Plan 1478, Lot 13, RP 58R-1111, Part 33

Appearances:
In Support:

S. Patterson

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a rear yard setback of 2.7m rather than the minimum required 7.5m to facilitate the construction of a one (1) storey addition to an industrial building having an area of 526 square metres in accordance with Site Plan Application SP24/004/T/AA. 

The Committee considered Development Services Department report DSD-2024-167, dated March 22, 2024, recommending approval as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 April 2, 2024, advising they have no concerns with the subject application.

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

Moved by B. Santos 

Seconded by B. McColl 

• That the application of TPP55 INCORPORATED requesting a minor variance to permit a rear yard setback of 2.7m rather than the minimum required 7.5m to facilitate the construction of a one (1) storey addition to an industrial building having an area of 526 sq,m. in accordance with Site Plan Application SP24/004/T/AA, on Plan 1478, Lot 13, RP 58R-1111, Part 33, 55 Trillium Park Place, 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

5.11

B 2024-006 - 103 & 105 Dalegrove Drive, DSD-2024-187

Submission No.: B 2024-006
Applicant: Waltraud Ratte
Property Location: 103 & 105 Dalegrove Drive
Legal Description: Plan 1304, Part Lot 17

Appearances:
In Support:

M. Serra

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land, 103 Dalegrove Drive, having a lot width of 9.3m along Dalegrove Drive, a lot depth of 30.9m, and a lot area of 282 sq.m. The lands to be retained, 105 Dalegrove Drive, will have a lot width of 9.1m along Dalegrove Drive, a lot depth of 30.9m and a lot area of 282 sq.m. The consent will permit each half of an existing semi-detached dwelling to be dealt with independently. 

The Committee considered Development Services Department report DSD-2024-187, dated April 5, 2024, recommending approval with conditions as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 3, 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 April 2, 2024, advising they have no concerns with the subject application.

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

In response to questions from the Committee, T. Malone-Wright noted the condition related to the Canadian National Railway Company (CNR) was requested by the Region of Waterloo.  

Moved by B. Santos 

Seconded by M. Gambetti 

• That the application of WALTRAUD RATTE requesting permission to sever a parcel of land, 103 Dalegrove Drive, having a lot width of 9.3m along Dalegrove Drive, a lot depth of 30.9m, and a lot area of 282 sq.m. The lands to be retained, 105 Dalegrove Drive, will have a lot width of 9.1m along Dalegrove Drive, a lot depth of 30.9m and a lot area of 282 sq.m. The consent will permit each half of an existing semi-detached dwelling to be dealt with independently, on Plan 1304, Part Lot 17, 103 & 105 Dalegrove Drive, 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 property owner shall submit a Notice of Source Water Protection Plan Compliance, to the satisfaction of the Region.
  6. That the property owner shall enter into an agreement with the City of Kitchener to include the following noise warning clause on all Offers of Purchase/Sale and Lease/Rental Agreements for all dwellings on both the severed and retained lots, to the satisfaction of the City and the Region:

  “Warning: Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.” 

  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

5.12

B 2024-007 - 137 Queen Street South, DSD-2024-165

Submission No.: B 2024-007
Applicant: St. Paul's Evangelical Lutheran Church
Property Location: 137 Queen Street South
Legal Description: Plan 394, Part Lots 6 and 7, RP 58R-11820, Parts 5, 6, 14 and 15

Appearances:
In Support:

C. Lewington

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to create 2 easements over 137 Queen Street South (being Parcel A (retained lands) identified in B 2023-013, B 2023-014 and B 2023-015 in favour of 15 Church Street (being parcel C (severed lands) identified in B 2023-013, B 2023-014 and B 2023-015). The proposed easements replace and expand the previous easement approved in application B 2023-015. Easement #3 is proposed to have a width of 3.2m, a length of 36.735m and an area of 126 sq.m. for the purpose of access and parking, and Easement #4 is proposed to have a width of 3.25m, a length of 20.88m and an area of 67.8 sq.m. for the purpose of access, parking and storm water. 

The Committee considered Development Services Department report DSD-2024-165, dated April 3, 2024, recommending approval with conditions as outlined in the report. 

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 3, 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 April 2, 2024, advising they have no concerns with the subject application.

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

In response to questions from the applicant regarding Condition 5, T. Malone-Wright noted staff will follow up with the Region of Waterloo regarding whether the consent review fee is required in this situation. 

S. Hannah brought forward the staff recommendation, as outlined in Development Services Department report DSD-2024-165, including an amendment to condition 5, stating "That the Owner submit the required consent review fee of $350 to the Regional Municipality of Waterloo, if necessary."

The motion brought forward by S. Hannah was then voted on and Carried, as amended.  

Moved by S. Hannah  

Seconded by B. McColl 

• That the application of ST PAUL’S EVANGELICAL LUTHERAN CHURCH requesting permission to create 2 easements over 137 Queen Street South (being Parcel A (retained lands) identified in B 2023-013, B 2023-014 and B 2023-015 in favour of 15 Church Street (being parcel C (severed lands) identified in B 2023-013, B 2023-014 and B 2023-015). The proposed easements replace and expand the previous easement approved in application B 2023-015. Easement #3 is proposed to have a width of 3.2m, a length of 36.735m and an area of 126 sq.m. for the purpose of access and parking, and Easement #4 is proposed to have a width of 3.25m, a length of 20.88m and an area of 67.8 sq.m. for the purpose of access, parking and storm water, on Plan 394, Part Lots 6 and 7, RP 58R-11820, Parts 5, 6, 14 and 15, 137 Queen Street South, 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, if necessary.
  5. That the property owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor:

  a) A clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto).

  b) A clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City.

  c) 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.

  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.

ADJOURNMENT

On motion this meeting adjourned at approximately 12:00 p.m.

Mariah Blake
Secretary-Treasurer