Committee of Adjustment

Committee Minutes

Tuesday, September 17, 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

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 10:01 a.m.

2.

MINUTES

Moved by B. Santos

Seconded by S. Hannah

• "That the regular minutes of the Committee of Adjustment meeting held August 20, 2024, as circulated to the members, be accepted."

  Carried

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

3.1

B. McColl - A 2024-073 - 109 Edgehill Drive, DSD-2024-389

B. McColl declared a pecuniary interest with respect to minor variance application A 2024-073 - 109 Edgehill Drive, DSD-2024-389, on the agenda this date due to owning property in close proximity to the subject property. Accordingly, B. McColl did not participate in any discussion or vote regarding this matter.

3.2

B. McColl - B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420

B. McColl declared a pecuniary interest with respect to consent application B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420 on the agenda this date due to owning property in close proximity to the subject property. Accordingly, B. McColl did not participate in any discussion or vote regarding this matter.

4.

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

5.

UNFINISHED BUSINESS

5.1

A 2024-065 - 570 Frederick Street, DSD-2024-416

Submission No.: A 2024-065
Applicants: Juliana & Anthony Davies
Property Location: 570 Frederick Street
Legal Description: Lot 31, Plan 357

Appearances:

In Support:

J. Davies

D. Chaudhry

N. DeLorenzis

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit an easterly side yard setback for a parking lot of 0.44m rather than the required 1.5m; to permit parking spaces to be located 4.2m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 0 rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a Health Clinic in a Mixed Zone to have 8 parking spaces (1 parking space per 24.5 sq.m. Gross Floor Area (GFA)) rather than the required 11 parking spaces (1 parking space per 19 sq.m. GFA); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line façade, of 3.66m rather than the required 4.5m, to facilitate the development of a 3-storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB.

The Committee considered Development Services Department report DSD-2024-420, dated September 6, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

T. Malone-Wright noted the subject application was deferred by the Committee at the August 20, 2024 meeting to allow an opportunity for the applicants’ agents to have further conversations with Staff regarding the proposed number of parking spaces at the subject property and potential amendments to the Conditionally Approved Site Plan. T. Malone-Wright noted following discussions with the applicant in consultation with Transportation Planning Department, the applicant has reduced the amount of non-residential floor area for the proposed clinic thus minor variances for parking at the Health Clinic is no longer required. T. Malone-Wright noted minor variances for the subject application are now only required for the residential use as outlined in Development Services Department report, DSD-2024-416.

D. Choudhry was in attendance in support of the staff recommendation.

Moved by B. Santos

Seconded by S. Hannah

• That the application of DAVIES HOLDINGS INC and ESTATE OF GAIL IRENE SHEPPARD and JOHN AVERY SHEPPARD for minor variances to permit an easterly side yard setback for a parking lot of 0.2m rather than the required 1.5m; to permit parking spaces to be located 1.5m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 1 (0.25 parking spaces per dwelling unit) rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line façade, of 3.6m rather than the required 4.5m, to facilitate the development of a 3-storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB, on Lot 31, Plan 357, 570 Frederick 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

5.2

B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420

Submission No.: B 2024-017 & B 2024-018
Applicant: 1289193 Ontario Inc /co David Perrott
Property Location: 135 Gateway Park Drive
Legal Description: Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744

Appearances:

In Support:

E. Elliott

Contra:

None

Written Submissions:

None

B. McColl declared a pecuniary interest with respect to consent application B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420 on the agenda this date due to owning property in close proximity to the subject property. Accordingly, B. McColl did not participate in any discussion or vote regarding this matter.

B. McColl left the meeting at this time.

The Committee was advised the applicant requested permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of 180m on King Street and an area of 2.01 hectares. The retained land at the corner of King Street East, Tu-Lane Street and Gateway Park Drive having a width of 57.6m on King Street East and an area of 1.82 hectares. Permission is also being requested to grant an access easement on the newly proposed lot line, and further to access points on Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m. The severance will allow both parcels to be dealt with separately for the purpose of financing. No changes are proposed to the buildings or parking areas.

The Committee considered Development Services Department report DSD-2024-420, dated September 6, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 6, 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 August 2, 2024, advising they have no concerns with the subject application.

E. Elliott, MHBC Planning was in attendance requesting a deferral to allow an opportunity to engage Enova Power regarding their requirements related to the proposed lot severance.

The Committee discussed deferral of the subject application to the December 10, 2024 meeting or earlier, to allow the applicant sufficient time to engage Enova Power.

• Submission No. B 2024-017

  Moved by S. Hannah

  Seconded by B. Santos

  That the application of 1289193 ONTARIO INC requesting permission to grant an access easement on a newly proposed lot line, and further to access points on Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m generally in accordance with the severance sketch, prepared by MHBC Planning, dated May 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario, BE DEFERRED until December 10, 2024, or earlier to allow the agents’ applicant an opportunity to engage Enova Power regarding their requirements related to the proposed lot severance.

  Carried
• Submission No. B 2024-018

  Moved by S. Hannah

  Seconded by B. Santos

  That the application of 1289193 ONTARIO INC requesting permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of  237m, a depth of 140m, and an area of 20,092sq.m., and to create an Easement over the ‘Severed Parcel’, in favour of the ‘Retained Parcel’ for access, generally in accordance with the severance sketch, prepared by MHBC Planning, dated March 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, 135 Gateway Park Drive, Kitchener, Ontario, BE DEFERRED until December 10, 2024, or earlier to allow the agents’ applicant an opportunity to engage Enova Power regarding their requirements related to the proposed lot severance.

  Carried

6.

NEW BUSINESS

6.1

A 2024-068 - 22 Woodfern Court, DSD-2024-414

Submission No.: A 2024-068
Applicant: 22 Woodfern Crt. Inc.
Property Location: 22 Woodfern Court
Legal Description: Lot 25, Plan 1270

Appearances:

In Support:

R. Mounsey

Contra:

None

Written Submissions:

M. Ashton

B. McColl re-entered the meeting at this time.

The Committee was advised the applicant requested permission to permit 20 parking spaces rather than the required 34 parking spaces and 3 visitor parking spaces rather than the required 6 visitor parking spaces to facilitate the conversion of the existing 17-unit multi-residential building into a 34-unit multi-unit residential dwelling in accordance with Site Plan Application SP24/052/W/ES.

The Committee considered Development Services Department report DSD-2024-414, dated September 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

R. Mounsey, Urban Insights Inc. was in attendance in support of the staff recommendation. 

Moved by S. Hannah

Seconded by B. McColl

• That the application of 22 WOODFERN CRT INC requesting minor variances to permit 20 parking spaces rather than the required 34 parking spaces and 3 visitor parking spaces rather than the required 6 visitor parking spaces to facilitate the conversion of the existing 17-unit multi-residential building into a 34-unit multi-unit residential dwelling in accordance with Site Plan Application SP24/052/W/ES, on Lot 25, Plan 1270, 22 Woodfern Court, Kitchener, Ontario, BE APPROVED.

   

  It is the opinion of this Committee that:

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

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

  Carried

6.2

A 2024-069 - 68 West Acres Crescent, DSD-2024-393

Submission No.: A 2024-069
Applicant: Pietro Donato & Dominic Donato
Property Location: 68 West Acres Crescent
Legal Description: Part Lot 8, Plan 864; being Part 7 on Registered Plan 58R-5876

Appearances:

In Support:

M. Caravelho

P. Donato

D. Donato

Contra:

S. Harding

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a front yard setback of 9m rather than the required 11.8m to facilitate the construction of a single detached dwelling on the subject property.

The Committee considered Development Services Department report DSD-2024-393, dated August 30, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

M. Caravelho, D. Donato and P. Donato were in attendance in support of the staff recommendation.

S. Harding was in attendance in opposition noting concerns regarding drainage unto her property. In response to questions from the Committee, T. Malone-Wright noted appropriate grading and draining is managed through the building permit process thus any adverse impacts on neighbouring properties will be mitigated. 

Moved by S Hannah

Seconded by B. McColl

• That the application of GUILA MARIA DONATO and PIETRO DONATO requesting a minor variance to permit a front yard setback of 9m rather than the required 11.8m to facilitate the construction of a single detached dwelling on the subject property, generally in accordance with drawings prepared by J.D. Barnes Limited, dated August 9, 2024, on Part Lot 8, Plan 864; being Part 7 on Reference Plan 58R-5876, 68 West Acres Crescent, Kitchener, Ontario, BE APPROVED.

   

  It is the opinion of this Committee that:

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

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

  Carried

6.3

A 2024-070 - 47 Hugo Crescent, DSD-2024-390

Submission No.: A 2024-070
Applicant: 100028814 c/o Danny Robert Bray, Benjamin John Bray, Jordan Taylor
Property Location: 47 Hugo Crescent
Legal Description: Lots 9 & 10, Plan 1119

Appearances:

In Support:

V. Suen

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit 13 parking spaces (1.08 parking spaces per dwelling unit) rather than the required 14 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the development of an additional dwelling unit within the existing 11-unit multiple dwelling for a total of 12 dwelling units in accordance with Site Plan Application SP24/046/H/TS.

The Committee considered Development Services Department report DSD-2024-390, dated September 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

V. Suen, Build X Design was in attendance in support of the staff recommendation.

Moved by B. Santos

Seconded by B. McColl

• That the application of 1000328814 ONTARIO INC requesting a minor variance to permit 13 parking spaces (1.08 parking spaces per dwelling unit) rather than the required 14 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the development of an additional dwelling unit within the existing 11-unit multiple dwelling for a total of 12 dwelling units in accordance with Site Plan Application SP24/046/H/TS, on Lots 9 & 10, Plan 1119, 47 Hugo Crescent, Kitchener, Ontario, BE APPROVED.

   

  It is the opinion of this Committee that:

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

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

  Carried

6.4

A 2024-071 - 509 Wilson Avenue, DSD-2024-398

Submission No.: A 2024-071
Applicant: 509 Wilson Ltd.
Property Location: 509 Wilson Avenue
Legal Description: Part Lot 7, Plan 1525; being Parts 4, 7, 16 to 19 on Registered Plan 58R-4670

Appearances:

In Support:

S. Malhotra

S. Chhabra

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a 'Personal Services' use in Unit 6 of the existing building whereas the property is zoned 'Campus Commercial Zone (C-8)' in Zoning By-law 85-1 which permits a 'Personal Services' however, Special use Provision 112U does not. The subject property is designated 'Commercial' in a 'Major Transit Station Area' in the 2014 Official Plan which permits the 'Personal Services' use.

The Committee considered Development Services Department report DSD-2024-398, dated September 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

S. Malhotra and S. Chhabra, Oceania Esthetics Studio Inc. were in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by B. McColl

• That the application of 509 WILSON LTD requesting a minor variance from Special Use Provision 112U of Zoning By-law 85-1 to permit a 'Personal Services' use in Unit 6 of the existing building generally in accordance with drawings prepared by the applicant, attached to Minor Variance Application A2024-071, on Part Lot 7, Plan 1525; being Parts 4, 7, 16 to 19 on Reference Plan 58R-4670, 509 Wilson Avenue, Kitchener, Ontario, BE APPROVED.

   

  It is the opinion of this Committee that:

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

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

  Carried

6.5

A 2024-072 - 565 Topper Woods Crescent, DSD-2024-388

Submission No.: A 2024-072
Applicant: Emmanuel & Effriel Dela Paz
Property Location: 565 Topper Woods Crescent
Legal Description: Lot 92, Plan 58M-384

Appearances:

In Support:

E. & E. Dela Paz

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a ‘Catering Service Establishment’ in a single detached dwelling with an Additional Dwelling Unit (Attached) whereas this Home Occupation is only permitted in a Single Detached Dwelling.

The Committee considered Development Services Department report DSD-2024-388, dated September 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

E. and E. Dela Paz were in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by S. Hannah

• That the application of EFFRIEL SANTIAGO DELA PAZ and EJAZ ALI KHAN RANA and EMMANUEL CRUZ DELA PAZ and SAIMA RAANA requesting a minor variance to permit a ‘Catering Service Establishment’ in a single detached dwelling with an Additional Dwelling Unit (Attached) whereas this Home Occupation is only permitted in a Single Detached Dwelling, generally in accordance with drawings prepared by Effriel Dela Paz attached to Minor Variance Application A2024-072, on Lot 92, Plan 58M-384, 565 Topper Woods Crescent, Kitchener, Ontario, BE APPROVED.

   

  It is the opinion of this Committee that:

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

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

  Carried

6.6

A 2024-073 - 109 Edgehill Drive, DSD-2024-389

Submission No.: A 2024-073
Applicant: Todd & Magda Cober
Property Location: 109 Edgehill Drive
Legal Description: Part Lot 24, Plan 698

Appearances:

In Support:

T. Cober

D. O Malley

Contra:

None

Written Submissions:

None

B. McColl declared a pecuniary interest with respect to minor variance application A 2024-073 - 109 Edgehill Drive, DSD-2024-389, on the agenda this date due to owning property in close proximity to the subject property. Accordingly, B. McColl did not participate in any discussion or vote regarding this matter.

B. McColl left the meeting at this time.

The Committee was advised the applicant requested permission to permit an accessory structure to have a building height of 6.73m rather than the permitted 5.5m to facilitate the construction of a pool house in the rear yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2024-389, dated August 30, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

T. Malone Wright advised the Committee of revisions to the subject minor variance application noting Staff recommend the accessory structure have a building height of 6.8m rather than the requested 6.73m to allow the applicant flexibility in the construction of the proposed pool house. Further, it was noted application indicates the maximum permitted height for the accessory structure is 5.5m however the maximum permitted height is 3.3m.

T. Cober was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by B. Santos

• That the application of MAGDALENA ANNA COBER and TODD WARREN COBER requesting a minor variance to permit an accessory structure to have a building height of 6.8m rather than the permitted 3m to facilitate the construction of a pool house in the rear yard of an existing single detached dwelling, generally in accordance with drawings prepared by M. Tomlinson Residential Drafting, dated August 1, 2024, on Part Lot 24, Plan 698, 109 Edgehill 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

6.7

A 2024-074 - 177 Esson Street, DSD-2024-386

Submission No.: A 2024-074
Applicant: Cameron Ross
Property Location: 177 Esson Street
Legal Description: Lot 64, Plan 203

Appearances:

In Support:

C. Ross

Contra:

None

Written Submissions:

None

B. McColl re-entered the meeting at this time.

The Committee was advised the applicant requested permission to permit an unenclosed front porch to be located 2m from the front lot line rather than the required 3m; the porch steps to be located 1m from the front lot line rather than the required 3m; and, to permit part of the porch having a height of 0.98m to be located within the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT in order to replace an existing front porch.

The Committee considered Development Services Department report DSD-2024-386, dated August 29, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by B. Santos

• That the application of CAMERON DONOVAN ROSS and VICKI SUSAN KUULA-ROSS requesting minor variances to permit an unenclosed front porch to be located 2m from the front lot line rather than the required 3m; the porch steps to be located 1m from the front lot line rather than the required 3m; and, to permit part of the porch having a height of 0.98m to be located within the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT in order to replace an existing front porch, generally in accordance with the drawings prepared by the owner and the drawings submitted to the building permit prepared by Nathan Siemon, dated July 9, 2024, on Lot 64, Plan 203, 177 Esson 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

6.8

A 2024-075 - 96 Wood Street, DSD-2024-422

Submission No.: A 2024-075
Applicant: Nadajda Vladco & Natalia Podolean
Property Location: 96 Wood Street
Legal Description: Lot 28, Plan 287

Appearances:

In Support:

J. Dantzy

N. Podolean

R. Masri

N. Ryan

Contra:

M. Grieco

Written Submissions:

I. Cote

M. Grieco

T. Pilcher

Jennifer

A. Wong

E. Beyers

L. & W. Hickman

M. Rudy-Froese

P. Koop

J. Fowler

A. Gordon

William

K. Snyder

O. Koop

Sarah

J. & A. Weber Steckly

M. Reynolds

N. Majury

K. Phillips

C. Puddy

A. Marshall

L. McDonald

A. Harding

The Committee was advised the applicant requested permission to permit a visibility obstruction (a fence) having a height of 1.83m within one side of the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT; a lot area of 393 sq.m. rather than the required 450 sq.m; a front yard setback of 3.8m rather than the required 4.5m; an exterior side yard setback abutting York Street of 2.5m rather than the required 4m; a building height of 12m rather than the maximum permitted 11m to facilitate the redevelopment of the property into an 8-unit multi-residential dwelling.

The Committee considered Development Services Department report DSD-2024-422, dated September 9, 2024, recommending a deferral until December 10, 2024, or earlier as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

R. Masri and N. Ryan, Masri O Inc. were in attendance in opposition to the staff recommendation for deferral and noted variances to the Driveway Visibility Triangle can be addressed in an alternative manner such as removal of the subject fence. Further, R. Masri noted the applicant noted is willing to reduce the proposed building height if required.

The Committee discussed deferral of the subject application to the December 10, 2024 meeting or earlier, noting further information as outlined in Development Services Department report DSD-2024-420 is required from the applicant in order for the Committee to make a comprehensive decision on the application.

D. Pateman noted he would not be voting in favour of the deferral as he believes the application meets the four tests of the Planning Act.

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

Moved by B. McColl

Seconded by S. Hannah

• That the application of NADEJDA VLADCO and NATALIA PODOLEAN requesting a minor variance to permit a visibility obstruction (a fence) having a height of 1.83m within one side of the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT; a lot area of 393 sq.m. rather than the required 450 sq.m; a front yard setback of 3.8m rather than the required 4.5m; an exterior side yard setback abutting York Street of 2.5m rather than the required 4m; a building height of 12m rather than the maximum permitted 11m to facilitate the redevelopment of the property into an 8-unit multi-residential dwelling, generally in accordance with drawings prepared by Masri O Inc. Architects, dated October 18, 2023, revised August 2, 2024, on Lot 28, Plan 287, 96 Wood Street, Kitchener, Ontario, BE DEFERRED until December 10, 2024, or earlier, to allow the applicant an opportunity to prepare, submit and obtain approval of a Tree Protection and Enhancement Plan and Planning Justification as outlined in Development Services Department report DSD-2024-420.

  Carried

6.9

A 2024-076 - 332 Charles Street East, DSD-2024-399

Submission No.: A 2024-076
Applicant: 332 Charles GP Inc. c/o VIVE Development 
Property Location: 332 Charles Street East
Legal Description: Lot 208, Lot 209, Part Lot 207, Part Lot 210, Plan 303

Appearances:

In Support:

P. Chauvin

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to Zoning By-law 85-1 to permit a ground floor building height along Charles Street of 4.2m rather than the required 4.5m; a minimum westerly side yard setback abutting a street (Betzner Avenue South) of 6.9m for 6 storeys or greater rather than the permitted 6.9m for 5 storeys or greater; a maximum westerly side yard setback abutting a street (Betzner Avenue South) of 7.1m for 6 storeys or greater rather than the permitted 7.1m for 5 storeys or greater; a minimum easterly side yard setback of 6.8m for 6 to 14 storeys rather than the permitted 4.9m for 5 to 14 storeys; a maximum easterly side yard setback of 7m for 6 to 14 storeys rather than the permitted 5.1m for 5 to 14 storeys; a minimum easterly side yard setback of 6.8m for 15 storeys or greater rather than the permitted 6.9m for 15 storeys or greater; a rear yard setback of 9.7m for 6 storeys or greater rather than the permitted 9.1m for 5 storeys or greater; a front yard setback of 3.2m for 15 storeys or greater rather than the permitted 1.9m for 15 storeys or greater; an easterly side yard setback of 0.7m for the 5th to 6th storey stairwell rather than the required 4.9m; and, a rear yard setback of 3.1m for the 5th to 6th storey stairwell rather than the required to 8.9m to facilitate the construction of a 27-storey building having 285 dwelling units in accordance with Conditionally Approved Site Plan Application SP24/017/C/CD.

The Committee considered Development Services Department report DSD-2024-399, dated September 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 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 August 30, 2024, advising they have no concerns with the subject application.

P. Chauvin, MHBC Planning was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by S. Hannah

• That the application of 332 CHARLES GP INC requesting minor variances to Zoning By-law 85-1 to permit a ground floor building height along Charles Street of 4.2m rather than the required 4.5m; a minimum westerly side yard setback abutting a street (Betzner Avenue South) of 6.9m for 6 storeys or greater rather than the permitted 6.9m for 5 storeys or greater; a maximum westerly side yard setback abutting a street (Betzner Avenue South) of 7.1m for 6 storeys or greater rather than the permitted 7.1m for 5 storeys or greater; a minimum easterly side yard setback of 6.8m for 6 to 14 storeys rather than the permitted 4.9m for 5 to 14 storeys; a maximum easterly side yard setback of 7m for 6 to 14 storeys rather than the permitted 5.1m for 5 to 14 storeys; a minimum easterly side yard setback of 6.8m for 15 storeys or greater rather than the permitted 6.9m for 15 storeys or greater; a rear yard setback of 9.7m for 6 storeys or greater rather than the permitted 9.1m for 5 storeys or greater; a front yard setback of 3.2m for 15 storeys or greater rather than the permitted 1.9m for 15 storeys or greater; an easterly side yard setback of 0.7m for the 5th to 6th storey stairwell rather than the required 4.9m; and, a rear yard setback of 3.1m for the 5th to 6th storey stairwell rather than the required to 8.9m to facilitate the construction of a 27-storey building having 285 dwelling units in accordance with Conditionally Approved Site Plan Application SP24/017/C/CD, on Lots 208 and 209, Part Lots 207 and 210, Plan 303, 332 Charles Street East, Kitchener, Ontario, BE APPROVED.

   

  It is the opinion of this Committee that:

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

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

  Carried

6.10

B 2024-023 - Ridgemount Street (Block 101, Registered Plan 58M-616), DSD-2024-403

Submission No.: B 2024-023
Applicant: Activa Holdings Inc. c/o Peter Armbruster
Property Location: Ridgemount Street (Block 101, Registered Plan 58M-616)
Legal Description: Block 101, Plan 58M-616

Appearances:

In Support:

M. Witmer

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 13.3m on Ridgemount Street, a depth of 46.1m and an area of 533 sq.m. to convey as a lot addition to the adjacent property municipally addressed as 448 New Dundee Road. The retained lands will have a width of 11.6m on Ridgemount Street, a depth of 38.9m and an area of 511 sq.m. Both parcels of land are proposed for residential use.

The Committee considered Development Services Department report DSD-2024-403, dated September 4, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 4, 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 August 30, 2024, advising they have no concerns with the subject application.

M. Witmer, GSP Group Inc. was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by B. McColl

• That the application of ACTIVA HOLDINGS INC requesting permission to sever a parcel of land having a width of 13.3m on Ridgemount Street, a depth of 46.1m and an area of 533.1 sq.m. to convey as a lot addition to the adjacent property municipally addressed as 448 New Dundee Road, as generally shown on the Consent Sketch, prepared by GSP Group, dated June 27, 2023, on Block 101, Plan 58M-616, Ridgemount Street (Vacant Lot), 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 size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the 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.
  5. 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.

  Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the property owner shall take alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor.  

  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.
  9. That property owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  10. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
  11. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  It is the opinion of this Committee that:

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

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

  Carried

6.11

B 2024-024 & A 2024-077 - 525 Highland Road West, DSD-2024-401

Submission No.: B 2024-024 & A 2024-077
Applicant: Highland Park Shopping Centre Ltd
Property Location: 525 Highland Road West
Legal Description: Part Lot 21, Plan 1004; being Parts 1 to 4 on Registered Plan RP 58R-5638

Appearances:

In Support:

M. Witmer

E. Cheng

Contra:

None

Written Submissions:

E. Wheatcroft

The Committee was advised the applicant requested permission to sever an irregular-shaped parcel of land having a width of 5.7m, a depth of 58.2m and an area of 276 sq.m. to convey as a lot addition to the adjacent property municipally addressed as 563 Highland Road West. The retained lands will have a width of 96m, a depth of 112.78m and an area of 10,615 sq.m. A minor variance is also requested to permit an easterly side yard setback of 2.5m rather than the required 3m to facilitate the newly proposed lot line arising from the severance.

The Committee considered Development Services Department report DSD-2024-401, dated September 4, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 2024, and September 4, 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 August 30, 2024, advising they have no concerns with the subject application.

M. Witmer, GSP Group Inc. was in attendance in support of the staff recommendation. In regard to a written submission outlining concerns with changes to the lot line boundary, M. Witmer noted the purpose of the lot line change is for financing and administrative purposes and there will be no physical modifications to the subject lot.

D. Pateman noted he would not be voting in favour of approval of the application due to concerns that the severance will create an orphan lot.

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

• Submission No. B 2024-024

  Moved by B. Santos

  Seconded by B. McColl

  That the application of HIGHLAND PARK SHOPPING CENTRE LTD requesting permission to sever an irregular-shaped parcel of land having a width of 5.75m, a depth of 58.21m and an area of 276 sq.m. to convey as a lot addition to the adjacent property municipally addressed as 563 Highland Road West on Part Lot 21, Plan 1004; being Parts 1 to 4 on Reference Plan 58R-5638, 525 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A 2024-077 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 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.

  Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the property owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor.

  7. That the property owner shall:

  1. Complete a Building Code Assessment for the existing building proposed 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 shall submit a Notice of Source Water Protection Plan Compliance, 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.

   

  Carried
• Submission No. A 2024-077

  Moved by B. Santos

  Seconded by B. McColl

  That the application of HIGHLAND PARK SHOPPING CENTRE LTD requesting a minor variance to permit an easterly side yard setback of 2.5m rather than the required 3m to facilitate the newly proposed lot line arising from the severance (Consent Application B 2024-024), generally in accordance with drawings prepared by Van Harten Land Surveyors, dated July 29, 2024, on Part Lot 21, Plan 1004; being Parts 1 to 4 on Reference Plan 58R-5638, 525 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

6.12

B 2024-025, A 2024-078 & A 2024-079 - 15 Dellroy Avenue & 1055 Weber Street East, DSD-2024-410

Submission No.: B 2024-025, A 2024-078 & A 2024-079
Applicant: 2296342 Ontario Inc c/o Bob Savic
Property Location: 15 Dellroy Avenue & 1055 Weber Street East
Legal Description: Plan 307, Lot 104 to Lot 109, Part Lot 130 to Part Lot 135, Part Lot 160 closed sts and lns subj to row

Appearances:

In Support:

S. Patterson

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 19.2m on Dellroy Avenue, a depth of 73.1m and an area of 41,35.2 sq.m and will contain a proposed 18-storey multi-residential building having 238 dwelling units. The retained land will have a width of 47.3m on Dellroy Avenue, a depth of 44.3m and an area of 1,364.6 sq.m. and will contain an existing 6-storey building having 46 dwelling units on the property municipally addressed as 15 Dellroy Avenue. Minor variances are also being requested for the retained land to have a northerly side yard setback of 1m rather than the required 4.5m and a rear yard setback of 1.0m rather than the required 7.5m. Minor variances are also being requested for the severed land to have a lot width of 19.2m rather than the required 30m; a rear yard setback of 6m rather than the required 7.5m, and, a Floor Space Ratio (FSR) of 4.2 rather than the maximum permitted FSR of 4.0.

The Committee considered Development Services Department report DSD-2024-410, dated September 4, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 2024, and September 4, 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 August 26, 2024, advising they have no concerns with the subject application.

T. Malone-Wright noted the applicant requested condition 3 of the staff recommendation for B 2024-025 be removed and Staff is in support of the request.

S. Patterson, Patterson Planning Consultants Inc. was in attendance in support of the staff recommendation.

B. Santos brought forward the staff recommendation as outlined in Development Services Department report DSD-2024-110 including an amendment to omit condition 3 of B 2024-025. The motion including the amendment was then voted on, and was Carried, as amended.

• Submission No. B 2024-025

  Moved by B. Santos

  Seconded by S. Hannah

  That the application of 2296342 ONTARIO INC requesting consent to sever a parcel of land having a width of 19.2m on Dellroy Avenue, a depth of 73.1m and an area of 41,351.2 sq.m., on Lots 104-107, Part of Lots 108, 109, 130-135, Plan 307; Lot 160, Streets & Lanes; being Part 1 on Reference Plan 58R-22023, 15 Dellroy Avenue, Kitchener, Ontario BE APPROVED, subject to the following conditions:

  1. That Minor Variance Applications A 2024-078 and A 2024-079 receive final approval.
  2. That Site Plan Application SP22/158/D/BB receive final approval.
  3. That the property owner’s Solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  4. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property.
  5. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  6. That the 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.
  9. That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  10. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
  11. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $339,253.00.
  12. That the property owner shall:

  1. Complete a Building Code Assessment for the existing building 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.

  13. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  14. That the property owner shall submit a Notice of Source Water Protection Plan Compliance, to the satisfaction of the Region.
  15. That the property owner shall submit a Stormwater Management Report for the site to the satisfaction of the Regional Municipality of Waterloo.
  16. That the property owner shall enter into a registered development agreement with the City of Kitchener, to complete a Record of Site Condition prior to building occupancy, to the satisfaction of the Regional Municipality of Waterloo.
  17. That the property owner shall enter into a registered development agreement with the Regional Municipality of Waterloo:

  1. to submit a satisfactory Salt Management Plan prior to Site Plan approval, to the satisfaction of the Regional Municipality of Waterloo;
  2. to complete an Environmental Noise Study to assess transportation and stationary noise prior to final Site Plan Approval, and to enter into a Registered Development Agreement with the Regional Municipality of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the study, all to the satisfaction of the Regional Municipality of Waterloo; and
  3. to secure the prohibition of geothermal energy and private wells on site 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.

  Carried, as amended
• Submission No. A 2024-078

  Moved by B. Santos

  Seconded by S. Hannah

  That the application of 2296342 ONTARIO INC requesting minor variances for the retained land (Consent Application B2024-025) to have a northerly side yard setback of 1m rather than the required 4.5m and a rear yard setback of 1.0m rather than the required 7.5m, generally in accordance with drawings prepared by Patterson Planning Consultants, on Lots 104-107, Part of Lots 108, 109, 130-135, Plan 307; Lot 160, Streets & Lanes; being Part 1 of Reference Plan 58R-22023, 15 Dellroy 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
• Submission No. A 2024-079

  Moved by B. Santos

  Seconded by S. Hannah

  That the application of 2296342 ONTARIO INC requesting minor variances for the severed land (Consent Application B2024-025) to have a lot width of 19.2m rather than the required 30m; a rear yard setback of 6m rather than the required 7.5m, and, a Floor Space Ratio (FSR) of 4.2 rather than the maximum permitted FSR of 4.0,  generally in accordance with drawings prepared by Patterson Planning Consultants, on Lots 104-107, Part of Lots 108, 109, 130-135, Plan 307; Lot 160, Streets & Lanes; being Part 1 of Reference Plan 58R-22023, 15 Dellroy 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

7.

ADJOURNMENT

On motion, this meeting adjourned at 11:43 p.m.

 

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment