Committee of Adjustment

Committee Minutes

Tuesday, January 21, 2025 at 9:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• B. Santos, Member
• B. McColl, Member
• M. Gambetti, Member
• A. Brennan, Member
• M. Melo, Member

Staff:

• T. Malone-Wright, Manager, Development Approvals
• S. Hajgato, Transport Planning Analyst
• M. Mills, Committee Coordinator
• C. Owen, Administrative Clerk

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1.

COMMENCEMENT

The Committee of Adjustment met this date commencing at 9:02 a.m.

2.

IN CAMERA MEETING AUTHORIZATION

It was requested the Committee enact a resolution to authorize an in-camera meeting for education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001.

Moved by B. McColl

Seconded by M. Gambetti

• it was resolved:

  "That an in-camera meeting be held immediately prior to the Public meeting of the Committee of Adjustment this date for members of the Committee of Adjustment to receive education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001."

  Carried

3.

RECESS AND RECONVENE

The Committee recessed at 9:05 a.m. for an in-camera meeting for education and training and reconvened at 10:15 a.m. with all members present.

4.

ADMINISTRATIVE BUSINESS

4.1

CHAIR NOMINATION AND APPOINTMENT

Moved by B. McColl

Seconded by B. Santos

• it was resolved:

  "That Brian Santos be appointed as Chair for the Committee of Adjustment, for the term ending November 30, 2026."

  Carried

4.2

VICE-CHAIR NOMINATION AND APPOINTMENT

Moved by B. Santos 

Seconded by B. McColl

• it was resolved:

  "That Bob McColl be appointed as Vice-Chair for the Committee of Adjustment, for the term ending November 30, 2026."

  Carried

5.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

None.

6.

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

7.

NEW BUSINESS

7.1

A 2025-001 - 535 Manitou Drive, DSD-2025-017

Submission No.: A 2025-001
Applicant: 535 Manitou Drive Inc c/o Laurence Goldstein
Property Location: 535 Manitou Drive
Legal Description: Part Lot 32, Plan 1489; being Parts 15-18 on Reference Plan 58R-5097, and Part Lot 33, Plan 1489, Parts 1 & 2 on Reference Plan 58R-7452; and Part Lot 33, Plan 1489, Part 1 on Reference Plan 58R-14797

Appearances:

In Support:

S. Patterson

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit a minimum exterior side yard abutting Homer Watson Boulevard of 3.75m rather than the required 6m; and, having 110 parking spaces rather than the required 82 parking spaces, to facilitate the development of 2 business park employment-use buildings in accordance with Site Plan application SP24/067/M/BB. 

The Committee considered Development Services Department report DSD-2025-017, dated January 8, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 20, 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 January 3, 2025, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by M. Gambetti 

• That the application of 535 MANITOU DRIVE INC requesting minor variances to permit a minimum exterior side yard abutting Homer Watson Boulevard of 3.75m rather than the required 6m; and, having 110 parking spaces rather than the required 82 parking spaces, to facilitate the development of 2 business park employment-use buildings in accordance with Site Plan application SP24/067/M/BB, on Part Lot 32, Plan 1489; being Parts 15-18 on Reference Plan 58R-5097, and Part Lot 33, Plan 1489, Parts 1 & 2 on Reference Plan 58R-7452; and Part Lot 33, Plan 1489, Part 1 on Reference Plan 58R-14797; 535 Manitou Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

7.2

A 2025-002 - 72 Strange Street, DSD-2025-020

Submission No.: A 2025-002
Applicants: Benjamin Locke and Elizabeth Locke
Property Location: 72 Strange Street
Legal Description: Part Lot 484, Plan 378

Appearances:

In Support:

B. Locke

Contra:

None

Written Submissions:

W. Guo

The Committee was advised the applicant requested a minor variance to permit a westerly side yard setback of 0.63m rather than the required 1.2m to facilitate the construction of an addition in the rear yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2025-020, dated January 8, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 20, 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 January 3, 2025, advising they have no concerns with the subject application.

B. Locke was in attendance in support of the staff recommendation.

Moved by M. Melo

Seconded by B. McColl

• That the application of BENJAMIN LOCKE and ELIZABETH LOCKE requesting a minor variance to permit a westerly side yard setback of 0.63m rather than the required 1.2m to facilitate the construction of an addition in the rear yard of an existing single detached dwelling, in accordance with drawings prepared by Groen Design & Drafting Services, submitted with Minor Variance Application A 2025-002, on Part Lot 484, Plan 378, 72 Strange 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

7.3

A 2025-003 - 126 Highland Road West, DSD-2025-021

Submission No.: A 2024-003
Applicants: Erican Realty Management Inc. and Aman Woldegerghish
Property Location: 126 Highland Road West
Legal Description: Lot 5, Plan 222

Appearances:

In Support:

R. Sajkunovic

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission for the enlargement or extension of a legal non-conforming use, a single detached dwelling, to facilitate the addition of an Additional Dwelling Unit (ADU) (attached) to the existing single detached dwelling in “Mixed Use Zone (MIX-1)" of Zoning By-law 2019-051.

The Committee considered Development Services Department report DSD-2025-021, dated January 8, 2025, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 20, 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 January 3, 2025, advising they have no concerns with the subject application.

R. Sajkunovic, JR Design and Consultants, was in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by M. Melo

• That the application of ERICAN REALTY MANAGEMENT INC and AMAN WOLDEGERGHISH requesting permission for the enlargement or extension of a legal non-conforming use, a single detached dwelling, to facilitate the addition of an Additional Dwelling Unit (ADU) (attached) to the existing single detached dwelling in “Mixed Use Zone (MIX-1)” of Zoning By-law 2019-051, generally in accordance with drawings prepared by JR Design and Consultants, dated October 2024, on Lot 5, Plan 222, 126 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner shall alter the existing driveway to conform with Zoning By-law 2019-051.
  2. That the property owner shall complete the work, identified in Condition No. 1, by June 1, 2025. Any request for a time extension must be approved, in writing, by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void.

  It is the opinion of this Committee that:

  1. The approval of this application is in the public interest as the proposed use would provide a form of gentle intensification.
  2. The enlargement or extension will not result in any adverse or unacceptable impacts as the required parking spaces can be accommodated on the site, and no new additional floor area is proposed to the existing building.

  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

7.4

A 2025-004 - 240 Chapel Street, DSD-2025-026

Submission No.: A 2025-004
Applicant: Skai Avenue Inc c/o Michael Addai-Dwomoh
Property Location: 240 Chapel Street
Legal Description: Part Lot 10 & Part Lot 11, Plan 768

Appearances:

In Support:

S. Al Mathno

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit an easterly side yard setback of 0.4m rather than the required 1.2m; and, to have an unobstructed walkway that is a minimum of 0.92m in width rather than the required 1.1m to facilitate the construction of an Additional Dwelling Unit (ADU) in the rear yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2025-026, dated January 10, 2025, recommending approval subject to a condition for the minor variance request related to the easterly side yard setback; and refusal for the minor variance request related to an unobstructed walkway as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 20, 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 January 3, 2025, advising they have no concerns with the subject application.

S. Al Mathno, QBS Architects Inc., was in attendance in support of the staff recommendation for approval of the minor variance request related to the easterly side yard setback. S. Al Mathno noted opposition to the staff recommendation for the refusal of the minor variance request related to the unobstructed walkway. S. Al Mathno requested the Committee approve the variance for the unobstructed walkway to have a width of 0.92m as the proposed width is an existing condition. S. Al Mathno noted to be able to achieve an unobstructed 1.1m walkway, modifications to an existing chimney and utility meter would be required, which would be financially burdensome for the property owner. S. Al Mathno suggested the Committee approve the proposed variance related to the walkway including a condition that the property owner be required to make modifications to the chimney and utility meter, if/when the neighboring property owner constructs a fence between the two properties in the future.

It was requested the variances be voted on separately.

A motion to approve the variance for an easterly side yard setback of 0.4m was brought forward by B. McColl and was seconded by M. Gambetti. The motion was then voted on and was Carried. 

T. Malone-Wright advised the Committee a previous minor variance application, A2022-074, for the subject property was approved in July 2022, which permitted a reduced minimum side yard setback of 0.4m rather than 1.2m to facilitate the construction of the Additional Dwelling Unit (Detached) in the rear yard. However, during a site visit for the minor variance application being considered this date, staff discovered a chimney and utility meter on the left side of the main house projecting 0.18m into the 1.1m wide unobstructed walkway which were not identified in the previous minor variance application, site plan application, or building permit. As such, T. Malone-Wright noted Staff are recommending refusal of the proposed unobstructed walkway width of 0.92m required for the existing ADU (Detached) and the proposed basement Additional Dwelling Unit (Attached) as the the property is not currently zoning compliant. 

A motion to approve the variance for the unobstructed walkway having a minimum width of 0.92m was brought forward by M. Gambetti and was seconded by M. Melo.

The Committee emphasized the importance of an unobstructed walkway having a minimum width of 1.1m to provide a suitable emergency access route to the proposed ADU.

T. Malone-Wright advised the Committee, the projection of the utility meter into the walkway is of greater concern than the chimney as it projects further into the walkway. Further, T. Malone-Wright noted she had been in consultation with the Planner for the subject application and it was noted the projection of the chimney leaves a walkway width of 0.99m which is a minor variance (0.11m) from the required walkway width of 1.1m. As such, T. Malone-Wright advised, staff would be supportive the Committee approving an unobstructed walkway width of 0.99m rather than 0.92m as requested by the applicant. T. Malone-Wright also noted the applicant would be required to modify only the utility meter meter in order to construct an unobstructed walkway having a width of 0.99m which would address the financial concerns related to modifying the chimney previously raised by the applicant.

B. McColl brought forward an amendment to M. Gambetti's motion to amend the width of the unobstructed walkway to 0.99m rather 0.92m. The amendment was seconded by M. Melo. The amendment was then voted on and was Carried.

The motion, as amended was voted on and was Carried.

Moved by M. Gambetti

Seconded by M. Melo

• That the application of SKAI AVENUE INC requesting minor variances to permit an easterly side yard setback of 0.4m rather than the required 1.2m to facilitate the construction of an Additional Dwelling Unit (ADU) in the rear yard of an existing single detached dwelling; and, to permit an unobstructed walkway having a minimum width of 0.99m rather than 1.1m generally in accordance with drawings prepared by QBS Architects, dated December 16, 2024 on Part Lots 10 & 11, Plan 768, 240 Chapel Street, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That the property owner shall modify the existing driveway such that it does not exceed a maximum width of 8.0m, being located a minimum 0.46m from the easterly side lot line and is clearly distinguishable from all other ground cover or surfacing including landscaping and walkways, in accordance with the regulations of Zoning By-law 85-1, by May 31, 2025. Any request for a time extension must be approved in writing by the Manager of Development Approvals prior to completion date set out in this decision. Failure to complete this condition will result in this approval becoming null and void.

  It is the opinion of this Committee that:

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

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

  Carried, as amended

7.5

B 2025-001 - 284 Duke Street East, DSD-2025-019

Submission No.: B 2025-001
Applicants: Tim Bolton and Kathleen MacGregor
Property Location: 284 Duke Street East
Legal Description: Lot 6, Plan 129

Appearances:

In Support:

T. Bolton

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land in the rear yard, containing an existing garage, having a width of 12.7m, a depth of 12.1m and an area of 155.2 sq.m. to be conveyed as a lot addition to the property municipally addressed as 44 Betzner Avenue North.

The Committee considered Development Services Department report DSD-2025-019, dated January 8, 2025, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 6, 2025, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 3, 2025, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by M. Gambetti

• That the application of TIMOTHY BOLTON and KATHLEEN MACGREGOR requesting consent to sever a parcel of land in the rear yard, containing an existing garage, having a width of 12.7m, a depth of 12.1m and an area of 155.2 sq.m. to be conveyed as a lot addition to the property municipally addressed as 44 Betzner Avenue North, on Lot 6, Plan 129, 284 Duke Street East, 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 to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s).  The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the lands to be severed be added to the abutting lands and title be taken into identical property 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 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 property ownership, at the discretion of and to the satisfaction of the City Solicitor.  

  6. That the property owner shall obtain a Demolition Permit, for the existing metal-clad garage proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing metal-clad garage prior to deed endorsement.
  7. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  It is the opinion of this Committee that:

  1. 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

8.

ADJOURNMENT

On motion, the meeting adjourned at 11:18 a.m.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment