Committee of Adjustment

Committee Minutes

Tuesday, December 12, 2023 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• S. Hannah
• B. McColl
• M. Gambetti

Staff:

• T. Malone-Wright, Supervisor, Development Applications
• D. Seller, Transportation Services
• M. Blake, Committee Administrator
• A. Fox, 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 November 21, 2023, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

S. Hannah declared a pecuniary interest with respect to minor variance application A 2023-142 - 807 Frederick Street, DSD-2023-538 on the agenda this date due to a conflict of interest arising from his employment. Accordingly, S. Hannah did not participate in any discussion or vote regarding this matter.

3.1

S. Hannah - A 2023-142 - 807 Frederick Street, DSD-2023-538

S. Hannah declared a pecuniary interest with respect to minor variance application A 2023-142 - 807 Frederick Street, DSD-2023-538 on the agenda this date due to a conflict of interest arising from his employment. Accordingly, S. Hannah 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 2023-113 – 9 Siebert Avenue , DSD-2023-531

Submission No.: A 2023-113
Applicants: Robert Westbury
Property Location: 9 Siebert Avenue
Legal Description: Lot 80, Plan 812

Appearances:
In Support:

R. Westbury

Contra:  

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) to be located partially within the exterior side yard of the property abutting Clark Avenue, whereas the By-law does not permit an ADU to be located in an exterior side yard; and, and to facilitate two (2) required parking spaces to be located within 6.0m of a front or exterior lot line rather than the maximum one (1) parking space, to facilitate the conversion of a single detached duplex into a single detached duplex with ADU.

The Committee considered Development Services Department report DSD-2023-531, dated November 29, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 29, 2023, advising they have no concerns with the subject application.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee, R. Westbury noted they would likely not build a fence surrounding the yard and ADU.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of ROBERT RONALD WESTBURY requesting a minor variance to permit an Additional Dwelling Unit (ADU) (Detached) to be located partially within the exterior side yard of the property abutting Clark Avenue, whereas the By-law does not permit an ADU to be located in an exterior side yard; and, and to facilitate two (2) required parking spaces to be located within 6.0m of a front or exterior lot line rather than the maximum one (1) parking space, to facilitate the conversion of a single detached duplex into a single detached duplex with ADU, generally in accordance with the drawings submitted with Minor Variance Application A 2023-113, on Lot 80, Plan 812, 9 Siebert 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

6.

NEW BUSINESS

6.1

A 2023-137 - 48 Betzner Avenue North, DSD-2023-515

Submission No.: A 2023-137
Applicants: Marina Ivanova
Property Location: 48 Betzner Avenue North
Legal Description: Lot 9, Plan 129

Appearances:
In Support:

A. Charif

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to permit a lot width of 12.4m rather than the minimum required 13.1m to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the existing detached dwelling.

The Committee considered Development Services Department report DSD-2023-515, dated November 17, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 27, 2023, advising they have no concerns with the subject application.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by M. Gambetti

• That the application of MARINA VANEVA IVANOVA requesting a minor variance to permit a lot width of 12.4m rather than the minimum required 13.1m to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the existing detached dwelling, generally in accordance with drawings prepared by Decoplan INC., dated November 9th, 2023, on Lot 9, Plan 129, 48 Betzner Avenue North, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.2

A 2023-138 - 136 River Road East, DSD-2023-543

Submission No.: A 2023-138
Applicants: Russell Wilton & Pam Hallman
Property Location: 136 River Road East
Legal Description: Lot 158, Plan 937

Appearances:
In Support:

E. Saunderson

R. Wilton

Contra:                           

C. Regan

Written Submissions:

C. Regan

The Committee was advised the applicant requested minor variances to permit a reduced lot width of 19.1m rather than the minimum required 30m, a reduced interior side yard setback of 3m rather than the minimum required 4.5m; a reduced rear yard setback of 6.1m rather than the minimum required 7.5m; to permit a parking lot to be set back a minimum of 0.5m from the rear lot line rather than the minimum required 1.5m; and, to permit a parking requirement of 8 parking spaces inclusive of visitor and accessible parking (0.7 spaces per unit) rather than the minimum required 11 parking spaces (1.25 spaces per unit), to facilitate the redevelopment of the subject property with a multiple dwelling having 9 dwelling units.

The Committee considered Development Services Department report DSD-2023-543, dated November 29, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 23, 2023, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

E. Saunderson was in attendance in support of the staff recommendation.

C. Regan was in attendance in opposition of the application, noting concerns with privacy, shadows and noise disturbances.

T. Malone-Wright recommended the staff recommendation be amended to include the conditions proposed by CN Rail.

B. McColl moved the staff recommendation as outlined in Development Services Department report, DSD-2023-543. 

S. Hannah proposed an amendment to include the following conditions: 

1. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Planning, which shall include the following:

a. That prior to the issuance of building permit, the following plans are required to be approved:

i. Elevations of the proposed building, including elevations of the proposed rear terraces with appropriate screening, to the satisfaction of the Supervisor of Site Plans.

ii.  A stormwater management plan to the satisfaction of the Director of Engineering.

b. That the property owner shall agree that the parking spaces provided on site will be unbundled and to include a provision in all rental or lease agreements advising tenants that units may not include on-site parking, and that on-site parking may not be available for all visitors.

c. That the property owner shall agree that the dwelling units will be rental.

S. Hannah's amendment was then voted on and was Carried, as amended. 

Moved by B. McColl 

Seconded by M. Gambetti 

• That the application of PAMELA SARAH HALLMAN and RUSSELL THOMAS WILTON requesting a minor variance to permit a reduced lot width of 19.1m rather than the minimum required 30m, a reduced interior side yard setback of 3m rather than the minimum required 4.5m; a reduced rear yard setback of 6.1m rather than the minimum required 7.5m; to permit a parking lot to be set back a minimum of 0.5m from the rear lot line rather than the minimum required 1.5m; and, to permit a parking requirement of 8 parking spaces inclusive of visitor and accessible parking (0.7 spaces per unit) rather than the minimum required 11 parking spaces (1.25 spaces per unit), to facilitate the redevelopment of the subject property with a multiple dwelling having 9 dwelling units, generally in accordance with drawings prepared by Russell Wilton and Pam Hallman, dated October 27, 2023, on Lot 158, Plan 937, 136 River Road East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Planning, which shall include the following:

  a. That prior to the issuance of building permit, the following plans are required to be approved:

  i. Elevations of the proposed building, including elevations of the proposed rear terraces with appropriate screening, to the satisfaction of the Supervisor of Site Plans.

  
  ii.  A stormwater management plan to the satisfaction of the Director of Engineering.

  
  b. That the property owner shall agree that the parking spaces provided on site will be unbundled and to include a provision in all rental or lease agreements advising tenants that units may not include on-site parking, and that on-site parking may not be available for all visitors.

  
  c. That the property owner shall agree that the dwelling units will be rental.

  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

6.3

A 2023-139 - 107 Country Clair Street, DSD-2023-532

Submission No.: A 2023-139
Applicants: Marko & Janice Sirotic
Property Location: 107 Country Clair Street
Legal Description: Lot 49, Registered Plan 58M-398

Appearances:
In Support:

M. & J. Sirotic

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to permit a rear yard setback of 2.5m rather than the minimum required 7.5m to facilitate the construction of a sunroom addition at the rear of the existing detached dwelling.

The Committee considered Development Services Department report DSD-2023-532, dated November 24, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 27, 2023, advising they have no concerns with the subject application.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

M. & J. Sirotic were in attendance in support of the staff recommendation.

B. McColl moved the recommendation as outlined in Development Services Department report, DSD-2023-532.

It was suggested and agreed that the Committee’s decision this date be amended to include the construction of a "one-storey" sunroom addition in the rear of the existing detached dwelling.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of JANICE LESLIE SIROTIC and MARKO JOSIP SIROTIC requesting a minor variance to permit a rear yard setback of 2.5m rather than the minimum required 7.5m to facilitate the construction of a one-storey sunroom addition at the rear of the existing detached dwelling, generally in accordance with drawings prepared by Sunspace by Tropical Sunrooms Inc., dated November 2023, on Lot 49, Registered Plan 58M-398, 107 Country Clair 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, as amended

6.4

A 2023-140 - 332 Prospect Avenue, DSD-2023-533

Submission No.: A 2023-140
Applicants: Vlad Knezevic
Property Location: 332 Prospect Avenue
Legal Description: Part Lot 15, Plan 943; Being Part 2 on Reference Plan 58R-19728

Appearances:
In Support:

V. Knezevic

Contra:                          

None.

Written Submissions:

None.

The Committee was advised the applicant requested minor variances to permit a lot area of 342.2sq.m., rather than the minimum required 395sq.m., to permit a rear yard setback of 4.6m at the northwest corner and 6.9m at the northeast corner of the proposed building rather than the minimum required 7.5m to facilitate the construction of a single detached dwelling with two Additional Dwelling Units (ADU) (Attached) (Triplex).

The Committee considered Development Services Department report DSD-2023-533, dated November 28, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 23, 2023, advising they have no concerns with the subject application.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

V. Knezevic was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of VLADAN KNEZEVIC requesting a minor variance to permit a lot area of 342.2sq.m., rather than the minimum required 395sq.m., to permit a rear yard setback of 4.6m at the northwest corner and 6.9m at the northeast corner of the proposed building rather than the minimum required 7.5m to facilitate the construction of a single detached dwelling with two Additional Dwelling Units (ADU) (Attached) (Triplex), generally in accordance with drawings prepared by Bobicon Ltd., dated October 30, 2023, on Part Lot 15, Plan 943; Being Part 2 on Reference Plan 58R-19728, 332 Prospect 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

6.5

A 2023-141 - 24 Cherry Street, DSD-2023-530

Submission No.: A 2023-141
Applicants: Blake & Joanna Niemi
Property Location: 24 Cherry Street
Legal Description: Part Lot 437 to 438, Plan 375

Appearances:
In Support:

A. Tran

B. Niemi

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested minor variances to permit a lot width of 12.1m rather than the minimum required 13.1m; and, to permit an unobstructed walkway that is 1.05m in width, for a small portion of the walkway adjacent to a bay window, rather than the minimum required 1.1m to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard an existing detached dwelling.

The Committee considered Development Services Department report DSD-2023-530, dated November 29, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated  November 23, 2023, advising they have no concerns with the subject application.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

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

T. Malone-Wright noted support to amend staff’s recommendation outlined in the Development Services Department report, DSD-2023-530 to include the conditions proposed by CN Rail and Metrolinx.

The Committee noted the conditions proposed by CN Rail and Metrolinx are unnecessary and an onerous process for the applicant. As such, the Committee discussed and agreed not to impose those conditions in the decision this date, rather to approve the staff recommendation as outlined in the Development Services Department report, DSD-2023-530.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of BLAKE W NIEMI and JOANNA NIEMI requesting a minor variance to permit a lot width of 12.1m rather than the minimum required 13.1m; and, to permit a lot width of 12.1m rather than the minimum required 13.1m; and, to permit an unobstructed walkway that is 1.05m in width, for a small portion of the walkway adjacent to a bay window, rather than the minimum required 1.1m to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard an existing detached dwelling, generally in accordance with drawings prepared by Andy Tran, dated October 26, 2023, on Part Lot 437 to 438, Plan 375, 24 Cherry 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

6.6

A 2023-142 - 807 Frederick Street, DSD-2023-538

Submission No.: A 2023-142
Applicants: Stewart Moskovitch
Property Location: 807 Frederick Street
Legal Description: Lot 14, Plan 971

Appearances:
In Support:

E. Elliott

Contra:                           

None.

Written Submissions:

K. Downey

    

S. Hannah declared a pecuniary interest with respect to minor variance application A 2023-142 - 807 Frederick Street, DSD-2023-538 due to a conflict of interest arising from their employment. Accordingly, S. Hannah did not participate in any voting or discussion regarding this matter.

S. Hannah left the meeting at this time. B. McColl assumed the chair for the duration of this item.

The Committee was advised the applicant requested minor variances to avoid providing a Visual Barrier between the parking area and the abutting residential lot line to the east; and, to permit the 4 existing parking spaces to be located in the front yard within 3m of the street line, to facilitate the development of a 3.5-storey purpose-built rental apartment containing 16 dwelling units, on the property, in accordance with Conditionally Approved Site Plan Application SP23/056/F/ES.

The Committee considered Development Services Department report DSD-2023-538, dated December 4, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 23, 2023, advising they have no concerns with the subject application.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

E. Elliott was in attendance in support of subject application. E. Elliot addreses the staff recommendation, noting they were not in support of the recommendation to refuse the requested minor variance for the applicant to forgoe the installation of a visual barrier as required by the Zoning By-law. 

In response to questions from the Committee, T. Malone-Wright noted the intent of the regulation that requires a visual barrier is to protect the residential lands from the adverse effects of abutting parking areas on adjacent lands.

In response to further questions, T. Malone-Wright noted the adjacent property is currently functioning as a commercial property, however the subject lands are in fact residential zoning.

The Committee noted support of the staff recommendation, and stated the construction of a visual barrier is not an incredibly onerous process for the applicant.

Moved by M. Gambetti

Seconded by B. McColl

• That the application of 1164603 ONTARIO LIMITED requesting a minor variance to not providing a Visual Barrier between the parking area and the abutting residential lot line to the east, whereas the By-law requires a visual barrier , on Lot 14, Plan 971, 807 Frederick Street, Kitchener, Ontario, BE REFUSED.

  1. The variances requested in this application are not minor.
  2. This application is not desirable for the appropriate development of the property.
  3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property.

  -and-

  That the application of 1164603 ONTARIO LIMITED requesting a minor variance to permit the 4 existing parking spaces to be located in the front yard within 3m of the street line, to facilitate the development of a 3.5-storey purpose-built rental apartment containing 16 dwelling units, on the property, in accordance with Site Plan Application SP23/056/F/ES, on Lot 14, Plan 971, 807 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

6.7

A 2023-143 - 195 Franklin Street North, DSD-2023-528

Submission No.: A 2023-143
Applicants: Farouzandeh & Esfandiar Sarvestany
Property Location: 195 Franklin Street North
Legal Description: Lot 20, Plan 887

Appearances:
In Support:

F. & E. Sarvestany

Contra:    

None.

Written Submissions:

F. & E. Sarvestany

S. Hannah resumed chair at this time.

The Committee was advised the applicant requested minor variances to allow a personal services home occupation (hair salon), with a gross floor area of 21sq.m., in a duplex, whereas this type of home occupation is only permitted in a single detached dwelling; and, to permit the required parking space for duplex use to be located 0m from the street line rather than the minimum 6m, to facilitate the use of the attached garage for a personal services home occupation.

The Committee considered Development Services Department report DSD-2023-528, dated November 28, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 23, 2023, advising they have no concerns with the subject application.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

F. & E. Sarvestany were in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by M. Gambetti

• That the application of ESFANDIAR SABET SARVESTANY and FAROUZANDEH SABET SARVESTANY requesting a minor variance to allow a personal services home occupation (hair salon), with a gross floor area of 21sq.m., in a duplex, whereas this type of home occupation is only permitted in a single detached dwelling; and, to permit the required parking space for duplex use to be located 0m from the street line rather than the minimum 6m, to facilitate the use of the attached garage for a personal services home occupation, generally in accordance with drawings in staff report DSD-2023-528, on Lot 20, Plan 887, 195 Franklin Street North, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.8

B 2023-043 - 18 Stanley Avenue, DSD-2023-539

Submission No.: B 2023-043
Applicants: Jon Crummer
Property Location: 18 Stanley Avenue
Legal Description: Part Lot 3, Plan 675; Being Part 1 on Reference Plan 58R-4130

Appearances:
In Support:

J. Crummer

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land having a lot width of 9.9m, a lot depth of 35.4m and a lot area of 366sq.m. The lands to be retained will have a lot width of 9.9m, a lot depth of 35.4m and a lot area of 366sq.m. The existing dwelling is proposed to be demolished and a new detached dwelling will be constructed on each new lot.

The Committee considered Development Services Department report DSD-2023-539, dated November 28, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 27, 2023, advising they have no concerns with the subject application, subject to the conditions as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 24, 2023, advising they have no concerns with the subject application.

J. Crummer was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by M. Gambetti 

• That the application of SCENIC DEVELOPMENTS (JON CRUMMER) requesting permission to sever a parcel of land having a lot width of 9.9m, a lot depth of 35.4m and a lot area of 366sq.m. as shown on a revised plan prepared by Grit Engineering, dated November 24, 2023, on Part Lot 3, Plan 675; Being Part 1 on Reference Plan 58R-4130, 18 Stanley Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall obtain Demolition Control Approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Director of Planning.
  5. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement.
  6. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Supervisor, Site Plans, and registered on title of the severed and retained lands, which shall include the following prior to issuance of grading, servicing or a building permit:

  a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed lands, in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans. 

  b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Supervisor, Site Plans. 

  c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.

  7. That the property owner shall make satisfactory financial arrangements the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. 

  8. That the owner shall construct any new driveways to City of Kitchener standards. All works are at the property owner’s expense and all work needs to be completed prior to occupancy of the building.

  9. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Engineering Division prior to severance approval.

  10. That the owner shall submit a Development Asset Drawing (digital AutoCAD) for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval.

  11. That the property owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the property owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way.

  12. That the property owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering

  13. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.

  14.  That the property owner shall enter into a registered development agreement with the City of Kitchener for severed and retained lands addressing the following requirements:

  a) That the property owner/developer agrees to construct the dwelling(s) with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future at the occupant’s discretion. 

  b) That the following noise warning class shall be include in all offers of purchase, deeds and rental agreements:

  “The purchasers/tenants are advised that sound levels due to increasing road traffic in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant I low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP).”

  It is the opinion of this Committee that:

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

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

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

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

  Carried

7.

ADJOURNMENT

On motion this meeting adjourned at approximately 11:23 a.m.

 

Mariah Blake
Secretary-Treasurer