Committee of Adjustment

Committee Minutes

Tuesday, August 15, 2023 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
• D. Gundrum
• S. Hannah
• B. Santos
• B. McColl

Staff:

• T. Malone-Wright, Supervisor, Development Applications
• D. Seller, Transportation Services
• M. Mills, Committee Administrator
• M. Blake, Committee Administrator
• A. Fox, Administrative Clerk

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1.

COMMENCEMENT

The meeting commenced at 10:00 a.m.

2.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held July 18, 2023, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

None. 

4.

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

5.

UNFINISHED BUSINESS

5.1

A 2023-084 - 151 Frederick Street, DSD-2023-292

Submission No.: A 2023-084
Applicant: Lowland Frederick Street GP Ltd.
Property Location: 151 Frederick Street
Legal Description: Part Lots 1 & 2, Plan 32 and Part Lot 4, Plan 364

Appearances:
In Support:

M. Mamun

Contra:    

None  

                    
Written Submissions:

None

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a restaurant patio be located in the side yard abutting Irvine Street, having a 22.0m setback from a 'Residentially Zoned' property rather than the minimum required 30.0m.

The Committee considered Development Services Department report DSD-2023-292, dated June 22, 2023, recommending approval.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023 advising they have no concerns with the subject application, subject to conditions as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 29, 2023 advising they have no concerns with the subject application.

T. Malone-Wright noted the application was previously deferred to allow the applicant an opportunity to represent the application.

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

Moved by S. Hannah

Seconded by B. McColl 

• That the application of LOWLAND FREDERICK STREET GP LTD requesting a minor variance to Zoning By-law 85-1 to permit a restaurant patio to be located in the side yard abutting Irvine Street having a 22.0m setback from a 'Residentially Zoned' property rather than the minimum required 30.0m, generally in accordance with drawings prepared by Dfy Studio, dated May 12, 2023, on Part Lots 1 & 2, Plan 32 and Part Lot 4, Plan 364, 151 Frederick 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

6.

NEW BUSINESS

6.1

A 2023-088 - 52 Earl Street, DSD-2023-341

Submission No.: A 2023-088
Applicants: Andrew Brian Tanguay & Edith Anne Brydon
Property Location: 52 Earl Street
Legal Description: Part Lot 74 & 75, Plan 248

Appearances:
In Support:

L. Brubacher

A. Tanguay

E. Brydon

Contra:

None 

                        
Written Submissions:

None

 

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a rear yard setback of 5.5m rather than the required 7.5m to facilitate the construction of an addition in the rear of the existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-341, dated July 28, 2023, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by S. Hannah

• That the application of ANDREW BRIAN TANGUAY and EDITH ANNE BRYDON requesting a minor variance to the Zoning By-law to permit a rear yard setback of 5.5m rather than the required 7.5m to facilitate the construction of an addition in the rear of the existing single detached dwelling, generally in accordance with drawings prepared by Imagine Inc., dated June 15, 2023, on Part Lot 74 & 75, Plan 248, 52 Earl 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

6.2

A 2023-089 - 204 Fifth Avenue, DSD-2023-325

Submission No.: A 2023-089
Applicants: MacDonald Nyazvigo & Ester Tarusarira Nyazvigo
Property Location: 204 Fifth Avenue
Legal Description: Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353

Appearances:
In Support:

R. Tashdijan

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a lot width of 0.6m rather than the required 13.1m to facilitate the conversion of the existing duplex dwelling into a single detached dwelling with two (2) attached Additional Dwelling Units (ADUs).

The Committee considered Development Services Department report DSD-2023-325, dated July 20, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

R. Tashdijan was in attendance in support of the staff recommendation. In response to questions from the Committee, the agent confirmed the applicant was not involved in the original severance application.

In response to questions, T. Malone-Wright indicated staff are recommending the existing driveway be modified to provide a driveway and distinguishable walkway in compliance with the Zoning By-law.

B. Santos and S. Hannah noted concerns with the parking arrangement on the subject property due to the tandem parking for the 3 required parking spaces.

D. Gundrum brought forward a motion, which was seconded by B. Santos to approve the staff recommendation as outlined in report DSD-2023-325.

D. Gundrum’s motion was then voted on and was LOST, with the D. Gundrum and D. Pateman voting in favour; and, S. Hannah, B. Santos and B. McColl voting in opposition.

It was noted due to the motion being voted on and LOST, the application was refused.

Moved by D. Gundrum 

Seconded by B. Santos

• That the application of ESTER TARUSARIRA NYAZVIGO and MACDONALD NYAZVIGO requesting a minor variance to the Zoning By-law to permit a lot width of 10.6m rather than the required 13.1m to facilitate an Additional Dwelling Unit (ADU) (Attached) to the existing single detached dwelling with an Additional Dwelling Unit (ADU) (Attached) (a Duplex) to have a building with 3 dwelling units in total (a Triplex), generally in accordance with drawings prepared by RT Architects, dated September 2022, on Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353, 204 Fifth Avenue, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

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

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

  Carried

6.3

A 2023-090 - 2-56 Benninger Drive, DSD-2023-348

Submission No.: A 2023-090
Applicant: Activa Holdings Inc. (Alex Sumner)
Property Location: 2-56 Benninger Drive
Legal Description: Block 30, Registered Plan 58M-642

Appearances:
In Support:

P. Chauvin

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a maximum parking requirement, including Visitor Parking, of 1.6 parking spaces per dwelling unit (45 parking spaces) rather than the maximum permitted 1.4 parking spaces per dwelling unit (40 parking spaces); and, to permit a rear yard setback of 1.2m rather than the required 7m, to facilitate the construction of a multi-residential development having 28 dwelling units in accordance with Site Plan Application SP22/138/B/CD.

The Committee considered Development Services Department report DSD-2023-348, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, 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 D. Gundrum

• That the application of ACTIVA HOLDINGS INC (ALEX SUMNER) requesting a minor variance to the Zoning By-law to permit a maximum parking requirement, including Visitor Parking, of 1.6 parking spaces per dwelling unit (45 parking spaces) rather than the maximum permitted 1.4 parking spaces per dwelling unit (40 parking spaces); and, to permit a rear yard setback of 1.2m rather than the required 7m, to facilitate the construction of a multi-residential development having 28 dwelling units in accordance with Site Plan Application SP22/138/B/CD, on Block 30, Registered Plan 58M-642, 2-56 Benninger Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

  1. The variances 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 2023-091 - 181 Weber Street East, DSD-2023-345

Submission No.: A 2023-091
Applicants: Emma May Gold-Utting & Micah Isaac Gold-Utting
Property Location: 181 Weber Street East
Legal Description: Part Lot 15 & 16, Plan 124

Appearances:
In Support:

I. Kent

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a front yard setback of 2.6m rather than the required 3.8m; and, a rear yard setback of 6.8m rather than the required 7.5m, to facilitate a new front porch and second storey addition on the front of the existing single detached dwelling and a new one storey addition onto the rear of the dwelling.

The Committee considered Development Services Department report DSD-2023-345, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

I. Kent was in attendance in support of the staff recommendation.

Moved by D. Gundrum

Seconded by S. Hannah

• That the application of EMMA MAY GOLD-UTTING and MICAH ISAAC GOLD-UTTING requesting a minor variance to Zoning By-law to permit a front yard setback of 2.6m rather than the required 3.8m; and, a rear yard setback of 6.8m rather than the required 7.5m, to facilitate a new front porch and second storey addition on the front of the existing single detached dwelling and a new one storey addition onto the rear of the dwelling, generally in accordance with drawings prepared by Eagleview Construction, dated June 26, 2023, on Part Lot 15 & 16, Plan 124, 181 Weber 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

6.5

A 2023-092 - 68 Rushbrook Drive, DSD-2023-338

Submission No.: A 2023-092
Applicants: Daljit Singh Mangat & Jasbir Kaur Mangat
Property Location: 68 Rushbrook Drive
Legal Description: Lot 55, Plan 1648

Appearances:
In Support:

K. Mangat

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested permission to the Zoning By-law to permit two (2) parking spaces to be located within 6m from the property line rather than the maximum permitted one (1) parking space, to allow for 2 of the required 3 off-street parking spaces to be located side by side in a driveway, to facilitate the conversation of a single detached dwelling into a triplex.

The Committee considered Development Services Department report DSD-2023-338, dated July 31, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

K. Mangat was in attendance in support of the application and the staff recommendation.

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of DALJIT SINGH MANGAT and JASBIR KAUR MANGAT requesting a minor variance to Zoning By-law to permit two (2) parking spaces to be located side-by-side in the driveway within 6m from the property line rather than the maximum permitted one (1) parking space, to facilitate the conversation of a single detached dwelling into a triplex, generally in accordance with drawings pareped by Pawandeep Grewal, dated March 9, 2023, on Lot 55, Plan 1648, 68 Rushbrook 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

6.6

A 2023-093 - 460 Highland Road West, DSD-2023-350

Submission No.: A 2023-093
Applicant: McCrory Associates Limited
Property Location: 460 Highland Road West
Legal Description: Part Lot 1, 6 & 18, Lot 17, Plan 1004; being Parts 1 & 2 on Reference Plan 58R-7047

Appearances:
In Support:

S. Patterson

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested permission to the Zoning By-law to permit a westerly side yard setback of 0.9m rather than the required 3m to facilitate the construction of an addition in the front yard of an existing commercial building (carwash) in accordance with Site Plan Application SP22/133/H/TZ

The Committee considered Development Services Department report DSD-2023-350, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

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

Moved by D. Gundrum

Seconded by S. Hannah

• That the application of MCCRORY ASSOCIATES LIMITED requesting a minor variance to the Zoning By-law to permit a westerly side yard setback of 0.9m rather than the required 3m, to facilitate the construction of an addition in the front yard of an existing commercial building (carwash) in accordance with Site Plan Application SP22/133/H/TZ, on Part Lot 1, 6 & 18, Lot 17, Plan 1004; being Parts 1 & 2 on Reference Plan 58R-7047, 460 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

6.7

A 2023-094 - 39 Third Avenue, DSD-2023-327

Submission No.: A 2023-094
Applicant: Milomir Vasiljevic
Property Location: 39 Third Avenue
Legal Description: Lot 50, Plan 254

Appearances:
In Support:

B. Jakonovic

Contra:

None

                         
Written Submissions:

None

The Committee was advised the applicant requested permission to the Zoning By-law to permit a northerly side yard setback of 1.6m rather than the required 3m; to permit an increase in the maximum Floor Space Ratio (FSR) from 0.6 to an FSR of 0.63; and, to allow for a parking lot to be located 0.5m to the rear lot line rather than 1.5m setback to facilitate the conversion of a single detached dwelling with two Additional Dwelling units, into a multi-residential dwelling with 4 dwelling units.

The Committee considered Development Services Department report DSD-2023-327, dated July 20, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

B. Jakonovic was in attendance in support of the application and the staff recommendation.

Moved by B. Santos

Seconded by S. Hannah 

• That the application of MILOMIR VASILJEVIC requesting a minor variance to the Zoning By-law to permit a northerly side yard setback of 1.6m rather than the required 3m; to permit an increase in the maximum Floor Space Ratio (FSR) from 0.6 to an FSR of 0.63; and, to allow for a parking lot to be located 0.5m to the rear lot line rather than 1.5m setback to facilitate the conversion of a single detached dwelling with two Additional Dwelling units, into a multi-residential dwelling with 4 dwelling units, in accordance with drawings prepared by BOBICON LTD. Custom Home Design and Construction Management Services, dated June 29, 2023, on Lot 50, Plan 254, 39 Third 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

6.8

A 2023-095 - 64 Garden Avenue, DSD-2023-339

Submission No.: A 2023-095
Applicant: Derek Peter
Property Location: 64 Garden Avenue
Legal Description: Part Lot 7, Lot 8, Plan 335

Appearances:
In Support:

D. Peter

Contra:

None

                         
Written Submissions:

None

The Committee was advised the applicant requested permission to the Zoning By-law to permit a rear yard setback of 4.9m rather than the required 7.5m to facilitate the removal and reconstruction of an existing addition to the rear of the existing single detached dwelling

The Committee considered Development Services Department report DSD-2023-339, dated July 31, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

D. Peter was in attendance in support of the application and the staff recommendation.

Moved by D. Gundrum

Seconded by B. Santos

• That the application of DEREK PETER requesting a minor variance to he Zoning By-law to permit a rear yard setback of 4.9m rather than the required 7.5m to facilitate the removal and reconstruction of an existing addition to the rear of the existing single detached dwelling, in accordance with the drawings submitted with Minor Variance Application A 2023-095, on Part Lot 7, Lot 8, Plan 335, 64 Garden 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

6.9

A 2023-096 - 1020 Ottawa Street North, DSD-2023-344

Submission No.: A 2023-096
Applicants: Ottawa-River Developments Inc. & Newvest Realty Corporation
Property Location: 1020 Ottawa Street North
Legal Description: Part Lot 1, Plan 967, Part Lots 30 & 31, Plan 1307; being Part 1 on Reference Plan 58R-7649

Appearances:
In Support:

O. Kemel

Contra:

D. Djuric

R. Djuric

N. Djuric

                   
Written Submissions:

D. Djuric	M. Bawa
J. & D. Prescott	R. & T. Zekanovic
M. Nikolic	V. Caradic
D. Zaric	V. Zaric
D. Zaric	S. Van Vo
S. Bender	N. Mpubane
R. Karaduz	I. Karaduz
G. Sredojevic	M. Stguandvic
D. Sfeianovic	R. Djuric
R. Schade	L. Schade
R. Schade	T. Schade
P. Vlad	T. Gebregizibher
G. Testani	B. Cameron
R. McDonald	V. Zekanovic

 

The Committee was advised the applicant requested permission to the Zoning By-law to permit a drive-through facility to be located 5.75m from a Residential Zone rather than the required setback of 7.5m to facilitate the reconfiguration and redevelopment of a portion of the commercial site in accordance with Site Plan Application SP23/039/O/TS.

The Committee considered Development Services Department report DSD-2023-344, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application. The Committee also noted receipt of the written petition.

O. Kemel was in attendance in support of the application and staff’s recommendation.

N. Djuric, was in attendance in opposition to the application and staff recommendation, expressing concerns regarding noise impacts on the abutting residential neighborhood as a result of the proposed additional drive through.

In response to questions from the Committee, staff advised although the reconfigured drive through will reduce to setback to the residential zone to 5.7m, rather than the required 7.5, the property owner has proposed replacing the existing wood fence to an acoustical wall, to ensure adequate noise mitigations.

Moved by S. Hannah

Seconded by B. Santos

• That the application of NEWVEST REALTY CORPORATION and OTTAWA-RIVER DEVELOPMENTS INC requesting a minor variance to the Zoning By-law to permit a drive-through facility to be located 5.7m from a Residential Zone rather than the required setback of 7.5m to facilitate the reconfiguration and redevelopment of a portion of the commercial site in accordance with Site Plan Application SP23/039/O/TS, on  Part Lot 1, Plan 967, Part Lots 30 & 32, Plan 1307; being Part 1 on Reference Plan 58R-7649, 1020 Ottawa Street 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

6.10

A 2023-097 - 68 Betzner Avenue North, DSD-2023-343

Submission No.: A 2023-097
Applicants: Kaleigh Russell & Ryan Walter
Property Location: 68 Betzner Avenue North
Legal Description: Part Lots 12-13, Plan 129

Appearances:
In Support:

A. Arifi

Contra:

None

                         
Written Submissions:

None

The Committee was advised the applicant requested permission to the Zoning By-law to permit a lot area of 310.8 sq.m. rather than the required 395 sq.m.; having a lot width of 11.6m rather than the required 13.1m; to permit a second driveway, whereas the By-law does not permit a second driveway; and, for the driveway located adjacent to the southerly lot line to have parking space length of 4.3m rather than the required 5.5 m, to facilitate the conversion of the existing duplex into a triplex.

The Committee considered Development Services Department report DSD-2023-343, dated July 31, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

A. Arifi was in attendance in support of the application and noted opposition to staff's recommendation to refuse the minor variance to Zoning By-law 85-1 to permit and recognize the existing second driveway, and for the second driveway to lead to a required parking space having a length of 4.3m, instead of the required minimum 5.5m.

In response to questions from the Committee, staff confirmed 3 parking spaces can be accommodated in tandem.

S. Hannah noted support for staff's recommendation to refuse the minor variance to Zoning By-law 85-1 to permit and recognize the existing second driveway, and for the second driveway to lead to a required parking space having a length of 4.3m, instead of the required minimum 5.5m, due to concerns with: adequate space to accommodate vehicles on the driveway without impacting or impeding pedestrian use of the sidewalk and tandem parking.

A motion was brought forward by B. McColl to approve the recommendation as outlined in report DSD-2023-097, and was seconded by S. Hannah, which included an approval of minor variance to Sections 5.22 b) and c) of Zoning By-law 85-1, and 5.22.2 e) and f) of Zoning By-law 85-1, as amended by By-law 2023-102, to permit a lot area of 310.8 square metres instead of the minimum required 395 square metres, and to permit a lot width of 11.6 metres instead of the minimum required 13.1 metres, to facilitate the conversion of the existing duplex into a triplex, generally in accordance with drawings prepared by Denali Home Design, dated June, 2023; and, the refusal of minor variance to Sections 6.1.1.1 b) iii) and 6.1.1.2 d) of Zoning By-law 85-1 to permit and recognize an existing second driveway, and for the second driveway to lead to a required parking space having a length of 4.3 metres instead of the minimum required 5.5 metres.

It was requested that the variances being recommended for refusal related to the second driveway be voted on separately.

The motion to approve the minor variance from Sections 5.22 b) and c) of Zoning By-law 85-1, and 5.22.2 e) and f) of Zoning By-law 85-1, as amended by By-law 2023-102, to permit a lot area of 310.8 square metres instead of the minimum required 395 square metres, and to permit a lot width of 11.6 metres instead of the minimum required 13.1 metres, to facilitate the conversion of the existing duplex into a triplex, generally in accordance with drawings prepared by Denali Home Design, dated June, 2023, was voted on and was Carried.

The motion to refuse the minor variances from Sections 6.1.1.1 b) iii) and 6.1.1.2 d) of Zoning By-law 85-1 to permit and recognize an existing second driveway, and for the second driveway to lead to a required parking space having a length of 4.3 metres instead of the minimum required 5.5 metres, was then voted on and was LOST, with  S. Hannah voting in favour; and, B. Santos, D. Pateman, D. Gundrum and B. McColl voting in opposition.

It was noted due to the refusal motion related to the variances for the second driveway were voted on and LOST, thus the variances were approved. 

Moved Bob McColl

Seconded S. Hannah

• That the application of KALEIGH RUSSELL and RYAN WALTER requesting a minor variance to the Zoning By-law to permit a lot area of 310.8 sq.m. rather than the required 395 sq.m.; having a lot width of 11.6m rather than the required 13.1m; to permit a second driveway, whereas the By-law does not permit a second driveway; and, for the driveway located adjacent to the southerly lot line to have parking space length of 4.3m rather than the required 5.5 m, to facilitate the conversion of the existing duplex into a triplex, generally in accordance with drawings prepared by Denali Home Design, dated June, 2023, on Part Lots 12-13, Plan 129, 68 Betzner Avenue 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

6.11

A 2023-098 - 134-152 Shanley Street, DSD-2023-349

Submission No.: A 2023-098
Applicant: 2701098 Ontario Inc.
Property Location: 134-152 Shanley Street
Legal Description: Part Lot 446, Lot 447 to 448, Plan 376

Appearances:
In Support:

V. Labreche

Contra:

None

                         
Written Submissions:

D. Parker

The Committee was advised the applicant requested permission to the Zoning By-law to permit a parking rate of 0.64 parking spaces per dwelling unit (110 parking spaces) rather than the 0.7 parking spaces per dwelling unit (120 parking spaces); and, to permit an exterior side yard setback abutting Shanley Street of 5m rather than the required 5.8m, to facilitate the construction of an 8-storey residential dwelling having a total of 171-units in accordance with  Site Plan Application SP21/105/S/CD

The Committee considered Development Services Department report DSD-2023-349, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

V. Labreche was in attendance in support of the application and the staff recommendation.

In response to questions from the Committee, staff verified construction of 166 dwelling units for the subject property, was conditionally approved by Site Plan Application SP21/105/S/CD, and will proceed regardless of the Committees decision.

Moved by D. Gundrum

Seconded by S. Hannah

• That the application of 2701098 ONTARIO INC requesting a minor variance to the Zoning By-law to permit a parking rate of 0.64 parking spaces per dwelling unit (110 parking spaces), rather than the required 0.7 parking spaces per dwelling unit (120 parking spaces); and, to permit an exterior side yard setback abutting Shanley Street of 5m rather than the required 5.8m, to facilitate the construction of an 8-storey residential dwelling having a total of 171-units, in accordance with  Site Plan Application SP21/105/S/CD, on Part Lot 446, Lot 447 to 448, Plan 376, 134-152 Shanley 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

6.12

A 2023-099 - 195 Victoria Street North, DSD-2023-335

Submission No.: A 2023-099
Applicant: Steven Lewis Parker
Property Location: 195 Victoria Street North
Legal Description: Part Lot 82, Plan 374; being Part 1 on Reference Plan 58R-8928

Appearances:
In Support:

S. Parker

Contra:

None

                         
Written Submissions:

None

The Committee was advised the applicant requested permission to the Zoning By-law to permit a lot area of 241.8 sq.m. rather than the required 395 sq.m.; and, a lot width of 12.9m rather than the required 13.1m to legalize an existing single detached dwelling with two Additional Dwelling Units (ADU’s)(Attached).

The Committee considered Development Services Department report DSD-2023-335, dated August 1, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, advising they have no concerns with the subject application.

S. Parker was in attendance in support of the application and staff’s recommendation, with the exception of the conditions imposed in relation to Metrolinx.

The Committee noted the conditions proposed by Metrolinx are unnecessary and onerous process for the applicant. As such, the Committee discussed and agreed to omit conditions 1 and 2 as outlined in the Development Services Department report, DSD-2023-141, of the Committee's decision this date.

Moved by B. McColl

Seconded by S. Hannah

• That the application of STEVEN LEWIS PARKER requesting a minor variance to the Zoning By-law to permit a lot area of 241.8 sq.m. rather than the required 395 sq.m.; and, a lot width of 12.9m rather than the required 13.1m, to legalize an existing single detached dwelling with two Additional Dwelling Units (ADU’s)(Attached), on Part Lot 82, Plan 374; being Part 1 on Reference Plan 58R-8928, 195 Victoria 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

6.13

A 2023-100 - 332 Prospect Avenue, DSD-2023-342, DSD-2023-342

Submission No.: A 2023-100
Applicant: Vladan Knezevic
Property Location: 332 Prospect Avenue
Legal Description: Part Lot 15, Plan 943; being Part 2 on Reference Plan 58R-19428

Appearances:
In Support:

None.

Contra:

None.

                         
Written Submissions:

None.

The Committee was advised the applicant requested permission to the Zoning By-law to permit a rear yard setback of 4.6m rather than the required 7.5m to facilitate the construction of a new single detached dwelling.

The Committee considered Development Services Department report DSD-2023-342, dated July 28, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

As no one was in attendance to support the application, the Committee deferred consideration of this matter to the September 19, 2023 Committee of Adjustment meeting.

Moved by D. Gundrum

Seconded by S. Hannah

• That the application of VLADAN KNEZEVIC requesting a minor variance to the Zoning By-law to permit a rear yard setback of 4.6m rather than the required 7.5m to facilitate the construction of a new single detached dwelling, on Part Lot 15, Plan 943, being Part 2 on Reference Plan 58R-19425, 332 Prospect Avenue, Kitchener, Ontario, BE DEFERRED until September 19, 2023, to allow the applicant an opportunity to represent the application. 

  Carried

6.14

A 2023-101 - 471 Duke Street West, DSD-2023-340

Submission No.: A 2023-101
Applicants: Ashley Zuben Laurence & Dana Elizabeth Weiner
Property Location: 471 Duke Street West
Legal Description: Part Lot B, Plan 386

Appearances:
In Support:

T. Bauman

Contra:

None

                         
Written Submissions:

None

The Committee was advised the applicant requested permission to the Zoning By-law to permit an accessory structure to have a height of the underside of the fascia of 4.3m rather than the maximum permitted 3m to facilitate the construction of a detached shed capable of storing camping equipment in the rear yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-340, dated July 31, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25. 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 July 27, 2023, advising they have no concerns with the subject application.

T. Bauman was in attendance in support of the application and staff’s recommendation.

Moved by D. Gundrum

Seconded by B. Santos

• That the application of ASHLEY ZUBEN LAURENCE and DANA ELIZABETH WEINER requesting a minor variance to the Zoning By-law to permit an accessory structure to have a height of the underside of the fascia of 4.3m rather than the maximum permitted 3m to facilitate the construction of a detached shed capable of storing camping equipment in the rear yard of an existing single detached dwelling, generally in accordance with drawings prepared by Menno S. Martin Contracting, dated June 15, 2023, on Part Lot B, Plan 386, 471 Duke Street 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

6.15

B 2023-027 - 116 Hoffman Street, DSD-2023-346

Submission No.: B 2023-027
Applicant: Pentecostal Assemblies of Canada
Property Location: 116 Hoffman Street
Legal Description: Part Lot 33, Plan 384

Appearances:
In Support:

D. Wilkinson

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land municipally addressed as 116 Hoffman Street having a width of 15.24m, a depth of 39.59m and an area of 572.3 sq.m. The retained land municipally addressed as 100 Hoffman Street will have a width 44m, a depth of 87.04m and an area of 4346.6 sq.m. The severance will allow the single detached dwelling and church properties to be dealt with separately.

The Committee considered Development Services Department report DSD-2023-346, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 31, 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 July 27, 2023, advising they have no concerns with the subject application.

D. Wilkinson was in attendance in support of the application and staff’s recommendation.

The Committee discussed the relevancy of conditions 4 and 8 within the staff recommendation, questioning the appropriateness of the noise warning clause and building code assessment; due to the existing lot line being previously established. As such, the Committee discussed and agreed to omit conditions 4 and 8 as outlined in the Development services report, DSD-2023-346, of the Committee's decision this date.

Moved by B. McColl 

Seconded by B. Santos

• That the application of PENTECOSTAL ASSEMBLIES OF CANADA requesting permission to sever a parcel of land municipally addressed as 116 Hoffman Street having a width of 15.24m, a depth of 39.59m and an area of 572.3 sq.m., on Part Lot 33, Plan 384, 110-116 Hoffman Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  5. That the existing shed/accessory structure located across the proposed property line be removed or relocated to the Severed or Retained lands to the satisfaction of the City’s Director of Planning.
  6. That the property owner shall submit a valid Notice of Source Protection Plan  Compliance (Section 59 Notice) as per the Clean Water Act, 2006.

  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

6.16

B 2023-028 - 47 & 51 Pequegnat Avenue, DSD-2023-352

Submission No.: B 2023-028
Applicant: Scott Ronald Moody
Property Location: 47 & 51 Pequegnat Avenue
Legal Description: Part Lot 3 & 4, Plan 429

Appearances:
In Support:

S. Patterson

Contra:

None

                         
Written Submissions:

None

The Committee was advised the applicant requested permission to sever two existing detached dwellings that have inadvertently merged on title so each dwelling can be dealt with separately. The severed land municipally addressed as 51 Pequegnat Avenue will have a width of 13.4m, a depth of 24.9m and an area of 301.9 sq.m. The retained land municipally addressed as 47 Pequegnat Avenue will have a width of 17.1m, a depth of 30.9m and an area of 567.2 sq.m.

The Committee considered Development Services Department report DSD-2023-352, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 31, 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 July 27, 2023, advising they have no concerns with the subject application.

S. Patterson was in attendance in support of the application and staff’s recommendation, with the exception of condition 4 as outlined in the development services department report, DSD-2023-352.

The Committee noted the requirement of the property owner to complete a Building Code Assessment to address items such as, but not limited to, spatial separation of existing buildings’ wall face and closing in of openings pending spatial separation calculation results. The Committee stated condition 4, as outlined in the staff report, is unnecessary as the spatial separation of the existing buildings does not appear to pose an issue for the subject property. As such, the Committee agreed to omit condition 4 as outlined in the report DSD-2023-352, of the Committee's decision this date.

Moved by B. McColl 

Seconded by S. Hannah

• 
  That the application of SCOTT RONALD MOODY requesting permission to sever  a parcel of land municipally addressed as 51 Pequegnat Avenue having a width of 13.4m, a depth of 24.9m and an area of 301.9 sq.m., on Part Lot 3 & 4, Plan 429, 47 & 51 Pequegnat 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, 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 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.

  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

6.17

B 2023-029 - 15 Ellen Street West, DSD-2023-355

Submission No.: B 2023-029
Applicants: Marcus Daniel Shantz & Lisa Arlette Shantz
Property Location: 15 Ellen Street West
Legal Description: Part Lot 217 & 218, Plan 374

Appearances:
In Support:

M. Shantz

Contra:

None

                          
Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 9.2m, a depth of 40.49m and an area of 360 sq.m. to be conveyed as a lot addition to 11 Ellen Street West. The retained parcel will have a width of 18.23m, a depth of 43.6m and an area of 770 sq.m. Both parcels will continue to be residential, the existing 3 car garage at the rear of 15 Ellen Street will be converted to a single car garage to facilitate the severance.

The Committee considered Development Services Department report DSD-2023-355, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 31, 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 July 27, 2023, advising they have no concerns with the subject application.

M. Shantz was in attendance in support of the application and staff’s recommendation, with the exception of conditions 11 and 12, as outlined in the report, DSD-2023-355.

In response to questions from the Committee, staff noted here are no anticipated negative impacts as a result of the proposed severance to the identified heritage attributes or value of either the subject property, the adjacent property, the Ellen Street West Streetscape, or the character of the Civic Centre Neighbourhood Heritage Conservation District Plan (CCNHCD) as a whole.

The Committee noted the conditions proposed by Metrolinx are unnecessary and onerous process for the applicant. As such, the Committee discussed and agreed to omit conditions 11 and 12 as outlined in the Development Services Department report, DSD-2023-355, of the Committee's decision this date.

Moved by S. Hannah

Seconded B. McColl

• That the application of LISA ARLETTE SHANTZ and MARCUS DANIEL SHANTZ requesting permission to     sever a parcel of land having a width of 9.2m, a depth of 40.49m and an area of 360 sq.m. to be conveyed as a lot addition to 11 Ellen Street West, on Part Lot 217 & 218, Plan 374, 15 Ellen Street West, 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, 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 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 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 any subsequent conveyance of the parcel to be severed shall comply with Section 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 Feed 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.
  6. That the property owner shall receive approval of a Heritage Permit to the satisfaction of the Director of Planning.
  7. That the existing detached garage located on 15 Ellen Street West, which shall be located on the new property line between 15 and 11 Ellen Street West, be modified, removed and/or relocated to the Retained Lands to the satisfaction of the City’s Director of Planning.
  8. That the property owner shall:

  a) Complete a Building Code Assessment for the existing dwellings proposed to be retained on both the severed and retained parcels 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 calculations results.

  b) A Building Permit shall be obtained for any remedial work/upgrades required by the Building Code Assessment. 

  9. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  10. That the property owner must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006.

  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

6.18

B 2023-030 - 83 Victoria Street North, DSD-2023-347

Submission No.: B 2023-030
Applicant: K-W Working Centre for the Unemployed
Property Location: 83 Victoria Street North
Legal Description: Part Lot 69, Plan 374; being Parts 2 & 3 on Reference Plan 58R-6753

Appearances:
In Support:

C. Pidgeon

J. Mancini

Contra:  

None

                       
Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 10.2m, a depth of 17m and an area of 173.6 sq.m., to facilitate the redevelopment of St Johns Community Kitchen into a multi-residential development containing 44 affordable (transitional) housing units with a one floor addition and new St Johns Community Kitchener and support services facility. The retained land in the rear of the subject property will have a width of 10.2m, a depth of 28m and an area of 286.4 sq.m.

The Committee considered Development Services Department report DSD-2023-347, dated August 4, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 31, 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 July 27, 2023, advising they have no concerns with the subject application.

C. Pidgeon and J. Mancini were in attendance in support of the application and staff’s recommendation.

Moved by B. McColl 

Seconded by S. Hannah 

• That the application of K-W WORKING CENTRE FOR THE UNEMPLOYED requesting permission to sever a parcel of land having a width of 10.2m, a depth of 17m and an area of 173.6 sq.m. , on Part Lot 69, Plan 374; being Parts 2 & 3 on Reference Plan 58R-6753, 83 Victoria Street North, 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 enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, and registered on title to the ‘Retained Lands’ (Part 3 as shown in the draft reference plan, prepared by MTE, dated June 6, 2023, attached to Report DSD-2023-347 the “Draft R-Plan’), and Part 4 on the Draft R-Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North), to provide the following:
     1. That the title to the Retained Lands and Part 4 on the Draft R-Plan and Lot 71 Registered Plan 374 (97 Victoria Street North) shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with the respect to the Planning Act and none of the Retained Lands, Part 4 on Draft R-Plan or Lot 71 Registered Plan 374 (97 Victoria Street North) shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and/or section 50 (5) of the statute applied to such conveyance or dealing.
  5. That the property owner’s solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels for the Retained Lands, Part 4 on the Draft R-Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North) 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.
  6. That the property owner shall:   

  a) Complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels 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.

  b) A Building Permit shall be obtained for any remedial work/upgrades required by the Building Code Assessment.

  7. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  8. That prior to final approval, the property owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property.

  9. That prior to final approval, the property owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling within 300 metres of the Railway Corridor.

  “Warning: the Applicant is advised that the subject land is located within Metrolinx’s 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres form the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units.”

  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

6.19

B 2023-031 - 87 Victoria Street North, DSD-2023-347

Submission No.: B 2023-033
Applicant: Activa Holdings Inc. (Alex Sumner)
Property Location: 87 Victoria Street North
Legal Description: Lot 70, Plan 374, Part Lot 69

Appearances:
In Support:

C. Pidgeon

J. Mancini

Contra:

None

                         
Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 27m, a depth of 20m and an area of 542.4 sq.m., to facilitate the redevelopment of St Johns Community Kitchen into a multi-residential development containing 44 affordable (transitional) housing units with a one floor addition and new St Johns Community Kitchener and support services facility. The retained land at the rear of the subject property will have a width of 30.2m, a depth of 28m and an area of 908.1 sq.m.

The Committee considered Development Services Department report DSD-2023-347, dated August 4, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 31, 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 July 27, 2023, advising they have no concerns with the subject application.

C. Pidgeon and J. Mancini was in attendance in support of the application and staff’s recommendation.

Moved by B. McColl 

Seconded by S. Hannah

• That the application of K-W WORKING CENTRE FOR THE UNEMPLOYED requesting permission to sever a parcel of land having a width of 27m, a depth of 20m and an area of 542.4 sq.m., on Lot 70, Plan 374, Part Lot 69, 87 Victoria Street North, 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 enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, and registered on title to the ‘Retained Lands’ (Part 4 as shown in the draft reference plan, prepared by MTE, dated June 6, 2023, attached to Report DSD-2023-347 the “Draft R-Plan’), and Part 3 on the Draft R-Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North), to provide the following:
     1.  That the title to the Retained Lands and Part 3 on the Draft R-Plan and Lot 71 Registered Plan 374 (97 Victoria Street North) shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with the respect to the Planning Act and none of the Retained Lands, Part 3 on Draft R-Plan or Lot 71 Registered Plan 374 (97 Victoria Street North) shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and/or section 50 (5) of the statute applied to such conveyance or dealing.
  5. That the property owner’s solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels for the Retained Lands, Part 3 on the Draft R-Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North) 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.
  6. That the property owner shall:

  a) Complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels 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.

  b) A Building Permit shall be obtained for any remedial work/upgrades required by the Building Code Assessment.

  7. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  8. That prior to final approval, the property owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property.

  9. That prior to final approval, the property owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling within 300 metres of the Railway Corridor.

  “Warning: the Applicant is advised that the subject land is located within Metrolinx’s 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres form the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units.”

  It is the opinion of this Committee that:

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

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

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

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

6.20

B 2023-034 - 685 Fischer Hallman Road, DSD-2023-351

Submission No.: B 2023-034
Applicant:  1465762 Ontario Limited
Property Location: 685 Fischer Hallman Road
Legal Description: Part Lot 47, German Company Tract

Appearances:
In Support:

B. Shinoda

Contra:  

None

                        
Written Submissions:

None

The Committee was advised the applicant requested permission for a lease in excess of 21 years for a restaurant and drive-thru as per the plan submitted with the application, the dwelling including drive-thru having an approximate area of 793 sq.m.

The Committee considered Development Services Department report DSD-2023-351, dated August 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 31, 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 July 27, 2023, advising they have no concerns with the subject application.

B. Shinoda was in attendance in support of the application and staff’s recommendation.

At the request of Staff, the Committee considered a revised staff recommendation, noting the removal of condition 5, as it is no longer required. Staff also requested the staff recommendation be revised to list the applicant in addition to the property owner, as a party with the ability to complete the conditions. The Committee discussed the revisions proposed by staff, and as such, agreed to omit condition 5 as outlined in the Development Services Department report, DSD-2023-351.

Moved by S. Hannah 

Seconded by D. Gundrum

• That the application of 1465762 ONTARIO LIMITED requesting permission for a lease in excess of 21 years for a restaurant and drive-thru as per the plan submitted with the application, the dwelling including drive-thru having an approximate area of 793 sq.m, in accordance with Site Plan Application SP01/06/F/GR, on Part Lot 47, German Company Tract, 685 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s or applicant’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 or applicant 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 or applicant 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 or applicant shall verify, in writing, whether the Lease Agreement, is affected by any required or existing easements and/or restricted covenants, to confirm the necessary arrangements for servicing, shared parking and access are in place. 
  5. That the property owner or applicant shall verify, in writing, that the subject property has been developed in accordance with the Approved Site Plan Agreement, and if necessary, the Site Plan Agreement is to be amended to include any required revisions and/or updates.
  6. That the property owner or applicant shall verify, in writing, that the Lease Agreement complies with and fulfils all pertinent provisions of the Ontario Planning Act.
  7. That the property owner or applicant shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  8. That the property owner or applicant shall submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006.

  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

6.21

B 2023-032, B 2023-033, A 2023-102 and A 2023-103 - 485 and 495 Huron Road, DSD-2023-353

Submission No.: B 2023-032, B 2023-033, A 2023-102 and A 2023-103
Applicant: Activa Holdings Inc. (Alex Sumner)
Property Location: 485 and 495 Huron Road
Legal Description: Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353

Appearances:
In Support:

P. Chauvin

Contra:

P. Garrod

                         
Written Submissions:

A. & N. Van Norman

The Committee was advised the applicant requested permission to sever a parcel of land identified as “Lands to be Severed 1” on the plan submitted with the application, having a width on Huron Road of 79.6m, a depth of 149.72m and an area of 1.49 hectares, further permission is being requested to grant an easement on “Lands to be Severed 1” having a width of 7.3m, a depth of 149.7m and an area of 0.1 hectares in favour of “Lands to be Severed 2” and the retained land for access. Permission is also being requested for minor variances for “Lands to be Severed 1” to permit the maximum number of storeys in the base of a mid-rise building or tall building of ten-storeys rather than the permitted maximum of six-storeys; to permit a minimum street line step-back for mid-rise buildings and tall buildings of 0m rather than the required 3m; to permit a minimum ground floor street line façade width as a percent of the width of the abutting street line of 20% rather than the required 50%; and, a minimum percent of street line façade openings of 0% rather than the required 50%, to facilitate the construction of a 10-storey multi-residential dwelling containing 48-units in accordance with Site Plan Application SP22/128/H/TS. Further permission is being requested to sever a parcel of land identified as “Lands to be Severed 2” on the plan submitted with the application, having a width on Huron Road of 56.2m, a depth of 149.72m and an area of 0.84 hectares. “Lands to be Severed 2” also requires a minor variance to the Zoning By-law to permit a northerly side yard setback of 1.5m rather than the required 3m. Lands to be Severed 1 is intended for residential development, whereas Lands to be Severed 2 is intended for a Commercial design centre.

The Committee considered Development Services Department report DSD-2023-353, dated August 3, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 2023 and July 31, 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 July 26, 2023, advising they have no concerns with the subject application.

P. Chauvin was in attendance in support of the application and staff’s recommendation.

P. Garrod was in attendance in opposition to the application, noting concerns with the requested variance’s impact on sight lines, natural heritage features, as well as surrounding transportation. It was noted a written petition was received by A. Van Norman and N. Van Norman using change.org.

Moved S. Hannah

Seconded D. Gundrum

• Submission No. B 2023-032

  That the application of ACTIVA HOLDINGS INC (ALEX SUMNER) requesting permission to sever a parcel of land identified as “Lands to be Severed 2” on the plan submitted with the application, having a width on Huron Road of 56.2m, a depth of 149.72m and an area of 0.84 hectares, in accordance with Site Plan Application SP22/128/H/TS, on Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353,  485 Huron Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A 2023-102 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 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 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.
  5. 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. 
  6. 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.
  7. 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.
  8. That the property owner shall ensure any new driveways are to be built to the 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.
  9. 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
  10. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  11. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006.
  12. That the property owner/applicant must enter into a registered agreement with the City of Kitchener to provide that all outdoor mechanical equipment such as rooftop chillers or air makeup units for the proposed commercial buildings, i.e., Commercial Units and Active Design Studio, will be designed to have a noise impact of less than 35dBA at any residential unit(s) on the proposed residential building municipally known as 495 Huron Road.
      1. The agreement must also include a provision to provide a certificate of compliance from a Professional Engineer qualified in acoustics, licensed in the Province of Ontario, certifying that the above mechanical equipment meets the required noise level objective.
  13. That the property owner/applicant must submit a salt management plan for review and acceptance by the Regional Commissioner of Planning, Development and Legislative Services.

  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
• Submission No. B 2023-033

  That the application of ACTIVA HOLDINGS INC (ALEX SUMNER) requesting permission to sever a parcel of land identified as “Lands to be Severed 1” on the plan submitted with the application, having a width on Huron Road of 79.6m, a depth of 149.72m and an area of 1.49 hectares, further permission is being requested to grant an easement on “Lands to be Severed 1” having a width of 7.3m, a depth of 149.7m and an area of 0.1 hectares in favour of “Lands to be Severed 2” and the retained land for access, in accordance with Site Plan Application SP22/128/H/TS, on Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353, 495 Huron Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A 2023-103 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 Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications:

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

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

  4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor.

  5. 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.

  6. 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.

  7. 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. 

  8. 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.

  
  9. 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.

  10. That the property owner shall ensure any new driveways are to be built to the 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. 

  11. 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.

  12. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  13. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006.

  14. That the property owner/applicant shall enter into a registered agreement with the City of Kitchener to provide the following:

  a) The developer agrees to implement the recommendations of the report “Proposed Activa Huron (B2 Lands) Development-Huron Road & Strasburg Road Kitchener Ontario-Noise Impact Study FINAL REPORT” dated June 22, 2022, as prepared by Stantec Consulting Limited further agrees that:

  b) Proposed Building (ALL DWELLING UNITS)

  North and East Facades

  • •  The dwelling/building will be installed forced air-ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant’s discretion.
    • The following Noise Warning Clauses be included on all offers of purchase, deeds and rental agreements for the building:

  “Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation.”

  “This dwelling unit has been designed with the provision for adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks.”

  South Façade

  • • The dwelling/building will be installed forced air-ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant’s discretion.
    • The building/units will be designed and installed with special building components with a minimum STC Rating of 29.
    • The acoustic assessment will be updated, and the STC Rating values will be reviewed once the final design and the architectural drawings are available.
    • The following Noise Warning Clauses be included on all offers of purchase, deeds and rental agreements for the building:

  “Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation.”

  “This dwelling unit has been designed with the provision for adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks.”

  North, South and East Facades

  • • The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building:

  ”Purchasers/tenants are advised that due to the proximity of the adjacent industrial and commercial facilities, noise from these facilities may at times be audible.”

  c) That a certificate of compliance from a Professional Engineer qualified in acoustics, licensed in the Province of Ontario, certifying that the noise mitigation measures in Clauses a) and b) above have been provided and meets the required noise level objectives of the MECP NPC-300 guidelines.

  15. That the property owner/applicant shall submit a Salt Management Plan for review and acceptance by the Regional Commissioner of Planning, Development and Legislative Services.

  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
• Submission No. A 2023-102

  That the application of ACTIVA HOLDINGS INC. (ALEX SUMNER) requesting a minor variance to the Zoning By-law, for Severed Lands 2 (B 2023-032) as identified in the plan submitted with the application intended for a Commercial design centre, to permit a northerly side yard setback of 1.5m rather than the required 3m, in accordance with Site Plan Application SP23/005/H.TS, on Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353, 485 Huron Road, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried
• Submission No. A 2023-103

  That the application of ACTIVA HOLDINGS INC (ALEX SUMNER) requesting a minor variance to the Zoning By-law, for Severed Lands 1 (B 2023-033), permit the maximum number of storeys in the base of a mid-rise building or tall building of ten-storeys rather than the permitted maximum of six-storeys; to permit a minimum street line step-back for mid-rise buildings and tall buildings of 0m rather than the required 3m; to permit a minimum ground floor street line façade width as a percent of the width of the abutting street line of 20% rather than the required 50%; and, a minimum percent of street line façade openings of 0% rather than the required 50%, to facilitate the construction of a 10-storey multi-residential dwelling containing 48-units, in accordance with Site Plan Application SP22/128/H/TS, on Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353, 495 Huron Road, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

7.

ADJOURNMENT

On motion, the meeting adjourned at approximately 11.52 a.m.