Committee of Adjustment

Committee Minutes

Tuesday, February 21, 2023 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• S. Hannah, Vice-Chair
• B. Santos, Member
• D. Gundrum, Member

Staff:

• T. Malone-Wright, Interim Manager, Development Review
• D. Seller, Transportation Services
• M. Mills, Committee Administrator
• A. Fox, Administrative Clerk

---

1.

COMMENCEMENT

The Committee of Adjustment meeting commenced at 10:00 a.m.

2.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

There were no conflicts declared.

3.

MINUTES

4.

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

5.

UNFINISHED BUSINESS

5.1

A 2022-069 – 92 River Road East, DSD-2022-293 (WITHDRAWN)

The application was withdrawn thus was not considered by the Committee.

6.

NEW BUSINESS

6.1

A 2023-016 - 107 Chandler Drive, DSD-2023-066

Submission No.: A 2023-016
Applicants: 107 Chandler Inc.
Property Location: 107 Chandler Drive
Legal Description: Lot 30, Plan 1270

Appearances:
In Support:

M. DeNardis

M. Baltazar

Contra:

P. Ebanks

J. Hinschberger

S. Patrick

J. Stack

Written Submissions:

P. Ebanks

S. Patrick

J. Purba

 

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to permit 18 parking spaces rather than the required 23 parking spaces; and, to permit 2 visitor parking spaces rather than the required 3 visitor parking spaces, to facilitate the conversion of a basement storage area of an existing multi-residential dwelling into 5 additional dwelling units.

The Committee considered Development Services Department report DSD-2023-066, dated February 21, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 February 6, 2023, advising they have no concerns with the subject application.

M. Baltazar and M. DeNardis were in attendance in support of the staff recommendation.

J. Stack was in attendance in opposition to the application and noted the proposed variances would limit the availability of space for snow removal and parking.

J. Hinschberger was in attendance in opposition to the application and stated concerns with the removal of laundry facilities and storage space to facilitate the proposed additional dwelling units.

S. Patrick was in attendance in opposition to the application and advised that the subject parking spaces are not always in use however residents require parking space occasionally. Further, S. Patrick stated concerns with accessibility as there are currently no ramps that provide access to the building.

P. Ebanks was in attendance in opposition to the application and noted that two units would no longer be provided parking spaces if the proposed variances are approved.

In response to the concerns raised, M. DeNardis noted the owner intends to maintain some storage space and laundry facilities in the basement however, relocation of storage space and other upgrades such as in suite laundry facilities would be provided if required. M. DeNardis also advised the applicant completed site plan approval and amenities such as outdoor recreation space have been reviewed and addressed through that process. Further, M. Baltazar advised the current laundry facilities are not used at capacity and, some units have been upgraded with in suite laundry. It was also noted that 9 out of the 15 tenants currently utilize the storage space and that there will be sufficient storage space provided at an alternative location in the building. Lastly, M. Baltazar noted that there is a surplus of parking space on the subject property as only half of the parking spaces are currently utilized by tenants.

Moved by B. Santos 

Seconded by D. Gundrum

• That the application of 107 CHANDLER INC requesting a minor variance to the Zoning By-Law to permit 0.8 parking spaces per dwelling unit rather than the minimum required 1 parking space per dwelling unit; and to permit 0.1 visitor parking spaces per dwelling unit rather than the minimum required 0.15 visitor parking spaces per dwelling unit, to facilitate the conversion of a basement storage area of an existing multi-residential dwelling into 5 additional dwelling units, in accordance with Site Plan Application SP23/002/C/ES, dated January 20, 2023, on Lot 30, Plan 1270, 107 Chandler Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.2

A 2023-017 - 854 Doon Village Road, DSD-2023-072

Submission No.: A 2023-017
Applicants: 13439551 Ontario Inc.
Property Location: 854 Doon Village Road
Legal Description: Part Lot 2, Biehns Tract; being Part 2 on Reference Plan 58R-1400

Appearances:
In Support:

R. Parent

T. Hawkins

Contra:  

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to permit a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6; and, a rear yard setback of 6.4m rather than the required 7.5m, to facilitate the construction of a 3-storey multiple unit dwelling having 24 units (stacked townhouses).

The Committee considered Development Services Department report DSD-2023-072, dated February 8, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 February 6, 2023, advising they have no concerns with the subject application.

T. Hawkins and R. Parent were in attendance in support of the staff recommendation.

In response to questions from the Committee, D. Seller noted a road permit is not required for the proposed variances, however an appropriate setback that avoids encroachment into the visibility triangle will be enforced.

Moved by B. Santos 

Seconded by D. Gundrum

• That the application of 13439551 CANADA INC requesting a minor variance to the Zoning By-Law to permit a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6; and, a rear yard setback of 6.4m rather than the required 7.5m, to facilitate the construction of a 3-storey multiple unit dwelling having 24 units (stacked townhouses), in accordance with Site Plan Application SP22/182/D/TS, dated January 13, 2023, on Part Lot 2, Biehns Tract; being Part 2 on Reference Plan 58R-1400, 854 Doon Village 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

6.3

A 2023-018 - 11 Centennial Road, DSD-2023-076

Submission No.: A 2023-018
Applicants: Teddy Micher
Property Location: 11 Centennial Road
Legal Description: Part Lot 123, German Company Tract

Appearances:
In Support:

S. Jefferson

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 2.8m rather than the minimum required 7.5m; and, to permit a northerly side yard setback of 0.6m rather than the minimum required 1.5m, to legalize four existing garages at the rear of the property.

The Committee considered Development Services Department report DSD-2023-076, dated February 10, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 February 6, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee, T. Malone-Wright noted, one of the garages does encroach over the side lot line so a building permit would be required to reduce the length of the existing garage. It was also noted, no conditions for approval of the application were proposed to allow the site plan to come into effect.

Moved by B Santos

Seconded by D Gundrum

• That the application of TTJ CONTRACTORS INC requesting a minor variance to the Zoning By-Law to permit a rear yard setback of 2.7m rather than the minimum required 7.5m; and, to permit a northerly side yard setback of 0.6m rather than the minimum required 1.5m, to legalize four existing garages at the rear of the property, as shown on Site Plan Application 16/063/C/SRM, on Part Lot 123, German Company Tract, 11 Centennial 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

6.4

A 2023-019 - 100-102 Waterloo Street, DSD-2023-073

Submission No.: A 2023-019
Applicants: Awad Chaudhry
Property Location: 100-102 Waterloo Street
Legal Description: Part Lot 44, Plan 376

Appearances:
In Support:

J. Stirling

Contra:            

None.

Written Submissions:

A. Barker

T. Bauman

S. Morris

T. Parkinson

The Committee was advised the applicant requested a minor variance to Zoning By-Law 85-1 to permit a front yard setback of 1.0m rather than the required 6.28m; and, to permit the proposed dwelling to encroach into the Driveway Visibility Triangle, to facilitate the construction of two semi-detached dwellings. The existing semi-detached dwelling is proposed to be demolished. 

The Committee considered Development Services Department report DSD-2023-073, dated February 10, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 February 6, 2023, advising they have no concerns with the subject application.

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

Moved by B. Santos

Seconded by D. Gundrum

• That the application of 2820580 ONTARIO INC requesting a minor variance to Zoning By-Law 85-1 to permit a front yard setback of 1.0m rather than the required 6.28m; and, to permit parts of the proposed dwelling to encroach into the Driveway Visibility Triangles (DVT), whereas the By-law does not permit encroachments into the DVT, to facilitate the construction of a new semi-detached dwelling, generally in accordance with drawings attached to Report DSD-2023-073, as Attachment ‘A’ and Attachment ‘B’, on Part Lot 44, Plan 376, 100-102 Waterloo Street, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That prior to the issuance of a Demolition and/or Building Permit:

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

  b) That the property owner shall implement the Tree Preservation/Enhancement Plan,  prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Supervisor, Site Plans. No chances to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

  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 2023-020 - 66 Fallowfield Drive, DSD-2023-020

Submission No.: A 2023-020
Applicants: Brad Smith
Property Location: 66 Fallowfield Drive
Legal Description: Part Lots 2 and 3, Registered Plan 58M-327; being Parts 7 and 8 on Reference Plan 58R-14945

Appearances:
In Support:

B. Smith

Contra:          

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to permit an exterior yard setback of 4.03m rather than the required 4.5m, to facilitate a window bump out addition on the exterior wall abutting Britton Place of the existing dwelling; and, to permit an exterior side yard setback of 3.5m rather than the required 4.0m, for the construction of a boxed window addition in side yard abutting Britton Place and shaded/screened-in gazebo on the existing deck. 

The Committee considered Development Services Department report DSD-2023-020, dated February 3, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 February 6, 2023, advising they have no concerns with the subject application.

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

Moved by D. Gundrum

Seconded by B. Santos

• That the application of BRADLEY NEIL SMITH requesting a minor variance to the Zoning By-Law to permit an exterior yard setback of 4.0m rather than the required 4.5m, to facilitate a window bump out addition on the exterior wall abutting Britton Place of the existing dwelling; and, to permit an exterior side yard setback of 3.0m rather than the required 4.5m, for the construction of a boxed window addition in side yard abutting Britton Place and shaded/screened-in gazebo on the existing deck, in accordance with drawings prepared by Evolve Builders Group Inc., dated January 19, 2023, on Part Lots 2 and 3, Registered Plan 58M-327; being Parts 7 and 8 on Reference Plan 58R-14945, 66 Fallowfield Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.6

A 2023-021 - 6 Cumberland Place, DSD-2023-068

Submission No.: A 2023-021
Applicants: Craig & Janette Polach
Property Location: 6 Cumberland Place
Legal Description: Lot 6, Plan 1542

Appearances:
In Support:

C. Polach

Contra:              

None.

Written Submissions:

None.

The Committee was advised the applicant requested  a minor variance to the Zoning By-Law to permit the construction of a rear yard deck with roof to be located 0.9m from the westerly side lot line rather than the required 1.2m.  

The Committee considered Development Services Department report DSD-2023-068, dated February 3, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 February 6, 2023, advising they have no concerns with the subject application.

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

Moved by D. Gundrum 

Seconded by B. Santos

• That the application of CRAIG POLACH and JANETTE POLACH requesting a minor variance to the Zoning By-Law to permit the construction of a rear yard deck with roof to be located 0.7m from the westerly side lot line rather than the required 1.2m, generally in accordance with the drawings prepared by Craig Polach, dated January 6, 2023, on Lot 6, Plan 1542, 6 Cumberland Place, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.7

A 2023-022 - 91 Shanley Street, DSD-2023-070

Submission No.: A 2023-022
Applicants: Felix Munger & Tricia Dumais
Property Location: 91 Shanley Street
Legal Description: Part Lot 413, Plan 376

Appearances:
In Support:

F. Munger

Contra:      

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-Law 85-1 to permit the construction of Additional Dwelling Unit (ADU) (Detached) having a maximum building height for a flat roof of 3.62m rather than the maximum permitted 3.0m.

The Committee considered Development Services Department report DSD-2023-070, dated February 8, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 February 6, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee regarding the proposed condition, T. Malone-Wright noted Tree Preservation/Enhancement Plans are always conducted prior to the demolition of existing buildings. 

Moved by B. Santos

Seconded by D. Gundrum

• That the application of FELIX PETER MUNGER and PATRICIA MICHELLE DUMAIS requesting a minor variance to Zoning By-Law 85-1 to permit the construction of Additional Dwelling Unit (ADU) (Detached) having a maximum building height for a flat roof of 3.6m rather than the maximum permitted 3.0m, in accordance with drawings prepared by Paul Sanders, dated December 29, 2022, on Part lot 413, Plan 376, 91 Shanley Street, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That prior to the issuance of a Demolition and/or Building Permit:

  a) That the property owner shall prepare a Tree Preservation/Enhancement Plan, in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelop/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and/or compensation measures. 

  b) Notwithstanding a) above, due to a tree located where the ADU is proposed to be located and that the tree may potentially be in shared ownership with the lot to the east (as shown o Site Plan dated December 19, 2022), an Arborist’s Report may be scoped to the “locust” (species to be confirmed) tree in question, possible impacts from the foundation/grading for the ADU, and recommended remedial measures, including root/branch pruning if/as required be completed and approved by the City prior to the issuance of a demolition and/or building permit.

  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 2023-023 - 202 Breithaupt Street, DSD-2023-067

Submission No.: A 2023-023 
Applicants: Phan & Lucy Ho
Property Location: 202 Breithaupt Street
Legal Description: Lot 170, Plan 376

Appearances:
In Support:

L. Ho

Contra:                

None.

Written Submissions: 

P. Markin

The Committee was advised the applicant requested permission for the enlargement or extension a legal non-conforming use, a multiple unit dwelling with 4 units, into a multiple dwelling with 5 units, to legalize the current use of the dwelling in the "Employment Zone" (EMP-1).

The Committee considered Development Services Department report DSD-2023-067, dated February 8, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 February 6, 2023, advising they have no concerns with the subject application.

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

S. Hannah expressed concerns with the conditions recommended by Metrolinx stating, the conditions are unnecessary for a pre-existing building.

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

Moved by B. Santos 

Seconded by D. Gundrum

• That the application of LUCY HO and PHAN THI HO requesting permission for the enlargement or extension a legal non-conforming use, a multiple unit dwelling with 4 units, into a multiple dwelling with 5 units, to legalize the current use of the dwelling in the “Neighbourhood Industrial Employment Zone (EMP-1)”, in accordance with drawings prepared by Guenther Rueb Surveying Limited, dated April 22, 1997, on Lot 170, Plan 376, 202 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner obtain and register an environmental easement for operational noise 
     and vibration emissions in favour of Metrolinx at the sole discretion and to the satisfaction of Metrolinx.
  2. That the property owner enter into an agreement with Metrolinx at the sole discretion and to the satisfaction of Metrolinx, to include the following warning clause in all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor:

  i. Warning: This is to advise 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 from 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 the request for permission for the enlargement or extension a legal non-conforming use, a multiple unit dwelling with 4 units, into a multiple dwelling with 5 units, to legalize the current use of the dwelling in the " Neighbourhood Industrial Employment Zone (EMP-1)” under Section 45(2)(a) of the Planning Act is appropriate for the following reasons:

  1. That the approval of this application is in the public interest.
  2. That the construction of a two-storey addition will not create any adverse impacts.

  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

B 2023-005 - Fairway Road North-Woolner Trail (Part of Lot 14, Plan 591, being Parts 4 and 7 on Reference Plan 58R-21318), DSD-2023-077

Submission No.: B 2023-005
Applicants: Grand River Conservation Authority
Property Location: Fairway Road North & Woolner Trail
Legal Description: Part Lot 14, Plan 591; being Parts 4 and 7 on Reference Plan 58R-21318

Appearances:
In Support:

J. Hersh

Contra:  

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to grant an easement for storm water management having an approximate width of 22m, depth of 143 and area of 3,146 sq.m. over all of Parts 4 and 7 on Reference Plan 58R-21318 submitted with the application in favour of the Waterloo Catholic District School Board.

The Committee considered Development Services Department report DSD-2023-077, dated February 8, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 6, 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 January 31, 2023, advising they have no concerns with the subject application, subject to conditions as outlined in the report.

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

Moved by D. Gundrum

Seconded by B. Santos                  

• That the application of GRAND RIVER CONSERVATION AUTHORITY requesting permission to grant an easement over Parts 4 and 7 on Reference Plan 58R-21318 submitted with the application in favour of the Waterloo Catholic District School Board for storm water management having an approximate width of 22m, a depth of 143m and area of 3,146sq.m. over all of, on  Part Lot 14, Plan 591; being Parts 4 and 7 on Reference Plan 58R-21318, (Vacant Land Fairway Road North & Woolner Trail), 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 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 express written consent of the City.

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

  6. That the owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent Application Review Fee of $350.00.

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

  It is the opinion of this Committee that:

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

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

  Carried

6.10

B 2023-006 - 21 Nelson Avenue, DSD-2023-074

Submission No.: B 2023-006
Applicants: Donna Sutter & Chris Hammond
Property Location: 21 Nelson Avenue
Legal Description: Part Lot 6, Plan 675

Appearances:
In Support:

S. Head

Contra:      

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to sever a parcel of land having a width on Nelson Avenue of 15.0m, a depth of 38.1m and an area of 570 sq.m., to facilitate the construction of a new single detached dwelling. The retained lands will have a width of 23.7m, a depth of 38.1m and an area of 874.0 sq.m.; and, will contain an existing single detached dwelling, municipally addressed as 21 Nelson Avenue.

The Committee considered Development Services Department report DSD-2023-074, dated February 7, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 6, 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 February 6, 2023, advising they have no concerns with the subject application.

S. Head was in attendance in support of the staff recommendation. S. Head requested that the condition subject to site plan control be removed as the proposed severance only applies to a single family lot. In addition, S. Head noted, condition 11 which requires the Owner to enter into an agreement with the City of Kitchener presents unnecessarily financial costs and time delays.

In response to questions about condition 11, T. Malone-Wright noted Council approved a Tree Management policy that requires a tree preservation enhancement plan for developments that may have an impact trees on shared or abutting lands. It was noted this policy does not require site plan control.

The Committee was of the opinion that a Tree Preservation Plan is an onerous process for the applicant as there are no trees on the subject property. It was discussed and agreed to remove condition 11 as outlined in the Staff recommendation from the Committee's decision this date.

Moved by D. Gundrum 

Seconded by B. Santos 

• That the application of CHRISTOPHER DOUGLAS HAMMOND and DONNA LEANNE SUTTER requesting consent to sever a parcel of land having a width on Nelson Avenue of 15.0m, a depth of 38.1m and an area of 570 sq.m., to facilitate the construction of a new single detached dwelling. The retained lands will have a width of 23.7m, a depth of 38.1m and an area of 874.0 sq.m.; and, will contain an existing single detached dwelling, municipally addressed as 21 Nelson Avenue, on Part Lot 6, Plan 675, 21 Nelson 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(ies) 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 property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services Division.
  5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with the corresponding layer names and asset information to the satisfaction of the City’s Engineering Services.
  6. That the property owner makes financial arrangements to the satisfaction of the City’s Engineering Division for the installation of any new service connections to the severed and/or retained lands.
  7. That the owner shall ensure that any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Services Division.
  8. That the property owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have 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 Director of Engineering Services.
  9. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $11,862.00 of the value of the lands to be severed.
  10. That the property owner shall retain a qualified designer to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as:

  a) Spatial separation of existing buildings’ wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results.

  b) A building permit shall be obtained for any remedial work/upgrades that may be required by the building code assessment.

  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.

7.

ADJOURNMENT

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

Marilyn Mills

Secretary-Treasurer 

Committee of Adjustment