Committee of Adjustment

Committee Minutes

Tuesday, October 18, 2022 at 10:00 A.m. - 12:00 P.m.

Electronic Meeting

Present:

• D. Cybalski, Chair
• S. Hannah, Member
• B. McColl, Member
• J. Meader, Member

Staff:

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

---

1.

COMMENCEMENT

2.

SECRETARY-TREASURER APPOINTMENTS

Moved by B. McColl

Seconded by J. Meader

• "That M. Mills be appointed as Secretary-Treasurer for the Committee of Adjustment; and, that D. Saunderson be appointed as Acting Secretary-Treasurer for the Committee of Adjustment."

  Carried

3.

MINUTES

• That the regular minutes of the Committee of Adjustment meeting held September 20, 2022, as circulated to the members, be accepted.

4.

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

4.1

A 2022-116 - 67 Eton Drive, DSD-2022-446

Submission No.: A 2022-116
Applicants: Andrew Harasym
Property Location: 67 Eton Drive
Legal Description: Part Lot 25, Plan 828, Part Lot 183, Plan 841

Appearances:
In Support:

A. Harasym

Contra:

None.                         

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to construct a single detached dwelling with a covered rear deck having a rear yard setback of 6.9m rather than the required 7.5m.

The Committee considered Development Services Department report DSD-2022-446, dated October 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval.

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

It was suggested and agreed the staff recommendation be amended to reflect the variance applies to a single-storey addition.

Moved by J. Meader

Seconded by B. McColl

• That the application of ANDREW GEORGE MICHAEL HARASYM and ASHLEY EVNA HARASYM requesting a minor variance to construct a single detached dwelling with a covered single-storey rear deck having a rear yard setback of 6.9m rather than the required 7.5m, generally in accordance with drawings prepared by Progressive Engineering Services Ltd. dated June 27, 2022, on Part Lot 25, Plan 828, Part Lot 183, Plan 841, 67 Eton 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

4.2

A 2022-117 - 359 Guelph Street, DSD-2022-451

Submission No.: A 2022-117
Applicants: Stephanie, Braeden and Jay Kressler
Property Location: 359 Guelph Street
Legal Description: Part Lot 97 Moses Bomaris Survey, Registered Plan 146

Appearances:
In Support:

S. Kressler

Contra: 

None.          

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to convert a single detached dwelling into a duplex, requiring minor variances from Zoning By-Law 85-1 to  permit the required parking space to be located 0m from the street (property) line rather than the minimum required 6m; a driveway to have a maximum width of 9.1m rather than the maximum permitted 8m or 50% of the lot width; and, minor variance from Zoning By-Law 2019-051 to permit the required parking space to be located 0m from the street (property) line rather than the minimum required 6m; a driveway having a maximum width of 9.1m rather than the maximum permitted 6.2m or 40% of the lot width and the maximum permitted 8m.

The Committee considered Development Services Department report DSD-2022-451, dated October 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval

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

S. Hannah inquired whether an additional variance would be required as the existing porch of the subject property projects into the Driveway Visibility Triangle (DVT). In response, D. Seller noted the site requires two off-street parking spaces and as the third parking space is surplus, it minimizes the impact to the DVT encroachment so no variance would be required.

Moved by S. Hannah

Seconded by B. McColl

• That the application of BRAEDEN KRESSLER and JAY RICHARD KRESSLER and STEPHANIE JOANNE KRESSLER requesting minor variances to Zoning By-law 85-1 to convert a single detached dwelling into a single detached dwelling with an Additional Dwelling Unit (ADU) having the required parking space to be located 0m from the street (property) line rather than the minimum required 6m; a driveway to have a maximum width of 9.1m rather than the maximum permitted 8m or 50% of the lot width; and, minor variances from Zoning By-Law 2019-051 to permit the required parking space to be located 0m from the street (property) line rather than the minimum required 6m; a driveway having a maximum width of 9.1m rather than the maximum permitted 6.2m or 40% of the lot width and the maximum permitted 8m; and to permit a driveway width of 9.1m rather than the permitted maximum 8m; generally in accordance with the plan submitted with Minor Variance Application A 2022-117 on Part Lot 97 Moses Bomaris Survey, Registered Plan 146, 359 Guelph Street, Kitchener, Ontario, BE APPROVED.

  The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision.

  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

4.3

A 2022-118 - 11 Oneida Place, DSD-2022-454

Submission No.: A 2022-118
Applicants: Krista and David Kiers
Property Location: 11 Oneida Place
Legal Description: Lot 72, Registered Plan 1447

Appearances:
In Support:

P. Beuglet

Contra:  

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to legalize a covered rear deck in the rear yard of an existing single detached dwelling having a rear yard setback of 7.0m rather than required 7.5m.

The Committee considered Development Services Department report DSD-2022-454, dated October 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval

P. Beuglet was in attendance in support of the staff recommendation. In response to questions from the Committee, P. Beuglet noted the proposed covered deck is one-storey in height.

It was suggested and agreed the staff recommendation be amended to reflect approval for a one-storey covered rear deck.

Moved by B. McColl 

Seconded by J. Meader 

• That the application of DAVID WILLIAM KIERS and KRISTA MARIE BELLWOOD KIERS requesting a minor variance to permit a one-storey covered rear deck in the rear yard of an existing single detached dwelling having a rear yard setback of 7.0m rather than required 7.5m, in accordance with the drawings prepared by PRB Residential Design dated February 14, 2020, on Lot 72, Registered Plan 1447, 11 Oneida Place, 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.

4.4

A 2022-119 - 16 Upper Canada Drive, DSD-2022-465

Submission No.: A 2022-119
Applicants: Sabiha Ali
Property Location: 16 Upper Canada Drive
Legal Description: Lot 9, Registered Plan 1389

Appearances:
In Support:

S. Ali

S. Jamil

M. Usama

Contra:  

F. Gore

C. Miller                       

Written Submissions:

T. McKee

C. Miller

The Committee was advised the applicant requested minor variances to Zoning By-law 85-1 and Zoning By-law No. 2019-051 to convert an existing single detached dwelling into a duplex by converting the garage to living space having the required parking space to be located 2.7m from the street (property) line rather than the minimum required 6m.

The Committee considered Development Services Department report DSD-2022-465, dated October 8, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval.

S. Ali, S. Jamil and M. Usama were in attendance in support of the staff recommendation.

C. Miller was in attendance in opposition of the staff recommendation noting, the proposed modifications of the home are not consistent with the design and character of the neighborhood. Specifically, majority of the home's front yard will be utilized for parking whereas homes in the neighborhood utilize garages or side yard parking. C. Miller expressed further, that the proposed parking is insufficient for the occupancy of the home.

F. Gore was in attendance in opposition of the staff recommendation. F. Gore expressed concerns related to the increased occupancy of the home and its' impact on parking, indicating the limited street parking to address overflow vehicles. F. Gore was of the opinion that the proposed modifications would detract from the neighborhood's character of single-family dwellings and the vintage design of the homes. In response, M. Usama noted the Zoning by-law permits duplex dwellings. Further, a curb cut permit had been submitted to facilitate the widening of the driveway and the removal of a tree to prevent encroachment on neighboring properties.

In response to questions from the Committee, T. Malone-Wright noted the proposed driveway widening does not require a minor variance in terms of the width as any other driveway in the neighborhood could be widened to 50%.

It was suggested and agreed that a condition be imposed for the curb cut and driveway widening to be installed by May 1, 2023.

Moved by J. Meader

Seconded by S. Hannah

• That the application of SABIHA ALI requesting minor variances to Zoning By-law 85-1 and Zoning By-law No. 2019-051 to convert an existing single detached dwelling into a duplex use (Additional Dwelling Unit) (Attached) by converting the garage to living space having the required parking space  located 2.7m from the street (property) line rather than the minimum required 6m, generally in accordance with the plan prepared by Ardprobe Inc. dated August 15, 2022, on Lot 9, Registered Plan 1389, 16 Upper Canada Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner make an application for a Curb Cut and Driveway Widening Permit, in accordance with Minor Variance Application A 2022-119, to the satisfaction of the Director of Planning, or designate.
  2. That the property owner shall ensure any new driveways are constructed in accordance with the Curb Cut and Driveway Widening Permit, to City of Kitchener standards, at the property owner’s expense, prior to May 1, 2023, to the satisfaction of the Director of Planning, or designate.

  The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision.

  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

4.5

A 2022-120 - 77 Lancaster Street West, DSD-2022-459

Submission No.: A 2022-120
Applicants: 2720676 Ontario Inc.
Property Location: 77 Lancaster Street West
Legal Description: Lot 7, Registered Plan 1389

Appearances:
In Support:

A. Josic

Contra:

None.

Written Submissions:

D. Gilbert

P. Brophy

R. Brandon

The Committee was advised the applicant requested minor variances to  Zoning By-law 85-1 and Zoning By-law No. 2019-051to legalize an existing multi-residential dwelling containing 7-units to have a parking rate of 1.15 spaces per dwelling unit (8 parking spaces) rather than the minimum required 1.25 spaces per dwelling unit (9 parking spaces); 1 visitor parking space rather than the minimum required 2 visitor parking spaces; the required parking to be located between the facade and the front lot line, 1.5 m from the street line rather than the minimum required 3m; and, a minor variance from Zoning By-Law 2019-051 to permit the required parking spaces to be located in the front yard within 3m of the front lot line, to bring an existing 7 multiple dwelling unit into compliance with the Zoning By-Laws.

The Committee considered Development Services Department report DSD-2022-459, dated October 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval subject to the condition outlined in the staff report.

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

The Committee considered a condition outlined in the staff report proposed to be fulfilled to the satisfaction of the Canadian National Railway Company (CN) noting, in previous instances conditions of this nature have not been imposed through the Committee’s decisions. It was suggested and agreed that the condition requested by CN be omitted from the Committee’s decision this date.

In response to questions from the Committee, T. Malone-Wright noted, the site plan will be updated to indicate the appropriate number of units and required visitor parking through the site plan approval process,

Moved by B. McColl

Seconded by S. Hannah

• That the application of 2720676 ONTARIO INC requesting minor variances to Zoning By-Law 85-1 to legalize an existing multi-residential dwelling containing 7-units to have a parking rate of 1.15 spaces per dwelling unit (8 parking spaces) rather than the minimum required 1.25 spaces per dwelling unit (9 parking spaces); 1 visitor parking space rather than the minimum required 2 visitor parking spaces; the required parking to be located between the facade and the front lot line, 1.5 m from the street line rather than the minimum required 3m; and, minor variances from Zoning By-Law 2019-051 to permit the required parking spaces to be located in the front yard within 3m of the front lot line, to bring an existing 7 multiple dwelling unit into compliance with the Zoning By-Laws, in accordance with Site Plan 9118/VL dated June 22, 1999, to be updated with the correct number of dwelling units and visitor parking space location, on Lot 7, Registered Plan 199, 77 Lancaster Street West, Kitchener, Ontario, BE APPROVED.

  The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision.

  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

4.6

A 2022-121 - 24 Chestnut Street, DSD-2022-464

Submission No.: A 2022-121
Applicants: Luc Vangrootel and Monika Lojek
Property Location: 24 Chestnut Street
Legal Description: Lot 4, Subdivision Lot 3, German Company Tract

Appearances:
In Support:

M. Lojek

Contra:        

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to permit an interior side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the construction of an addition in the rear yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2022-464, dated October 3, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval subject to the condition outlined in the staff report.

M. Lojek was in attendance in support of the staff recommendation. In response to questions from the Committee, M. Lojek confirmed there would be no windows on the side of the addition facing the adjacent property.

It was suggested and agreed that the application be approved as per the staff recommendation outlined in DSD-2022-464 with the omittance of Condition 1.

Moved by S. Hannah

Seconded by J. Meader 

• That the application of LUC VANGROOTEL and MONIKA LOJEK requesting a minor variance to permit an interior side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the construction of an addition in the rear yard of an existing single detached dwelling, generally in accordance with the Site Plan drawing submitted with Minor Variance Application A 2022-121 on Lot 4, Subdivision Lot 3, German Company Tract, 24 Chestnut 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.

4.7

A 2022-122 - 3 Evenstone Avenue, DSD-2022-445, DSD-2022-445

Submission No.: A 2022-122
Applicants: James and Vicotira Petrie
Property Location: 3 Evenstone Avenue
Legal Description: Lot 15, Registered Plan 1123

Appearances:
In Support:

G. O'Rourke

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested minor variances to Zoning By-Law 85-1 to permit construction of an addition to convert an existing single detached dwelling into a duplex having a side yard setback abutting a street, for a building accommodating off-street parking to be 4.5m rather than the minimum required 6m; a parking space to be located in the front yard, 9m from the side yard abutting the street lot line (that shall not be located 12m from the front lot line); and, a minor variance from Zoning By-Law 2019-051 to permit an exterior side yard setback of 4.5m rather than the minimum required 6m; an attached garage to extend 3m beyond the front facade of the habitable portion of the dwelling rather than the maximum permitted 1.8m; the attached garage to be constructed without a front porch whereas the Zoning By-Law requires private garages projecting beyond the habitable portion of the front facade of a dwelling unit to have a front porch; a parking space to be located in the front yard, 7m from the exterior side lot line (that shall not be located in the exterior side yard, 7m from the front lot line), to facilitate the construction of an additional dwelling unit having an addition with an attached garage, onto an existing single detached dwelling unit.

The Committee considered Development Services Department report DSD-2022-445, dated October 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval.

G. O'Rourke was in attendance in support of the staff recommendation.

J. Meader noted the Tree Preservation Study may be an onerous process for the applicant as the addition affects about a quarter of the property and would not impact majority of the trees surrounding the property.

It was suggested and agreed, the Tree Perseveration and Enhancement Plan be required only for the location where the addition is to be constructed.

Moved by J. Meader

Seconded by B. McColl 

• That the application of JAMES PETRIE and VICTORIA PETRIE requesting minor variances to Zoning By-Law 85-1 to permit a side yard setback abutting a street, for a building accommodating off-street parking to be 4.5m rather than the minimum required 6m; and, a parking space to be located in the front yard, 9m from the side yard abutting the street lot line (that shall not be located 12m from the front lot line); and, minor variances from Zoning By-Law 2019-051 to permit an exterior side yard setback of 4.5m rather than the minimum required 6m; an attached garage to extend 3m beyond the front facade of the habitable portion of the dwelling rather than the maximum permitted 1.8m; the attached garage to be constructed without a front porch whereas the Zoning By-Law requires private garages projecting beyond the habitable portion of the front facade of a dwelling unit to have a front porch; a parking space to be located in the front yard, 7m from the exterior side lot line (that shall not be located in the exterior side yard, 7m from the front lot line), to facilitate an addition with an attached garage to the existing single detached dwelling for an Additional Dwelling Unit (ADU) (attached), in accordance with drawings prepared by Gerard O’Rourke, on Lot 15, Registered Plan 1123, 3 Evenstone Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. Prior to the issuance of a Building Permit, the property owner shall prepare a Tree Preservation and Enhancement Plan for the location of the proposed addition, in accordance with the City’s Tree Management Policy, to the satisfaction of and approval of the City’s Supervisor, Site Plans. Said 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. No changes to the said plans shall be granted except with the approval of the City’s Supervisor, Site Plans. 

  The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision.

   

  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

4.8

A 2022-123 - 109 Park Street, DSD-2022-453

Submission No.: A 2022-123
Applicants: Thelma & David Wilkinson
Property Location: 109 Park Street
Legal Description: Part Lot 12 and 13, Plan 439

Appearances:
In Support:

D. Wilkinson

Contra:    

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to permit a minimum lot width of 12.1m rather than the minimum required 15m, to legalize an existing triplex dwelling.

The Committee considered Development Services Department report DSD-2022-453, dated October 12, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval subject to the condition outlined in the staff report.

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

In response to questions from the Committee, T Malone-Wright confirmed the application is subject to site plan approval and a building permit will be required to legalize the third unit.

It was suggested and agreed the application be approved as outlined in the staff recommendation with the omittance of Condition 1.

Moved by B. McColl

Seconded by J. Meader 

• That the application of DAVID WILKINSON and THELMA VANESSA WILKINSON requesting a minor variance to permit a minimum lot width of 12.1m rather than the minimum required 15m, to legalize an existing triplex dwelling, generally in accordance with the Site Plan, dated September 8, 1977, to be updated by a future Site Plan Application, on Part Lot 12 and 13, Plan 439, 109 Park 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

4.9

A 2022-124 - 34 Dooley Drive, DSD-2022-455

Submission No.: A 2022-124
Applicants: KRSM Inc.
Property Location: 34 Dooley Drive
Legal Description: Lot 127, Plan 1170

Appearances:
In Support:

L. Navaleza

Contra:      

M. Rohrbacher

Written Submissions:

None.

The Committee was advised the applicant requested minor variances to Zoning By-Law 85-1 and Zoning By-Law 2019-051 to permit the required parking space to be located 1m from the street (property) line rather than the minimum required 6m, to facilitate the conversion of an existing single detached dwelling into a duplex dwelling.

The Committee considered Development Services Department report DSD-2022-455, dated October 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application advising, staff identified a hedge on the driveway however staff have since been informed the hedge resides on the neighboring property, thus recommend approval of the subject application as outlined in the staff report, with an omittance of the requirement to maintain the Driveway Visibility Triangle (DVT). T. Malone-Wright also advised staff found the application to meet the four tests outlined in the Planning Act.

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

M. Rohrbacher was in attendance noting, the hedge is well maintained and is not an obstruction in the Driveway Visibility Triangle.

The Committee agreed to approve the subject application as outlined in the staff report and as amended this date. 

Moved by J. Meader

Seconded by S. Hannah

• That the application of KRSM INC requesting minor variances to Zoning By-Law 85-1 and Zoning By-Law 2019-051 to permit the required parking space to be located 1m from the street (property) line rather than the minimum required 6m, to facilitate the addition of an Additional Dwelling Unit (ADU) (attached) to the existing single detached dwelling, generally in accordance with the plan prepared by Sarah Lang dated August 22, 2022, on Lot 127, Plan 1170, 34 Dooley Drive, Kitchener, Ontario, BE APPROVED.

  The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision.

  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

4.10

A 2022-125 - 120 Walker Street, DSD-2022-457

Submission No.: A 2022-125
Applicants: 2707068 Ontario Inc.
Property Location: 120 Walker Street
Legal Description: Part Lots 105 to 107, Plan 308; being Part 1 on Reference Plan 58R-1130

Appearances:
In Support:

C. Fernandes

Contra:      

None.

Written Submissions:

None.

The Committee was advised the applicant requested minor variances to Zoning By-Law 85-1 to permit two pedestrian entrances on the street facade of each of the­­­­ proposed semi-detached dwelling units whereas the Zoning By-Law permits only one pedestrian entrance on the front facade; and, a minor variance from Zoning By-Law 2019-051 to permit a rear yard setback of 3m rather than the required 7.5m for each the proposed semi-detached dwelling units, to facilitate the construction of a semi-detached duplex dwelling. 

The Committee considered Development Services Department report DSD-2022-457, dated October 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval.

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

T. Malone-Wright noted, if the application is approved, a severance application may be required in the future to create the semi-detached dwelling units.

S. Hannah inquired about the provision of private outdoor amenity space as there is no proposed rear yard. In response, C. Fernandes noted, larger side yard setbacks were proposed to address the absence of the rear yard.

Moved by B. McColl

Seconded by J. Meader                        

• That the application of 2707068 ONTARIO INC requesting minor variances to Zoning By-Law 85-1; and, a minor variance from Zoning By-Law 2019-051 to permit a rear yard setback of 3m rather than the required 7.5m for each the proposed semi-detached dwelling units, generally in accordance with plan and drawings prepared by Chris Fernandes Design Corp., dated September 2022, on Part Lots 105 to 107, Plan 308; being Part 1 on Reference Plan 58R-1130, 120 Walker Street, Kitchener, Ontario, BE APPROVED.

  The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision.

  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

4.11

A 2022-126 - 44 Rusholme Road, DSD-2022-460

Submission No.: A 2022-126
Applicants: 2829591 Ontario Inc.
Property Location: 44 Rusholme Road
Legal Description: Part Lot 13 and 14, Plan 352

Appearances:
In Support:

K. Darling

C. Fede

Contra:    

C. Pidgeon

G. Levene      

               
Written Submissions:

C. Pidgeon

G. Levene

D. Eisenberg

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to permit an interior side yard setback of 1.5m rather than the minimum required 3m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2022-460, dated October 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 29, 2022, advising they have no concerns with the subject application.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval subject to the condition outlined in the staff report.

K. Darling and C. Fede were in attendance in support of the staff recommendation.

C. Pidgeon and G. Levene were in attendance in opposition of the staff recommendation. C. Pidgeon noted the request for a minor variance is indicated as a rear yard addition however, it is rather a side yard addition requiring the minor variance. Further, detailed specifications about the width and height of the garage or architectural fenestrations as it relates to the addition were not indicated in the plans. In reference to the topography of the property, C. Pidgeon noted concerns with the grade change between the subject property and the adjacent property municipally addressed as 36 Rusholme Road, and the existing water run off conditions which has resulted in basement flooding. Although the property owner attempted to mitigate flooding by relaying water out to the street, the conditions outlined in the staff report do not address proper conveyance of surface drainage from the rear lot area in a 1.5m side yard, as such, it is being requested to maintain a 3m side yard. C. Pidgeon also indicated, in consultation with a licensed arborists the mature trees on the mutual lot line have likely adapted to their environment meaning the root zone extends well under the existing driveways. C. Pidgeon noted it is likely when the new addition is constructed about 40-50% of the root zone will have to be removed resulting in instability or loss of the trees.

K. Darling noted, a minor variance was not required when the application for the proposed construction was first initiated however the City of Kitchener introduced new setback requirements, as such, the project now requires approval of the Committee. K. Darling indicated the proposal for the two-car garage is line with the construction and configuration of two car garages in the neighbourhood and noted the intention to maintain the stonework and integrity of the home requiring encroachment on the 1.5m variance. In regard to the trees, K. Darling expressed willingness to undergo a Tree Preservation study noting the tree roots are penetrating the pipework, as such, some interruption to the roots will be necessary. Further, a legal survey indicated, none of trees reside on a mutual lot line but only on the subject property. Lastly, K Darling noted the topographic map does not indicate the presence of a basement on the neighbours property or potential drainage issues affecting neighbours. In response questions from the Committee, K. Darling noted the legal survey considered the trunk of the trees not the canopy and root system. J. Meader noted, under legislation, the trees may be considered a boundary tree if there is a shared root system of the canopy. J. Meader was of the opinion that prior to the Committee's decision, a study should be conducted by an expert to outline the impact on the trees.

In response questions from the Committee, K. Darling noted the legal survey considered the trunk of the trees not the canopy and root system. J. Meader noted, under legislation, the trees may be considered a boundary tree if there is a shared root system of the canopy. J. Meader was of the opinion that prior to the Committee's decision, a study should be conducted by an expert to outline the impact on the trees.

In response to questions from the Committee, C. Fede noted many of the concerns of the opposition were not raised until a few days prior to the Committee meeting and further, the suggestion that drainage will be better suited at 3.0m setback versus a 1.5m setback is contradictory. C. Fede also noted a drainage plan could be developed.

The Committee heard comments from its members noting further detail is required to inform the Committee's decision and to address the concerns with drainage and the removal of trees. The Committee agreed the application be deferred to January 2023.

Moved by B. McColl

Seconded by S. Hannah

• That the application of 2829591 ONTARIO INC requesting a minor variance to the Zoning By-Law to permit an interior side yard setback of 1.5m rather than the minimum required 3m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling, on Part Lots 13 and 14, Plan 352, 44 Rusholme Road, Kitchener, Ontario, BE DEFERRED until January 17, 2023, to allow an opportunity to for the applicant to provide a preliminary floor plan and additional details related to drainage and tree preservation.

   

   

4.12

B 2022-056, A 2022-127 & A 2022-128 - 192 Woolwich Street, DSD-2022-452

Submission No.: B 2022-056, A 2022-127 & A 2022-128
Applicants: Emilian Burca
Property Location: 192 Woolwich Street
Legal Description: Part Lot 124, Germany Company Tract; being Part 2 on Reference Plan 58R-19112

Appearances:
In Support:

K. Barisdale

Contra:     

None.                     

Written Submissions:

None.

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 33.47m, a depth of 115.05m and an area of 4,586 sq.m. The retained land will have a width of 25.79m, a depth of 93.35m and an area of 3,595 sq.m. The severed parcel will require a minor variance to the Zoning By-Law to permit a lot width of 33.47m rather than the required 60m; and, a minimum side yard setback of 2m rather than the required 7.5m. The severed land will require a minor variance to the Zoning By-Law to permit a minimum lot area of 3,595 sq.m. rather than the required 0.4 hectares; a minimum lot width of 25.97m rather than the required 60m; and, a side yard setback of 2m rather than the required 7.5m. Both parcels are intended for residential use.

The Committee considered Development Services Department report DSD-2022-452, dated October 12, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 26, 2022 and October 4, 2022, advising they have no concerns with the subject application subject to the conditions outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 23, 2022, advising they have no concerns with the subject application subject to the conditions outlined in the report.

T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and the relevant policy, and that staff recommended approval.

D. Cybalski inquired about the fire departments concerns in proposing a condition to install and maintain a direct-to-fire alarm monitoring system, noting the process of satisfying this condition would be onerous for the applicant. In response, T. Malone-Wright noted this condition is a standard subdivision clause for properties within a specified distance of fire services. 

K. Barisdale was in attendance in support of the staff recommendation noting the property owner is already enrolled in the direct detect program, as such satisfying the condition to install and maintain a direct-to-fire alarm monitoring system would not be an onerous request.

It was suggested and agreed that a condition be included in the Committee's decision to require the application to make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the application review fee.

Moved by B. McColl

Seconded by J. Meader

• B 2022-056

  That the application of EMILIAN IOAN BURCA requesting permission to sever a parcel of land having a width of 33.47m, a depth of 115.05m and an area of 4,586 sq.m. on Part Lot 124, German Company Tract; being Part 2 on Reference Plan 58R-1912, 192 Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Applications A 2022-127 and A 2022-128 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 satisfactory 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 to the satisfaction of the City’s Revenue Division.
  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:
        
     a) Complete a Building Code Assessment for the existing dwelling proposed to be retained on the retained parcel of land, prepared by a qualified person, to confirm that the proposed 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.

  6. That the property owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximately 3.96-metre-wide road widening along the entire severed parcel’s Woolwich Street frontage and along a portion of the retained parcel's Woolwich Street frontage, as shown on the severance sketch, to the satisfaction of the City’s Director of Transportation Services.

  Prior to conveyance, the property owner:

  a) shall prepare, at their cost, a Phase I Environmental Site Assessment and, if required by the City’s Director of Engineering Services, a Phase II Environmental Site Assessment for the portion of the lands being dedicated for a road widening, to the satisfaction of the City’s Director of Engineering Services; and

  b) shall remove, at their cost, any hazard trees, as identified on the approved Tree Preservation and Enhancement Plan, from the lands the lands being dedicated for a road widening, to the satisfaction of the City’s Director of Parks and Cemeteries.

  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.

  That the property owner is responsible to implement the approved servicing design at their cost and to the satisfaction of the City of Kitchener’s Director of Engineering Services.

  Further, that the property owner shall enter into any required servicing easement or encroachment agreement with the municipality, to the satisfaction of the City Solicitor and Director of Engineering. Terms of the easement agreement with the municipality may include considerations such as costs, maintenance responsibilities, off-site works and associated service upgrades, etc.  All costs associated with the preparation such an easement or encroachment agreement shall be the responsibility of the property owner.

  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 any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.

  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 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $11,862.00.

  13. That at the sole option of the City’s Chief Fire Prevention Officer, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered on title of the severed lands, to the satisfaction of the City Solicitor and the City’s Chief Fire Prevention Officer, which shall include the following:

  a) That the property owner agrees no building permits shall be applied for until satisfactory arrangements are made with the City’s Chief Building Official to install and maintain a direct-to-fire alarm monitoring system. Satisfactory arrangements shall  be the submission of drawings showing the hardwiring of the dwelling.

  b) No occupancy shall be permitted until the City’s Chief Building Official has confirmed that such system is operational.

  c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City’s Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory.

  14. That the property owner shall receive final approval of the Environmental Impact Study – 192 
  Woolwich Street Lot Severance, prepared by Natural Resource Solutions Inc. (September 21, 2022) and the Tree Preservation and Enhancement Plan – 192 Woolwich Street Lot Severance, prepared by Natural Resource Solutions Inc. (September 21, 2022) from the City’s 

  Director of Planning, the Grand River Conversation Authority and the Regional Municipality of Waterloo. The final Tree Preservation and Enhancement Plan shall also identify any hazard trees which are located within the road widening area to the satisfaction of the City’s Director of Parks and Cemeteries. 

  15. That the property owner shall enter into a Conservation Easement Agreement together with a Management Plan, with the City of Kitchener, to be prepared by the City Solicitor, and registered on title of the lands to be severed, to the satisfaction of the City Solicitor and the City’s Director of Planning. The Management Plan shall include, but is not limited to, the Mitigation Measures recommended in the approved Environmental Impact Study – 192 Woolwich Street Lot Severance, prepared by Natural Resource Solutions Inc. (September 21, 2022) and the Tree Preservation and Enhancement Plan – 192 Woolwich Street Lot Severance, prepared by Natural Resource Solutions Inc. (September 21, 2022), to the satisfaction of the City’s Director of Planning and City Solicitor.

  16. That at the sole option of the City’s Director of Planning, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, and registered on title of the severed lands, to the satisfaction of the City Solicitor and the City’s Director of Planning, which shall include the following:

  a) That prior to any grading, servicing, or the application for or issuance of a building permit, the property owner shall submit a plan, prepared by a qualified consultant to the satisfaction and approval of the City’s Director of Planning showing:

  i) the proposed location of all buildings (including accessory buildings and structures), desks and driveways;
  ii) the location of any existing buildings or structures to be removed or relocated;
  iii) the proposed grades and drainage;
  iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition;
  v) justification for any trees to be removed; and
  vi) outline tree protection measures for trees to be preserved; and
  vii) building elevation drawings.
  viii) If necessary, the plan shall include required mitigation and/or compensation measures.
  ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of the building permit.

  Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Director of Planning.

  b) That prior to application for or issuance of a building permit, the owner shall submit a Planting Plan for the naturalization of the wetland and dripline buffers and to revegetate slopes, to the satisfaction and approval of the City’s Director of Planning.

   That the property owner agree to implement the approved Planting Plan to the satisfaction of the City’s Director of Planning, within 6 months of occupancy, or as soon as weather conditions permit.

  17. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.

  18. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for the severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:

  Dwelling on Severed Lots:

  a) The dwelling unit must be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning.

  b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements:

  i) Type C - “The purchasers/tenants are advised that this dwelling has been designed with the provision of adding central air condition at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exteriors 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 (MECP).

  c) That the City of Kitchener’s Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and upon completion of construction, the City of Kitchener’s Building Inspector will certify that the dwelling unit has been constructed accordingly.

  19. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for the retained lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:

  Dwelling on Retained Lots:

  a) The following noise warning clause will be included in all offers of purchase and sale, deeds and lease/rental agreements:

  i) Type A - “The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may 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 and Parks (MECP). 

  20. That the property owner shall make financial arrangements to the Grand River Conservation Authority for the Consent Application Review Fee.

  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
• A 2022-127

  That the application of EMILIAN IOAN BURCA requesting permission for the retained land identified in Consent Application B 2022-056, for an existing single detached dwelling to have a minimum lot width of 25.79m rather than the required 60.0m; and a minimum side yard setback of 2.0m rather than the required 7.5m; and a minimum lot area of 3,595sq.m. rather than the required 0.4 hectares (4000 sq.m.) on Part Lot 124, German Company Tract; being Part 2 on Reference Plan 58R-1912, 192 Woolwich 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
• A 2022-128

  That the application of EMILIAN IOAN BURCA requesting permission for the severed land identified in Consent Application B 2022-056, to have a lot width of 33.47m rather than the required 60.0m; and, a minimum side yard setback of 2.0m rather than the required 7.5m; and an area of 4,586 sq.m rather than the required 0.4 hectares (4000 sq.m.) on Part Lot 124, German Company Tract; being Part 2 on Reference Plan 58R-1912, 192 Woolwich Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

5.

ADJOURNMENT

On motion, the meeting adjourned at 11:23 a.m.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment

6.

Livestream

Meeting Livestream