Committee of Adjustment

Committee Minutes

Tuesday, April 18, 2023 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• D. Pateman
• S. Hannah
• D. Gundrum
• B. Santos
• B. McColl

Staff:

• G. Stevenson, Interim Director, Planning
• E. Schneider, Senior Planner
• D. Seller, Transportation Services
• M. Mills, Committee Administrator
• A. Fox, Administrative Clerk

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1.

COMMENCEMENT

The meeting commenced at 10:01 a.m.

2.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held March 21, 2023, as circulated to the members, be accepted.

 

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

There were no conflicts declared.

4.

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

5.

UNFINISHED BUSINESS

5.1

A 2023-032 - 22 Hebel Place, DSD-2023-102

Submission No.: A 2023-032
Applicants: Andre Templeton
Property Location: 22 Hebel Place
Legal Description: Subdivision 17, Lot 182, German Company Tract; being Part 3 on Reference Plan 58R-5221

Appearances:
In Support:

A. Templeton

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a required parking space to be located 0.5m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing semi-detached dwelling into a semi-detached duplex dwelling.

The Committee considered Development Services Department report DSD-2023-102, dated March 8, 2023, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 2, 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 March 6, 2023, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of ANDRE BRUCE TEMPLETON requesting a minor variance to the Zoning By-law to permit a required parking space to be located 0.5m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing semi-detached dwelling into a semi-detached duplex dwelling, on Subdivision 17, Lot 182, 22 Hebel 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.

  Carried

6.

NEW BUSINESS

6.1

A 2023-040 – 245 Wellington Street North, DSD-2023-141

Submission No.: A 2023-040
Applicants: Zhiliang Xing
Property Location: 245 Wellington Street North
Legal Description: Part Lot 98, Plan 376

Appearances:
In Support:

J. Massecar

S. Wong

Contra:           

None.

Written Submissions:

P. Markin

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a side yard setback of 2.0m rather than the required 3.0m, to facilitate the conversion of an existing single detached dwelling into a multiple dwelling having 4 dwelling units.

The Committee considered Development Services Department report DSD-2023-141, dated March 21, 2023 recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee, E. Schneider noted the proposed development is not subject to the requirement for Site Plan approval.

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

Moved by B. Santos 

Seconded by D. Gundrum 

• That the application of ZHILIANG XING requesting a minor variance to the Zoning By-law to permit a side yard setback of 2.0m rather than the required 3.0m, to facilitate the conversion of an existing single detached dwelling into a multiple dwelling having 4 dwelling units, in accordance with drawings prepared by Simon Wong and MW Drafting and Design Inc., dated February 21, 2023, on Part Lot 98, Plan 376, 245 Wellington Street North, Kitchener, Ontario, BE APPROVED. 

  It is the opinion of this Committee that:

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

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

  Carried

6.2

A 2023-041 – 45 Bond Street , DSD-2023-147

Submission No.: A 2023-041
Applicants: Alexander Mereu
Property Location: 45 Bond Street
Legal Description: Part Lot 42, Plan 788

Appearances:
In Support:

A. Mereu

C. Mereu

Contra:      

None.

Written Submissions:

N. & K. Okum

L. Okum

B. Laurette

F. & D. Suzza

F. Williung

S. Radtke

S. Rouleu

L. Okum

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit the construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing duplex on a lot having an area of 381sq.m rather than the required 395sq.m, a lot width of 12.5m rather than the required 13.1m; having 2 parking spaces rather than the required 3 parking spaces for a duplex and ADU (Detached); having the required parking space located 0m from the street line rather than the required 6.0m; and, having a driveway width of 41.6% rather than the maximum 40%.

The Committee considered Development Services Department report DSD-2023-147, dated April 12, 2023 recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

The Committee considered several written submissions in opposition to the subject application.

A. Mereu was in attendance in support of the staff recommendation. In response to questions from the Committee regarding mitigations for the lack of a parking space for one of the proposed dwelling units, A Mereu noted, the unit would be advertised and leased as a one bedroom without parking. A Mereu further advised of the intention to provide three class A bike parking spaces on-site.

Moved by B. McColl

Seconded by D. Gundrum 

• That the application of ALEXANDER JOHN MEREU requesting a minor variance to the Zoning By-law to facilitate the construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing duplex on a lot having an area of 381sq.m rather than the required 395sq.m, a lot width of 12.5m rather than the required 13.1m; having 2 parking spaces rather than the required 3 parking spaces for a duplex and ADU (Detached); having the required parking space located 0m from the street line rather than the required 6.0m; and, having a driveway width of 41.6% rather than the maximum 40%, generally in accordance with drawings prepared by Alex Mereu dated January 2023, on Part Lot 42, Plan 788, 45 Bond Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.3

A 2023-042 – 100 Monteagle Crescent, DSD-2023-177

Submission No.: A 2023-042
Applicants: Kourtney Falle
Property Location: 100 Monteagle Crescent
Legal Description: Part Lot 26, Plan 1384

Appearances:
In Support:

R. Friesen

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a driveway of a semi-detached dwelling to be 56% of lot width (5.2m) rather than the maximum permitted 50% of the lot width (4.5m) or 5.2m, whichever is the lesser; and, to permit a driveway to be setback 0m from the northerly side lot line rather than the required of 1.0 m, to facilitate 2 parking spaces side by side. 

The Committee considered Development Services Department report DSD-2023-177, dated April 5, 2023 recommending refusal.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

R. Friesen was in attendance in opposition of the staff recommendation. In response to questions from the Committee, R. Friesen clarified that the proposed additional parking space is primarily for use by clients of the home business. In addition, R. Friesen noted, the owner will not be able to operate the home business if the subject application is not approved. 

S. Hannah brought forward a motion to refuse the application as outlined in the Staff recommendation, which was seconded by D. Gundrum. The motion was then voted on and was LOST.

Moved by S. Hannah  

Seconded by D. Gundrum

• That the application of KOURTNEY EVA FALLE requesting a minor variance to the Zoning By-law to permit a driveway of a semi-detached dwelling to be 56% of lot width (5.2m) rather than the maximum permitted 50% of the lot width (4.5m) or 5.2m, whichever is the lesser; and, to permit a driveway to be setback 0m from the northerly side lot line rather than the required of 1.0 m, to facilitate 2 parking spaces side by side, on  Part Lot 26, Plan 1384, 100 Monteagle Crescent, 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 2023-043 – 300 Countrystone Crescent, DSD-2023-149

Submission No.: A 2023-043
Applicants: Dharmarajan Peruman
Property Location: 300 Countrystone Crescent
Legal Description: Lot 95, Registered Plan 58M-474

Appearances:
In Support:

R. Friesen

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 an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing detaching dwelling on a lot having an area of 383.6sq.m rather than the required 395sq.m, a lot width of 10.9m rather than the required 13.1m; and, to permit 2 parking spaces rather than the required 3 parking spaces.

The Committee considered Development Services Department report DSD-2023-043, dated March 23, 2023, recommending deferral as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application, subject to conditions as outlined in the report.

R. Friesen was in attendance in support of the staff recommendation. In response to questions from the Committee, R. Friesen noted a home business currently operates in the single detached dwelling, which is not permitted by the Zoning By-law. As such, additional time is required to determine whether technical modifications will be made to the home business or whether the application will be revised with a request for an additional minor variance.

The Committee discussed and agreed to defer consideration of the application to July 2023 to allow an opportunity for the applicant to determine whether an amendment to the application is required, to request for an additional minor variance for the ‘home business’ to operate in a dwelling that is not a single detached dwelling.

Moved by B. Santos

Seconded by D. Gundrum

• That the application of DHARMARAJAN PERUMAN requesting a minor variance to the Zoning By-law to permit the construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing detaching dwelling on a lot having an area of 383.6sq.m rather than the required 395sq.m, a lot width of 10.9m rather than the required 13.1m; and, to permit 2 parking spaces rather than the required 3 parking spaces, in accordance with drawings prepared by Fine Line Drafting & Design Inc., dated March 15, 2023, on Lot 95, Registered Plan 58M-474, 300 Countrystone Cresent, Kitchener, Ontario, BE DEFERRED until July 18, 2023,  to allow an opportunity for the applicant to determine whether the application will be revised with a request for an additional minor variance for the ‘home business’ to operate in a dwelling that Is not a single detached dwelling.

  Carried

6.5

A 2023-044 – 230 Black Walnut Place, DSD-2023-179

Submission No.: A 2023-044
Applicants: Erinne Vargas & Jordan Gallant-Turner
Property Location: 230 Black Walnut Place
Legal Description: Lot 10, Plan 1486

Appearances:
In Support:

J. Gallant Turner

Contra:              

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a Catering Service Establishment in a single detached dwelling with an Additional Dwelling Unit (Attached) whereas the Zoning By-law only permits the proposed Home Occupation in a Single Detached Dwelling.

The Committee considered Development Services Department report DSD-2023-179, dated April 11, 2023, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

J. Gallant Turner was in attendance in support of the staff recommendation.

The Committee discussed and agreed that the Committee decision be approved with additional clarification to specifically refer to the existing 'Catering Service Establishment' as a home occupation rather than a home business. 

Moved by S. Hannah 

Seconded by D. Gundrum

• That the application of ERINNE LEE BENDER VARGAS and JORDAN NATHANIEL GRANTLEY GALLANT-TURNER requesting a minor variance to the Zoning By-law to permit a Catering Service Establishment as a home occupation, with a gross floor area of 18sq.m and not having any clients or customers directly to the premises, in a single detached dwelling with an Additional Dwelling Unit (Attached) whereas the Zoning By-law only permits the proposed Home Occupation in a Single Detached Dwelling, generally in accordance with drawings prepared by Tacoma Engineers, dated February 21, 2023, on Lot 10, Plan 1486, 230 Black Walnut 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.

  Carried

6.6

A 2023-045 – 125 Hickson Drive, DSD-2023-144

Submission No.: A 2023-045
Applicants: Sandy Hamilton
Property Location: 125 Hickson Drive
Legal Description: Lot 44, Plan 1055

Appearances:
In Support:

S. Hamilton

Contra:                      

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a required parking space to be 5.0m from the street (property) line rather than the required 6.0m, to facilitate the conversion of a loft and attached garage into an Additional Dwelling Unit (ADU) (Attached).

The Committee considered Development Services Department report DSD-2023-144, dated April 5, 2023, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

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

Moved by B. McColl 

Seconded by D. Gundrum 

• That the application of SANDRA LEE ANN HAMILTON requesting a minor variance to the Zoning By-law to permit a required parking space to be 5.0m from the street (property) line rather than the required 6.0m, to facilitate the conversion of a loft and attached garage into an Additional Dwelling Unit (ADU) (Attached), on Lot 144, Plan 1055, 125 Hickson Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.7

A 2023-046 – 74 Carnaby Crescent, DSD-2023-178

Submission No.: A 2023-046
Applicants: Mario Farenga
Property Location: 74 Carnaby Crescent
Legal Description: Lot 48, Plan 1216

Appearances:
In Support:

M. Warzecha

G. Saini

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 garage addition with a second floor dwelling unit, in the rear yard of an existing triplex, having an easterly side yard setback of 0.9m rather than the required 3.0m; a deck on the rear of the addition to have an easterly side yard setback of 0.9m rather than the required 3.0m; and, a Floor Space Ratio (FSR) of 0.72 rather than the permitted 0.6. 

The Committee considered Development Services Department report DSD-2023-178, dated April 4, 2023, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of MARIO DONNY FARENGA requesting a minor variance to the Zoning By-law to permit the construction of a garage addition with a second floor dwelling unit, in the rear yard of an existing triplex, having an easterly side yard setback of 0.9m rather than the required 3.0m; a deck on the rear of the addition to have an easterly side yard setback of 0.9m rather than the required 3.0m; and, a Floor Space Ratio (FSR) of 0.72 rather than the permitted 0.6, generally in accordance with drawings prepared by Brian R. Harnock, dated February 2023, on Lot 48, Plan 1216, 74 Carnaby Crescent, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.8

A 2023-047 – 744 King Street East , DSD-2023-162

Submission No.: A 2023-047
Applicants: Stephen Litt
Property Location: 744 King Street East
Legal Description: Part Lot 3, Plan 77

Appearances:
In Support:

K. Wills

S. Litt

Contra:                           

None.

Written Submissions:

R. Hallman

C. Nicolucci

The Committee was advised the applicant requested a minor variance to the Zoning By-law to facilitate the development of the subject property into an 8-storey mixed use building having 37 dwelling units and one commercial unit, on a lot having a width of 12.2m rather than the required 15.0m; a rear yard setback of 5.5m rather than the required 7.5m; a building height of 25.7m rather than the permitted 19.5m; having a dwelling unit on the ground floor, behind the active commercial use on King Street; zero (0) parking spaces for both residential and commercial uses; and, to permit an obstruction in the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT) whereas the By-law does not permit obstructions into the CVT or DVT.  

The Committee considered Development Services Department report DSD-2023-162, dated April 5, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

The Committee considered written submissions in opposition to the subject application.

K. Wills was in attendance in support of the staff recommendation. In response to concerns regarding the reduction in parking spaces outlined in a written submission, K. Wills noted a parking justification study was conducted and the conclusions of the study indicate support for the parking reduction. In addition, Transit Demand Measures (TDM) including active transportation education, 2-years of subsidized transit passes and indoor and outdoor bike parking spaces are being completed by the property owner. In regard to mitigations for the lack of overnight and visitor parking, K. Wills noted, nearby on-street parking is available; and further, residential leases will state that visitor parking will not be provided. In response to further questions from the Committee, K. Wills noted encroachment into the corner visibility triangle is a result of a road widening along King Street and Stirling Avenue. In addition, a sight distance review was conducted and found that sight lines at the corner intersection are adequate.

In response to questions from the Committee, E. Schneider noted the subject property is regulated by Zoning By-law 85-1. Further, the property is located within a Major Transit Station Area (MTSA) where new Provincial regulations are being introduced. As such, the status of parking rates and Zoning categories will be under review to ensure they align with Provincial directives. E. Schneider noted, parking rates and Zoning categories are anticipated for review by Council in December. In addition, G. Stevenson noted preliminary results of a Missing Middle and Affordable Housing study indicate that parking requirements for small infill sites significantly increase the cost of construction and limits the ability to intensify certain locations. As a result of this information, a reduction in parking requirements within MTSAs specifically at regional and city corridor roads is favorable. For this reason, Staff are in support of the proposed variances of the subject application.

D. Gundrum was of the opinion that it is an arduous process for the applicants to execute an agreement with the Region of Waterloo for subsidized transit passes.

B. Santos noted opposition to the application as he was of the opinion that the parking reduction to 0 parking spaces is not minor, further the proposed development does not seem appropriate for an area with many single detached dwellings and low-rise buildings. S. Hannah stated opposition to the staff recommendation noting, it is premature for the Committee to be making decisions regarding developments located within major transit station areas, as Council has yet to decide new parking requirements.  

S. Litt provided comments to the Committee noting, a development located 2 blocks away from the subject property has 0.7 parking spaces per unit and is currently rented at a rate of 0.3, thus, S. Litt was of the opinion that there is significant need for affordable housing rather than parking. S. Litt urged the Committee to consider that the proposed development is an affordable purpose built rental and is a deep community need.

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

Moved by D. Gundrum 

Seconded by B. McColl 

• That the application of FRANKLIN DUNSMERE SPA - LAND A INC. requesting a minor variance to the Zoning By-law to facilitate the development of the subject property into an 8-storey mixed use building having 37 dwelling units and one commercial unit, on a lot having a width of 12.2m rather than the required 15.0m; a rear yard setback of 5.5m rather than the required 7.5m; a building height of 25.7m rather than the permitted 19.5m; having a dwelling unit on the ground floor, behind the active commercial use on King Street; zero (0) parking spaces for both residential and commercial uses; and, to permit an obstruction in the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT) whereas the By-law does not permit obstructions into the CVT or DVT, in accordance with Site Plan Application SP23/012/K/KA, on Part Lot 3, Plan 77, 744 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That at the sole option of the City Solicitor, 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 subject lands (744 King Street East). In the agreement, the property owner shall agree to:

  a) Include a provision in all rental or lease agreements advising tenants that units do not include on-site parking, and that no on-site parking is available for visitors.

  b)  Provide a copy an executed GRT EasyGO Business Account Agreement with the Region of Waterloo to the satisfaction of the City’s Director of Planning, prior to occupancy.

  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

6.9

A 2023-048 – 1200 Fischer Hallman Road, DSD-2023-184

Submission No.: A 2023-048
Applicants: Bernie Nimer
Property Location: 1200 Fischer Hallman Road
Legal Description: Part Lot 1, Plan 1483

Appearances:
In Support:

S. Patterson

Contra:                  

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit 285 parking spaces (0.9 parking spaces per dwelling unit) rather than the minimum 313 parking spaces (1.0 parking per dwelling unit), to facilitate the construction of a 34-storey mixed use building having 313 dwelling units. 

The Committee considered Development Services Department report DSD-2023-184, dated April 6, 2023, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee, E. Schneider noted a variation between the Official Plan and Zoning by-law as the property is located within the Rosenberg Secondary Plan. Upon Staff review, it was determined that the Zoning by-law does not require a maximum building height and FSR. As such, the only variance required for the subject application is for the parking rate. 

Moved by B. Santos

Seconded by D. Gundrum

• That the application of 1943615 ONTARIO LIMITED requesting a minor variance to the Zoning By-law to permit 285 parking spaces (0.9 parking spaces per dwelling unit) rather than the minimum 313 parking spaces (1.0 parking per dwelling unit), to facilitate the construction of a 34-storey mixed use building having 313 dwelling units, in accordance with Site Plan Application SP22/169/F/AP, on Part Lot 1, Plan 1483, 1200 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.10

A 2023-049 – 37 Manitou Drive , DSD-2023-180

Submission No.: A 2023-049
Applicants: John Schuller
Property Location: 37 Manitou Drive
Legal Description: Lot 8, Plan 1490

Appearances:
In Support:

S. Patterson

Contra:                        

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an easterly side yard setback of 0.8m rather than the required 1.5m; and, permission for a legal non-conforming lot in the 'EMP-2' zone to be used for a Tradesman or Contractor's establishment.

The Committee considered Development Services Department report DSD-2023-180, dated April 5, 2023, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

S. Patterson was in attendance in support of the staff recommendation. In response to questions from the Committee, S. Patterson noted, the application legalizes the existing use of the land, a landscape supply company. It was noted the property is undergoing Site Plan approval and the proposed variances address concerns with the Zoning of the property. 

Moved by S. Hannah

Seconded by D. Gundrum  

• That the application of JOHN SCHULLER requesting a minor variance to the Zoning By-law to permit a southerly side yard setback of 0.8m rather than the required 1.5m; an easterly side yard setback of 0.9m rather than the required 1.5m; and, permission for a legal non-conforming lot in the 'EMP-2' zone to be used for a Tradesman or Contractor's establishment, in accordance with Site Plan Application SP22/022/M/SRM, on Lot 8, Plan 1490, 37 Manitou Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.11

A 2023-050 – 92 Arnold Street, DSD-2023-148

Submission No.: A 2023-050
Applicants: Shira Ginsler
Property Location: 92 Arnold Street
Legal Description: Lot 117, Plan 318

Appearances:
In Support:

J. Voisin

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a front yard setback of 3.0m rather than the required 6.5m, to facilitate the enclosure of an existing front porch into a mud room.

The Committee considered Development Services Department report DSD-2023-148, dated April 6, 2023, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

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

Moved by B. Santos

Seconded by D. Gundrum

• That the application of SHIRA GINSLER requesting a minor variance to the Zoning By-law to permit a front yard setback of 3.0m rather than the required 6.5m, to facilitate the enclosure of an existing front porch into a mud room, on Lot 117, Plan 318, 92 Arnold Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.12

A 2023-051 – 110 Clark Avenue, DSD-2023-146

Submission No.: A 2023-051
Applicants: Julia & Wesley Rodricks
Property Location: 110 Clark Avenue
Legal Description: Lot 109, Plan 812

Appearances:
In Support:

R. Sajkunovic

Contra:                    

None.      

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a front yard setback of 5.5m rather than the required 9.5m, to facilitate the construction of a 1-storey addition, having an area of 13.0sq.m at the front of the existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-146, dated April 5, 2023, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of JULIA LISE RODRICKS and WESLEY DALE AMBROSE RODRICKS requesting a minor variance to the Zoning By-law to permit a front yard setback of 5.5m  rather than the required 9.5m,  to permit the construction of a 1 storey addition, 13sq.m in area, at the front of the existing single detached dwelling in accordance with drawings prepared by Caryndale Contracting, JR Design and Consultants, Rob Sajkunovic, dated July 2022, on  Lot 109,  Plan 812, 110 Clark Avenue, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.13

A 2023-052 – 306 Wellington Street North, DSD-2023-165

Submission No.: A 2023-052
Applicants: Filipe Oliveira
Property Location: 306 Wellington Street North
Legal Description: Part Lots 32 & 33, Plan 34

Appearances:
In Support:

F. Oliveira

Contra:                           

S. Hodgins

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a lot having a width of 15.9m rather than the required 19m, a maximum floor space ratio of 0.72 rather than the required 0.6, and minimum landscaping of 15.8% rather than the required 20%, to facilitate the construction of a 3-storey addition containing 4-residential units in the rear yard of an existing duplex.

The Committee considered Development Services Department report DSD-2023-165, dated March 31, 2023, recommending approval as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application.

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

S. Hodgins was in attendance in opposition of the staff recommendation. S. Hodgins requested that the existing fence located between the subject property and 310 Wellington Street North be maintained to control pedestrian noise from travelling into an apartment located adjacent to the fence (and a proposed walkway). S. Hodgins also expressed concerns with surface water drainage. 

S. Hannah noted the proposed walkway is not directly adjacent to the property line and E. Schneider confirmed that the proposed walkway is about 5 feet from the property line.

In response to questions from the Committee, E. Schneider noted, the fence located between the subject property and 310 Wellington Street North is not required by the Zoning By-law thus could not be regulated. E. Schneider also noted drainage will be regulated through the building permit process.

The Committee discussed and agreed to include a condition in the Committee’s decision this date, that the owner be required to maintain the existing 6ft fence located between the subject property and 310 Wellington Street North. 

Moved by S. Hannah 

Seconded by D. Gundrum 

• That the application of FILIPE DA SILVA OLIVEIRA requesting a minor variance to the Zoning By-law to permit a lot having a width of 15.9m rather than the required 19m, a maximum floor space ratio of 0.72 rather than the required 0.6, and minimum landscaping of 15.8% rather than the required 20%, to facilitate the construction of a multiple dwelling having a total 6 dwelling units in the rear yard of an existing duplex, in accordance with plans prepared by Ryszard Gancewski Architect, dated March 23, 2023,  on Part Lots 32 & 33, Plan 34, 306 Wellington Street North, Kitchener, Ontario, BE APPROVED subject to the following condition:

  1. The property owner shall ensure the existing 6ft fence located between the subject property and 310 Wellington Street North is maintained, to the satisfaction of the Director of Planning.

  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

6.14

B 2023-016 – 73 Second Avenue, DSD-2023-185

Submission No.: B 2023-016
Applicants: Weijie Zhang
Property Location: 73 Second Avenue
Legal Description: Lot 33, Plan 254

Appearances:
In Support:

B. Jokanovic

Contra:                

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 10.1m along Second Avenue, a depth of 40.2m, and an area of 404.7sq.m. The land to be retained will have a width of 10.1m along Second Avenue, a depth of 40.2m and an area of 404.7sq.m. Each parcel is intended to be constructed with a detached duplex dwelling.

The Committee considered Development Services Department report DSD-2023-185, dated April 5, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 3, 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 April 3, 2023, advising they have no concerns with the subject application.

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

Moved by D. Gundrum

Seconded by B. Santos  

• That the application of WEIJIE ZHANG requesting consent to sever a parcel of land having a width of 10.1m along Second Avenue, a depth of 40.2m, and an area of 404.7sq.m. The land to be retained will have a width of 10.1m along Second Avenue, a depth of 40.2m and an area of 404.7sq.m, on Lot 33, Plan 254, 73 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  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.
  5. 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 feed endorsement.
  6. 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.
  7. That any new driveways are to be built to City of Kitchener standards at the property owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  8. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
  9. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.
  10. That the property owner shall obtain Demolition Control Approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Director of Planning.
  11. That the property owner shall obtain a Demolition Permit for the existing dwelling proposed to be demolished to the satisfaction of the Chief Building Official.
  12. That at the sole option of the City’s Director of Planning, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Planning, which shall include the following:

  a) That the property owner shall prepare a Tree Preservation Plan for the severed and retained lands, in accordance with the City’s Tree Management Policy, to be approved by the City’s Supervisor, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures.

  b) That the property owner further agrees to implement the approved plan. NO changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

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

  14. That the property owner shall enter into a registered agreement with the Region of Waterloo on both retained and severed lots:

  a) The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed with provision for the installation of central air conditioning in the future at the occupant’s discretion.

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

  “The purchasers/tenants are advised that sound levels due to increasing road traffic Highway7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP).”

  Alternatively, the applicant may choose to undertake a detailed environmental noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots. The recommendations of the detailed noise study will be implemented through a registered agreement with the City of Kitchener. The recommendations of the detailed noise study will be implemented through a registered agreement with the Region of Waterloo. 

  
  c) That the property owner shall ensure that all noise attenuation measures required pursuant to this Agreement are implemented and completed to the satisfaction of the Regional Municipality of Waterloo and where applicable, incorporated in the building plans for the dwelling units on the Severed Lands and the Retained Lands prior to the property owner requesting the issuance of any building permits. The property owner further agrees to construct the dwelling units on the Severed Lands and the Retained Lands in accordance with approved plan(s) which incorporate all such required noise attenuation measures. 

  It is the opinion of this Committee that:

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

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

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

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

  Carried

6.15

B 2023-017 – 23 & 25 Elmsdale Drive, DSD-2023-140

Submission No.: B 2023-017
Applicants: Waltraud Ratte
Property Location: 23 & 25 Elmsdale Drive
Legal Description: Lot 43, Plan 1270

Appearances:
In Support:

V. Schmidt

Contra:          

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 10.5m along Elmsdale Avenue, a depth of 35.1m, and an area of 325sq.m. The land to be retained will have a width of 10.5m along Elmsdale Avenue, a depth of 35.1m and an area of 315sq.m. 

The Committee considered Development Services Department report DSD-2023-140, dated April 3, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 3, 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 April 3, 2023, advising they have no concerns with the subject application.

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

S. Hannah noted Condition 4 outlined in the Development Services Department report DSD-2023-140 simply requires that the location of existing service connections be confirmed. As such, S. Hannah proposed that Condition 4 be amended to reflect standard wording that Staff typically present for this type of condition. In response to questions from the Committee, V. Schmidt confirmed that the property owner would be satisfied with the proposed amended condition.

The Committee discussed and agreed to amend Condition 4 proposed by Staff as outlined in Development Services Department report DSD-2023-140, of the Committee’s decision this date, to replace it with the following:

4. 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.

Moved by S. Hannah  

Seconded by D. Gundrum

• That the application of WALTRAUD RATTE requesting consent to sever a parcel of land having a width of 10.5m along Elmsdale Avenue, a depth of 35.1m, and an area of 325sq.m, on Lot 43, Plan 1270, 23 & 25 Elmsdale Drive, 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 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.
  5. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  6. That the property owner shall enter into a registered agreement with the Region of Waterloo to provide the following:

  That the following noise warning clause be included in all offers of purchase, deeds and rental agreements:

  “Purchasers/tenants are advised that sound levels due to increasing road traffic on Highway 7/8 may, on occasions, 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 & Parks (MECP)

  It is the opinion of this Committee that:

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

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

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

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

  Carried

6.16

B 2023-018 – 299 Ottawa Street North, DSD-2023-176

Submission No.: B 2023-018
Applicants: 10000446086 Ontario Inc.
Property Location: 299 Ottawa Street North
Legal Description: Part Lot 45, Plan 651

Appearances:
In Support:

C. Balluch

N. Modi

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 10.8m along Ottawa Street North, a depth of 43.7m and an area of 472sq.m. The land to be retained will have a width of 10.8m along Ottawa Street North, a depth of 44.5m and an area of 481sq.m. Each parcel is intended to be constructed with a detached dwelling.  

The Committee considered Development Services Department report DSD-2023-176, dated April 12, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 3, 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 April 3, 2023, advising they have no concerns with the subject application.

C. Balluch was in attendance in support of the staff recommendation however, requested that the Committee omit Condition 13a) due to the time and cost constraints of preparing a Tree Preservation Plan.

The Committee expressed concerns for residents' safety in accessing Ottawa Street North as it is a high-volume Regional Road in close proximity to the Ministry of Transportation Highway 7/8 off-ramp. In response to questions from the Committee, D. Seller noted the Region of Waterloo had concerns with the proposed driveway locations, as such, the Region proposed conditions that require the applicant to obtain a regional road access permit which will regulate the driveway locations.

In response to questions from the Committee, C. Balluch noted, consultations were held with Staff to discuss alternative driveway locations that allow vehicles to exit the driveway in a forward motion (as opposed to reversing) however, due to space constraints it was determined that the proposed driveway locations, as outlined in the application is the best arrangement. 

B. Santos brought forward a motion to approve the application with Condition 13a) being removed, which was seconded by D. Gundrum. The motion was voted on and was LOST, with S. Hannah, B. Santos, D. Gundrum and B. McColl voting in opposition; and, D. Pateman voting in favour.

As a result of the application being voted on and LOST, Provisional Consent Application B 2023-018 - 299 Ottawa Street North, outlined in Development Services Department report DSD-2023-176, has effectively been refused.

Moved by B. Santos 

Seconded by D. Gundrum

• That the application of 1000446086 ONTARIO INC requesting consent to sever a parcel of land having an approximate width of 10.9m along Ottawa Street North, a depth ranging between 42.8m and 43.7m, and an area of 471sq.min general conformity with the Severance Sketch attached to Report DSD-2023-176, on Part Lot 45, Plan 651, 299 Ottawa Street North, Kitchener, Ontario, BE REFUSED. 

  It is the opinion of this Committee that while this consent application may conform to the City’s Official Plan and Zoning By-law, the creation of a new lot does not give consideration to safety and accessibility for access on to a high-volume Regional Road (Ottawa Street North) in close proximity to the Ministry of Transportation Highway 7/8 off-ramp. 

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

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

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

  Carried

7.

ADJOURNMENT

On motion, the meeting adjourned at 11:35 a.m.

Marilyn Mills

Secretary-Treasurer