Committee of Adjustment

Committee Minutes

Tuesday, May 16, 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
• B. Santos
• B. McColl

Staff:

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

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1.

COMMENCEMENT

The meeting commenced at 10:02 a.m.

2.

MINUTES

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

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

3.1

D. Pateman - B 2023-010 & A 2023-037 - 709 Glasgow Street, DSD-2023-107, DSD-2023-230

D. Pateman declared a pecuniary interest with respect to consent application B 2023-010 and minor variance application A 2023-037 - 709 Glasgow Street, DSD-2023-107, DSD-2023-230 on the agenda this date due to a conflict arising from his employment. Accordingly, D. Pateman did not participate in any discussion or vote regarding this matter.

4.

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

5.

UNFINISHED BUSINESS

5.1

B 2023-010 & A 2023-037 - 709 Glasgow Street, DSD-2023-107, DSD-2023-230

Submission No.: B 2023-010 & A 2023-037
Applicants: John Gallivan & Susan Homer
Property Location: 709 Glasgow Street
Legal Description: Part Lot 44, Plan 793

D. Pateman did not participate in any discussion or vote regarding this matter due to his previously declared conflict. D. Pateman left the meeting at this time.

S. Hannah assumed Chair at this time. 

 

Appearances:
In Support:

J. Gallivan

S. Homer

D. Currie

N. van Oyen

Contra:            

K. Lawson

B. Wyse

J-A. Chapman

 

Written Submissions:

K. Lawson	B. Wyse
A. Grieve	P. Wiebe Milburn
R. Rielly	J. O’Doherty
H. Clahorn	C. Moolenburgh
R. & K. Unndonger	K. Nulo
L. & G.	S. Taylor
G. & R. Hauser	E. Carpenter
V. R.	T. Riedel
M. & S. Talwar	V. Bindlish
A. Bass	J-A. Chapman
S. Homer

 

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 20.0m, a depth of 126.0m, and an area of 2,581.0sq.m. The retained land will have a width of 26.0m, a depth of 125.0m, and an area of 4,043sq.m. In addition, a minor variance to the Zoning By-law is requested, to permit a width of 20.0m rather than the required 24.0m, to facilitate the creation of a lot for the proposed single detached dwelling. Both parcels will continue to be a residential use, the retained land with the existing detached dwelling, the severed land is proposed for a new residential dwelling.

The Committee considered Development Services Department report DSD-2023-107, dated May 16, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 2, 2023 and March 15, 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 March 2, 2023, advising they have no concerns with the subject application.

T. Malone-Wright noted the subject application was deferred from the March 21, 2023 Committee of Adjustment meeting to allow an opportunity for the applicant to provide alternatives to the lot fabrication and the location of the proposed building envelope. T. Malone-Wright noted, the applicant has proposed a revised building envelope that will meet the front yard setback and zoning requirements. Further, the revised building envelope is proposed to be in line with the existing dwelling. 

D. Currie, N. Van Oyen, S. Homer and J. Gallivan were in attendance in support of the application. D. Currie noted the woodland area at the property is not locally, regionally or provincially significant thus the stewardship of the land is the responsibility of the property owners and further, will be regulated by the City's Tree Management policy. In regard to the lot configuration, D. Currie noted the City historically does not support flag shaped lots. 

In response to questions from the Committee, it was noted building designs have not been provided as architects have indicated preference that the consent to sever the lot is granted prior to designs being developed.

K. Lawson and B. Wyse were in attendance in opposition of the application. K. Lawson noted, if severance is granted, it is preferred that building infill is near the street and tree cutting is constrained through any applicable City policies. 

J-A. Chapman was in attendance in opposition to the application and noted, if severance is granted for the subject application, the City will not be provided the authority for strict oversight related to tree conservation at the subject property as the severed lands will be less than 1 acre in size.

In response to questions from the Committee, T. Malone-Wright noted the City requires a permit to be obtained for the removal of trees on properties greater than 1 acre however the City's tree conservation by-law does not prohibit the removal of trees. 

The following motions were then voted and were Carried, with B. Santos and B. McColl voting in favour; and, S. Hannah voting in opposition.

Moved by B. McColl  

Seconded by B. Santos 

• B 2023-010

  That the application of JOHN BRIAN GALLIVAN and SUSAN ELAINE HOMER requesting consent to sever a parcel of land having a width of 20.0m, a depth of 126.0m, and an area of 2,581.0sq.m, generally in accordance with Plans prepared by MHBC Planning, dated, May 3, 2023, Part Lot 44, Plan 793, 709 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A 2023-037 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasure 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) Remove all structures including the shed, the driveway, and the amour and stone retaining walls from the severed lands to the satisfaction of the City’s Supervisor, Development Applications.

  b) Obtain a Curb Cut Permit, and install a new driveway to provide vehicular access to the retained lands. 

  c) Prepare a Tree Preservation and Enhancement Plan for the severed and retained lands, in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Supervisor, Site Plans, prior to any site alteration or removals of structures on the severed lands in accordance with Condition 5.a), and the installation of a new driveway on the retained lands in accordance with Condition 5.b). Such plans shall include, among other matters, the identification of a proposed driveway location, existing building, and/or proposed work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

  d) Implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing, or installation of the driveway, the issuance of any demolition, building permits, and/or curb cut permit to the satisfaction of the City’s Supervisor, Site Plans.

  6. 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 (which may require approval of Minor Variance(s)), 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.

  7. That the property owner shall:

  a) Complete a Building Code Assessment for the existing dwelling proposed to be retained on the [severed or retained] parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City’s Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings’ wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results.

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

  8. That the property owner shall make financial arrangements to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $11,862.00 of the value of the lands to be severed.

  9. 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.

  10. 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.

  11. 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.

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

  13. 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. 

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

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

  16. That the property owner shall enter into an agreement with the Region of Waterloo, to be registered on title for the severed and retained lands that includes the requirement for the following noise warning clause in all agreements of Offers of Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo.

   Severed Lot:

  a) The dwelling/building will be installed with a suitably sized and designed forced air-ducted heating and ventilation system with the provision of central air-conditioning at the occupant’s discretion

  b) The following noise clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale of the dwelling units:

      
  “Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks (MECP).

  This unit 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 Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP).

  Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.”

  c) The property owner shall ensure that all noise attenuating 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 unit on the Severed Lands prior to the property owner requesting the issuance of any building permits. The property owner further agrees to construct the dwelling unit on the Severed Lands in accordance with approved plan(s) with incorporate all such required noise attenuating measures.

  Retained Lot:

  a) The following noise warning clauses will be included in the development agreements, purchase and tenancy agreements and offers of purchase and sale of the dwelling units:

  “Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks (MECP).

  Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way."

  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 2023-037

  That the application of JOHN BRIAN GALLIVAN and SUSAN ELAINE HOMER requesting a minor variance to permit a lot width of 20.0m rather than the required 24.0m, to facilitate the creation of a lot outlined in Consent Application B 2023-010 for the construction of a single detached dwelling in accordance with drawings prepared by Van Harten Survey Inc, dated January 18, 2023, on Part Lot 44, Plan 793, 709 Glasgow Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.

NEW BUSINESS

 

6.1

A 2023-053 - 525 Erinbrook Drive, DSD-2023-214

Submission No.: A 2023-053
Applicants: Activa Holdings Inc.
Property Location: 525 Erinbrook Drive
Legal Description: Part Block 128, Plan 1819; being Parts 3 to 5 on Reference Plan 58R-20691

D. Pateman re-entered the meeting at this time and re-assumed Chair position. 

Appearances:
In Support:

R. McIntyre

Contra:  

J. Morgan

Written Submissions:

C. Reynolds

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit 1.4 parking spaces per dwelling unit (99 parking spaces) rather than the required 1.5 parking spaces per dwelling unit (108 parking spaces); and, to permit a visitor parking rate of 14% (14 parking spaces) rather than the minimum required 20% (20 parking spaces), to facilitate the construction of a residential development having three multiple dwelling blocks, each containing 24 dwelling units for a total of 72 dwelling units

The Committee considered Development Services Department report DSD-2023-214, dated May 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 21, 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 May 1, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee, T. Malone-Wright noted a Site Plan Application was submitted and has received approval in principle subject to the approval of the proposed minor variances.

J. Morgan was in attendance in opposition of the application and noted concerns for parking encroachment onto adjacent streets as overnight street parking is not permitted during winter months. In response, T. Malone-Wright noted the subject property is regulated by Zoning By-law 85-1 which has a much higher parking requirement than the new Zoning By-law, 2019-051. It was noted the subject application proposes a greater number of parking spaces than what is required by Zoning By-law 2019-051.

Moved by S. Hannah

Seconded by B. Santos 

• That the application of ACTIVA HOLDINGS INC requesting a minor variance to Zoning By-law 85-1  to permit a parking rate of 1.4 parking spaces per dwelling unit (99 parking spaces) rather than the required 1.5 parking spaces per dwelling unit (108 parking spaces); and, to permit a visitor parking rate of 14% (14 parking spaces) rather than the minimum required 20% (20 parking spaces), to facilitate the construction of a residential development having three multiple dwelling blocks, each containing 24 dwelling units for a total of 72 dwelling units, in accordance with Site Plan Application SP22/128/H/TS, on Part Block 128, Plan 1819; being Parts 3 to 5 on Reference Plan 58R-20691, 525 Erinbrook Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.2

A 2023-054 - 133 Manitou Drive, DSD-2023-207

Submission No.: A 2023-054
Applicants: Oak Bridge Properties
Property Location: 133 Manitou Drive
Legal Description: Lot 20, Plan 1489

Appearances:
In Support:

G. Saini

Contra:    

  None. 

Written Submissions:

  None.

The Committee was advised the applicant requested permission for the enlargement or extension of a legal non-conforming use a health clinic use related to a home health care business in the "General Industrial Employment Zone (EMP-2)", which will allow ParaMed to occupy vacant space within the existing building.

The Committee considered Development Services Department report DSD-2023-207, dated May 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 21, 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 May 1, 2023, advising they have no concerns with the subject application.

G. Saini was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by S. Hannah 

• That the application of OAK BRIDGE PROPERTIES INC requesting permission for the enlargement or extension of a legal non-conforming use a health clinic use related to a home health care business in the "General Industrial Employment Zone (EMP-2)", which will allow ParaMed to occupy vacant space within the existing building, in accordance with the Site Plan Application Sp23/016/M/TZ on Lot 20, Plan 1489, 133 Manitou Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

  1. That the approval of this application is in the public interest.
  2. That the enlargement or extension will not create any adverse impacts.

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

  Carried

6.3

A 2023-055 - 152 Weber Street East, DSD-2023-206

Submission No.: A 2023-055
Applicants: Subhra Dutta
Property Location: 152 Weber Street East
Legal Description: Sub Lot 2, Part Lots 42 and 43, German Company Tract

Appearances:
In Support:

S. Dutta

Contra:          

None.

Written Submissions:

C. Reynolds

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a lot area of 375sq.m rather than the required 395sq.m; and, to permit an easterly side yard setback of 0.44m rather than the required 1.2m, to facilitate the construction of an addition and conversion of the existing duplex into a 3-unit dwelling.

The Committee considered Development Services Department report DSD-2023-206, dated May 10, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 21, 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 May 1, 2023, advising they have no concerns with the subject application.

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

Moved by B. Santos

Seconded by S. Hannah

• That the application of SUBHRA DUTTA requesting a minor variance to Zoning By-law 85-1 to permit a lot area of 375sq.m rather than the required 395sq.m; and, to permit an easterly side yard setback of 0.44m rather than the required 1.2m, to facilitate the construction of an addition and conversion of the existing duplex into a 3-unit dwelling, in accordance with the Site Plan prepared by Rob Sajkunovic, dated June 2021, on Sub Lot 2, Part Lots 42 and 43, German Company Tract, 152 Weber Street East, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.4

A 2023-056 - 17 Brock Street, DSD-2023-203

Submission No.: A 2023-056
Applicants: Patricia Galinski
Property Location: 17 Brock Street
Legal Description: Lot 15, Plan 158

Appearances:
In Support:

P. Galinski

Contra:                           

None.

Written Submissions:

P. Galinski

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit an attached garage to have an easterly side yard setback of 0.34m rather than the required 1.2m; and, a rear yard setback of 2.4m rather than the required 7.5m, to facilitate the conversion of the roof of the existing attached garage from a shed style to a pitched shaker style.

The Committee considered Development Services Department report DSD-2023-203, dated May 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 21, 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 May 1, 2023, advising they have no concerns with the subject application.

P. Galinski was in attendance in support of the staff recommendation. 

It was noted a revised design was provided by the applicant and circulated to the Committee. As such, the Committee discussed and agreed amend the date reference for the h11 design from March 30, 2023 to May 12, 2023 in the Committee's decision this date.

Moved by S. Hannah

Seconded by B. Santos

Carried 

• That the application of PATRICIA J GALINSKI requesting a minor variance to Zoning By-law 85-1 to permit an attached garage to have an easterly side yard setback of 0.34m rather than the required 1.2m; and, a rear yard setback of 2.4m rather than the required 7.5m, to facilitate the conversion of the roof of the existing attached garage from a shed style to a pitched shaker style, generally in accordance with  drawings prepared by Van Harten Surveying, dated May 30, 2022, and h11 design, dated May 12, 2023, on Lot 15, Plan 158, 17 Brock 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

6.5

A 2023-057 - 84 Maple Hill Drive, DSD-2023-218

Submission No.: A 2023-057
Applicants: Amelia Georghiades
Property Location: 84 Maple Hill Drive
Legal Description: Part Lot 3, Plan 794, Part Lots 9 to 11, Plan 877; being Parts 1 to 4 on Reference Plan 58R-12830 and being Part 1 on Reference Plan 58R-19865

Appearances:
In Support:

J. von Westerholt

Contra:        

A. Bass

Written Submissions:

C. Reynolds

M. Fitton

The Committee was advised the applicant requested a minor variance to Zoning By-law 2019-051 to legalize a driveway width of 25.8m rather than the maximum permitted 8.0m, to recognize the location, size, and configuration of an existing residential driveway (Minor Variance Application A 2013-002 was previously approved for a driveway width of 18.3m).

The Committee considered Development Services Department report DSD-2023-218, dated May 8, 2023 recommending refusal to legalize the existing 25.8m driveway width, instead, Staff recommend approval of a width of 18.3m.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 21, 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 May 1, 2023, advising they have no concerns with the subject application.

T. Malone-Wright noted the subject property was previously permitted a minor variance to Zoning By-law 85-1 for a driveway width of 18.3 metres. However, the driveway was constructed with a width of 25.8 metres thus the applicant seeks to legalize the existing driveway width. T. Malone-Wright noted, Staff are not supportive of this request as a driveway width of 25.8 metres requires a variance to the new Zoning By-law, 2019-051. As such, Staff suggested a maximum driveway width of 18.3 metres be permitted in accordance with the previous decision of the Committee.

J. von Westerholt was in attendance and requested that the Committee defer consideration of the application to the June 2023 Committee of Adjustment meeting, to allow an opportunity for the applicant to have discussions with staff regarding an appropriate driveway width. 

A. Bass was in attendance in opposition of the application and expressed concern that the previous Committee decision and driveway plans were not adhered to and further, expressed concern about the lack of enforcement processes for minor variance approvals.

In response to questions from the Committee, T. Malone-Wright noted the minor variance application to legalize the existing driveway came about through a City inspection in the subject area. At the request of the Committee, T. Malone-Wright noted additional technical information regarding the measurement of driveway widths would be provided in future staff reports.

D. Pateman expressed support for staff's recommendation to approve a driveway width of 18.3m as previously approved by the Committee. As such, D. Pateman noted he was not in support of deferring consideration of the application. 

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

Moved by S. Hannah

Seconded by B. McColl

• That the application of AMALIA GEORGHIADES requesting a minor variance to legalize a driveway width of 25.8m rather than the maximum permitted 8.0m, to recognize the location, size, and configuration of an existing residential driveway (Minor Variance Application A 2013-002 was previously approved for a driveway width of 18.3m), generally in accordance with the drawings prepared by MacKinnon & Associates, dated August 28, 2013,on Part Lot 3, Plan 794, Part Lots 9 to 11, Plan 877; being Parts 1 to 4 on Reference Plan 58R-12830 end being Part 1 on Reference Plan 58R-19865, 84 Maple Hill Drive, Kitchener, Ontario, BE DEFERRED until June, 20, 2023 to allow an opportunity for the applicant to have discussions with staff regarding the variances.

  Carried

6.6

A 2023-058 - 202 Courtland Avenue East, DSD-2023-211

Submission No.: A 2023-058
Applicants: Jordan & Marie Kilts
Property Location: 202 Courtland Avenue East
Legal Description: Part Lot 12, Plan 390, Part Lot 6, Plan 368, Part Lot 51, Closed Streets and Lanes

Appearances:
In Support:

M. Emanuele

Contra:                           

None.

Written Submissions:

C. Reynolds

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a lot width of 12.3m rather than the required 13.1m; and, to permit an Additional Dwelling Unit (ADU)(Detached) to be setback 0.46m from the rear lot line rather than the required 0.6m, to facilitate the conversion of an existing detached garage into a dwelling unit.

The Committee considered Development Services Department report DSD-2023-211, dated April 25, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 21, 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 May 1, 2023, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by B. Santos 

• That the application of JORDAN G KILTS and MARIA JOSE KILTS requesting a minor variance to Zoning By-law 85-1 to permit a lot width of 12.3m rather than the required 13.1m; and, to permit an Additional Dwelling Unit (ADU)(Detached) to be setback 0.46m from the rear lot line rather than the required 0.6m, to facilitate the conversion of an existing detached garage into a dwelling unit, in accordance with drawings prepared by Tri City Builders, Project Number 23-02, on Part Lot 12, Plan 390, and Part Lot 6, Plan 368, Part Lot 51, Closed Streets and Lanes, 202 Courtland Avenue East, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.7

A 2023-059 - 26 Louisa Street, DSD-2023-201

Submission No.: A 2023-059
Applicants: Stefan Sebastian
Property Location: 26 Louisa Street
Legal Description: Part Lot 372, Plan 376

Appearances:
In Support:

G. Tamane

Contra:    

None.

Written Submissions:

C. Reynolds

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit the 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 attached garage into a living space.

The Committee considered Development Services Department report DSD-2023-059, dated May 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 21, 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 May 1, 2023, advising they have no concerns with the subject application.

G. Tamane was in attendance in support of the staff recommendation.

Moved by S. Hannah

Second by B. Santos 

• That the application of ROBERT STEFAN SEBASTIAN requesting a minor variance to Zoning By-law 85-1 to permit the 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 attached garage into a living space, in accordance with the Site Sketch prepared by Catalyst General Contracting, dated December 2022, on Part Lot 372, Plan 376, 26 Louisa 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

6.8

A 2023-060 - 20 Cameron Street North, DSD-2023-204

Submission No.: A 2023-060
Applicants: Ryan Joseph Walter & Kaleigh Russell
Property Location: 20 Cameron Street North
Legal Description: Part Lot 24 & 25, Plan 365

Appearances:
In Support:

R. Walter

Contra:  

None.

Written Submissions:

C. Reynolds

B. Williamson

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a lot width of 12.1m rather than the required 13.1m; a southerly side yard setback of 1.1m rather than the required 1.2m; and, a northerly side yard setback of 2.6m rather than the required 3.0m, to facilitate the conversion of the existing duplex into a triplex.

The Committee considered Development Services Department report DSD-2023-204, dated April 25, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 21, 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 May 1, 2023, advising they have no concerns with the subject application.

R. Walter was in attendance in support of the staff recommendation. In response to questions from the Committee, it was noted a demolition permit has been obtained and the shed in the backyard will be removed. Further, it was noted an amenity space is proposed in place of the shed. 

Moved by B. McColl

Seconded by B. Santos 

• That the application of KALEIGH RUSSELL and RYAN WALTER requesting a minor variance to Zoning By-law 85-1 to permit a lot width of 12.1m rather than the required 13.1m; a southerly side yard setback of 1.1m rather than the required 1.2m; and, a northerly side yard setback of 2.6m rather than the required 3.0m, to facilitate the conversion of the existing duplex into a triplex, generally in accordance with drawings prepared by Ryan Joseph Walter, dated April 6th, 2023, on Part Lot 24 & 25, Plan 365, 20 Cameron Street North, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.9

A 2023-061 - 231 Arnold Street, DSD-2023-220

Submission No.: A 2023-061
Applicants: Perry Maclean
Property Location: 231 Arnold Street
Legal Description: Lot 15, Plan 174

Appearances:
In Support:

R. Mason

Contra:        

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a rear yard setback of 7.6m rather than the required 14.0m, to facilitate the construction of an addition in the rear of an existing warehouse building.

The Committee considered Development Services Department report DSD-2023-220, dated May 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 21, 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 May 1, 2023, advising they have no concerns with the subject application.

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

Moved by B. Santos

Seconded by B. McColl

• That the application of PERRY MACLEAN requesting a minor variance to Zoning By-law 85-1 to permit a rear yard setback of 7.6m rather than the required 14.0m, to recognize the location of an addition in the rear of an existing warehouse building, in accordance with Site Plan Application Sp23/027/A/TZ, on Lot 15, Plan 174, 231 Arnold 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

6.10

A 2023-062 - 27 Sunbridge Crescent, DSD-2023-212

Submission No.: A 2023-062
Applicants: Dave Baker
Property Location: 27 Sunbridge Crescent
Legal Description: Part Lots 124 & 125, German Company Tract; being Part 3 on Reference Plan 58R-12341

Appearances:
In Support:

D. Baker

Contra:    

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit the construction of a single detached dwelling on the vacant lot zoned Agricultural Zone (A-1), having an area of 3.68 hectares rather than the required 1.2 hectares, a width of 38.5m rather than the required 60.0m; and, to permit a proposed detached accessory structure (a shed) to have a easterly side yard setback of 5.2m rather than the required 7.5m. 

The Committee considered Development Services Department report DSD-2023-212, dated April 28, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 21, 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 24, 2023, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by B. McColl

• That the application of DAVID STEPHEN BAKER requesting a minor variance to Zoning By-law 85-1 to permit the construction of a single detached dwelling on the vacant lot zoned Agricultural Zone (A-1), having an area of 3.68 hectares rather than the required 1.2 hectares, a width of 38.5m rather than the required 60.0m; and, to permit a proposed detached accessory structure (a shed) to have a easterly side yard setback of 5.2m rather than the required 7.5m, in accordance with the building layout on the topographic sketch, prepared by J.D. Barnes Limited, dated April 17, 2023, and the building drawings prepared by Country Lane Builders, dated March 20, 2023, on Part Lots 124 & 125, German Company Tract; being Part 3 on Reference Plan 58R-12341, 27 Sunbridge Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That a 5-metre-wide easement be secured on title of the property, in favour of the City of Kitchener, for the purposes of drainage, as shown on the Topographic Sketch submitted with the application, prepared by J.D. Barnes Limited, dated April 17, 2023.

  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

B 2023-019 - 680 Frederick Street, DSD-2023-208

Submission No.: B 2023-019
Applicants: Marcsalo Holdings Inc.
Property Location: 680 Frederick Street
Legal Description: Lot 28, Plan 764

Appearances:
In Support:

A. Rosu

Contra:              

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.6m, a depth of 45.7m and an area of 349.3sq.m. The retained land will have a width of 7.6m along Frederick Street, a depth of 45.7m and an area of 349.3sq.m. The existing dwelling is proposed to be demolished and new a semi-detached dwelling is proposed to be constructed.

The Committee considered Development Services Department report DSD-2023-208, dated May 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated April 28, 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 May 1, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee regarding sufficient public notice, T. Malone-Wright noted, lawn signs are a courtesy notice to the public and are placed by Staff at properties where consent or minor variance requests are to be considered by the Committee. Further, T. Malone-Wright noted statutory notice requirements were met as the application was advertised in the Record.

In response to questions from the Committee, A. Rosu noted the development intention is to demolish the existing dwelling and construct a semi-detached dwelling on the subject property.

In response to further questions from the Committee, T. Malone-Wright noted Staff usually prefer that dwellings are demolished, and new buildings are constructed prior to the request for severance, however, the applicant opted to proceed with the severance application at this time.

S. Hannah noted preference for the process outlined by staff related to demolition and construction being completed prior to applying for the severance. S. Hannah expressed concern with approving the severance without having an understanding of the design details for the dwelling, which are yet to be finalized. S. Hannah referenced two other semi-detached dwellings recently constructed on Frederick Street having oversized driveways in the entire front yard seeming more like parking lots, which is not in keeping with streetscape. S. Hannah also indicated preference for building designs to be provided in support of the application.

The Committee discussed whether deferral of the application may allow the applicant an opportunity to come back to the Committee with building designs. In response, A. Rosu noted the proposed conditions outlined in the Staff Report deal with the orderly development of the site and further, the applicant is willing to undertake additional surveying work to ensure the demising wall is placed exactly on the property line.

B. Santos brought forward a motion to approve the application which was seconded by B. McColl. The motion was voted on and was LOST on a tie, with B. Santos and D. Gundrum voting in favour and S. Hannah and B. McColl voting in opposition.

It was noted, as a result of the application being voted on and LOST, Provisional Consent Application B 2023-019 - 680 Frederick Street, outlined in Development Services Department report DSD-2023-208, has effectively been refused.

Moved by B. Santos 

Seconded by B. McColl

• That the application of MARCSALO HOLDINGS INC requesting permission to sever a parcel of land having a width of 7.6m, a depth of 45.7m and an area of 349.3sq.m. The retained land will have a width of 7.6m along Frederick Street, a depth of 45.7m and an area of 349.3sq.m. The existing dwelling is proposed to be demolished and new a semi-detached dwelling is proposed to be constructed, on Lot 28, Plan 764, 680 Frederick Street, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

  1. That the proposed severance is premature as the final confirmation for the location of the demising wall, driveways and landscaping for the proposed semi-detached dwellings are still yet to be finalized.
  2. That the proposed lots and requirements of the Zoning By-law for the severed lands and the retained lands cannot be confirmed until the dwelling is fully constructed.

  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.

  LOST on a tie

6.12

B 2023-020 - 685 Fischer Hallman Road Unit Q, DSD-2023-213

Submission No.: B 2023-020
Applicants: 1465762 Ontario Ltd.
Property Location: 685 Fischer Hallman Road Unit Q
Legal Description: Part Lot 47, German Company Tract; being Part 2 on Reference Plan 58R-1423

Appearances:
In Support:

J. von Westerholt

Contra:              

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent for a long-term lease, a period greater than 21 years, for a building occupied by the 'Your Neighbourhood Credit Union Inc.', known as Unit 'Q', on the property located at 685 Fischer Hallman Road.

The Committee considered Development Services Department report DSD-2023-213, dated May 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 28, 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 May 1, 2023, advising they have no concerns with the subject application.

J. von Westerholt was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by B. Santos

• That the application of 1465762 ONTARIO LIMITED requesting permission for a long-term lease, a period greater than 21 years, for a building occupied by the 'Your Neighbourhood Credit Union Inc.', on Part Lot 47, German Company Tract; being Part 2 on Reference Plan 58R-1423, 685 Fischer Hallman Road, Unit Q, 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 satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  It is the opinion of this Committee that:

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

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

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

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

  Carried

7.

ADJOURNMENT

On motion, the meeting adjourned at 11:50 am.