Committee of Adjustment

Committee Minutes

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

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• D. Pateman, Chair
• S. Hannah, Member
• D. Gundrum, Member
• B. Santos, Member

Staff:

• T. Malone-Wright, Supervisor, Development Applications
• S. Ryder, Transportation Services
• E. Schneider, Planner
• 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 February 21, 2023, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

3.1

B. Santos - A 2022-126 - 44 Rusholme Road, DSD-2023-119

B. Santos declared a pecuniary interest with respect to minor variance application A 2022-126 - 44 Rusholme Road, DSD-2023-119 on the agenda this date due to his relationship with the property owner. Accordingly, B. Santos did not participate in any discussion or vote regarding this matter.

3.2

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

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 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.

3.3

D. Gundrum - B 2023-011 & A 2023-038 – 131 St. George Street, DSD-2023-099

D. Gundrum declared a pecuniary interest with respect to consent application B 2023-011 and minor variance application A 2023-038 - 131 St. George Street, DSD-2023-099 on the agenda this date as he resides within the vicinity of the subject property. Accordingly, D. Gundrum did not participate in any discussion or vote regarding this matter.

3.4

S. Hannah - B 2023-011 & A 2023-038 – 131 St. George Street, DSD-2023-099

S. Hannah declared a pecuniary interest with respect to consent application B 2023-011 and minor variance application A 2023-038 - 131 St. George Street, DSD-2023-099 on the agenda this date due to a family member residing within the vicinity of the subject property. Accordingly, S. Hannah 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

A 2022-126 - 44 Rusholme Road, DSD-2023-119

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

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

Appearances:
In Support:

C. Wiebe

K. Darling

Contra:    

None.

Written Submissions:

C. Wiebe

C. Pidgeon

G. Levene

D. Eisenberg

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an interior side yard setback of 1.5m rather than the required 3.0m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-119, dated March 10, 2023, recommending approval as outlined in the report.

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

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

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

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of 2829591 ONTARIO INC requesting a minor variance to the Zoning By-law to permit an interior side yard setback of 1.5m rather than the required 3.0m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling, generally in accordance with the Site Plan drawings prepared by Gren Weis Architect and Associates, dated February 22, 2023, on Part Lot 13 and 14, Plan 352, 44 Rusholme Road, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

5.2

B 2022-057 - 193 Louisa Street (Amended), DSD-2023-098

B. Santos re-entered the meeting at this time.

Submission No.: B 2022-057
Applicants: Mohammad Gohari
Property Location: 193 Louisa Street
Legal Description: Part Lot 321, Plan 376

Appearances:
In Support:

M. Gohari

Contra:                  

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land to allow each half of an existing semi-detached dwelling to be dealt with independently. The severed land at the corner of Louisa Street and Weber Street will have a width of 13.18m, a depth ranging from 13.28m to 22.62m, and an area of 237.0sq.m. The retained parcel will have a width of 7.52m, a depth ranging from 22.62m to 27.94m, and an area of 190.0sq.m. Consent is also requested to create a servicing easement over Part 1 on the severed land in favour of the retained land, having a width of 4.5m, a length of 13.18m and an area of 59.3sq.m.

The Committee considered Development Services Department report DSD-2023-098, dated March 6, 2023, recommending approval with conditions as outlined in the report.

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

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

It was presented by staff and agreed by the Committee to amend Condition 15 proposed by the Region of Waterloo as outlined in the report DSD-2023-098, of the Committee’s decision this date, to replace it with the following:

15. That the property owner shall enter into an agreement between the property owner and the Region of Waterloo, to the satisfaction of the Region of Waterloo, registered on title for both the retained and severed lands that includes the requirement for the following warning clauses in all agreements of Offers of Purchase and sale/lease/rental agreements:

i) “Purchases/tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP).

ii) “Warning: Region of Waterloo/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.”

Moved by D. Gundrum

Seconded by B. Santos 

• That the application of MOHAMMAD GOHARI requesting consent to sever a parcel of land to allow each half of an existing semi-detached dwelling to be dealt with independently. The severed land at the corner of Louisa Street and Weber Street will have a width of 13.18m, a depth ranging from 13.28m to 22.62m, and an area of 237.0sq.m. The retained parcel will have a width of 7.52m, a depth ranging from 22.62m to 27.94m, and an area of 190.0sq.m. Consent is also requested to create a servicing easement over Part 1 on the severed land in favour of the retained land, having a width of 13.18m, a length of 4.5m and an area of 59.3sq, on Part Lot 321, Plan 376, 193 Louisa Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications:

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

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

   

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

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

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

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

  13. That the property owner shall apply for and obtain the required access permit(s) to the satisfaction of the Region of Waterloo.    

  14. That the property owner shall apply for and obtain approval of a Regional Work Permit from Regional Corridor Management Division of any works within or abutting the Region’s Road right-of-way and Region of Waterloo Railway Corridor.

  15. That the property owner shall enter into an agreement between the property owner and the Region of Waterloo, to the satisfaction of the Region of Waterloo, registered on title for both the retained and severed lands that includes the requirement for the following warning clauses in all agreements of Offers of Purchase and sale/lease/rental agreements:

  i) “Purchases/tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP).

  ii) “Warning: Region of Waterloo/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

6.

NEW BUSINESS

6.1

A 2023-024 & A 2023-025 - 271 & 273 Hartwood Avenue, DSD-2023-122

Submission No.: A 2023-024
Applicants: Bojan & Nikola Karanovic
Property Location: 271 & 273 Hartwood Avenue
Legal Description: Part Lot 101, Plan 806; being Part 1 on Reference Plan 58R-21576

Appearances:
In Support:

B. Karanovic

Contra:            

M. Corry

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a driveway with an attached garage for a semi-detached dwelling to have a width of 5.2m rather than the maximum permitted 3.0m (40% of the lot width).

The Committee considered Development Services Department report DSD-2023-122, dated March 10, 2023, recommending refusal 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.

B. Karanovic was in attendance in opposition to the staff recommendation. 

M. Corry was in attendance in support of the staff recommendation and was of the opinion that the conversion of the front yard into a parking lot is a significant detraction from the neighborhood design characteristics. M. Corry also noted water drainage would be limited only to storm sewers and items for garbage collection, as well, snow removal would require encroachment onto neighbouring properties. In response, B. Karanovic noted the subject property is regulated by both Zoning By-law 85-1 and 2019-051, and the driveways were constructed with consideration for both by-laws. B. Karanovic also cited safety concerns with the current parking configuration; some cars vacate the driveway and block a lane in the street, to create sufficient space for other cars to exit driveway. 

In response to questions from the Committee, T. Malone-Wright noted, at the time the dwelling was constructed, both Zoning By-law 85-1 and 2019-051 were in effect, however, the most restrictive by-law (2019-051) determined the permitted driveway size which is a single driveway.

S. Hannah was of the opinion that the proposed variance is not in aligned with the neighbourhood design characteristics.

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

Moved by S. Hannah

Seconded by D. Gundrum

• Submission No. A 2023-024

  That the application of BOJAN KARANOVIC requesting a minor variance to the Zoning By-law to permit a driveway with an attached garage for a semi-detached dwelling to have a width of 5.2m rather than the maximum permitted 3.0m (40% of the lot width), on Part Lot 101, Plan 806; being Part 1 on Reference Plan 58R-21576, 271 Hartwood Avenue, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

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

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

  Carried
• Submission No. 2023-025

  That the application of NIKOLA KARANOVIC requesting a minor variance to the Zoning By-law to permit a driveway with an attached garage for a semi-detached dwelling to have a width of 5.2m rather than the maximum permitted 3.0m (40% of the lot width), on Part Lot 101, Plan 806; being Part 1 on Reference Plan 58R-21576, 273 Hartwood Avenue, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

  1. The variances requested in this application are not minor.
  2. This application is not desirable for the appropriate development of the property.
  3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan would not be 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 2023-026 - 74 Boehmer Street, DSD-2023-105

Submission No.: A 2023-026
Applicants: Akshat Chowdhary & Harsimran Kaur
Property Location: 74 Boehmer Street
Legal Description: Lot 1, Plan 318

Appearances:
In Support:

S. Head

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit the conversion of the existing detached garage into an Additional Dwelling Unit (ADU) (Detached) to be located 0.5m from the rear lot line rather than the required 0.6m, an area of 391sq.m rather than the required 395sq.m; and, a width of 11.9m rather than required 13.1m.

The Committee considered Development Services Department report DSD-2023-105, dated March 15, 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.

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

Moved by D. Gundrum

Seconded by B. Santos 

• That the application of AKSHAT CHOWDHARY and HARSIMRAN KAUR requesting a minor variance to the Zoning By-law to permit the conversion of the existing detached garage into an Additional Dwelling Unit (ADU) (Detached) to be located 0.5m from the rear lot line rather than the required 0.6m, an area of 391sq.m rather than the required 395sq.m; and, a width of 11.9m rather than required 13.1m, in accordance with drawings prepared by Dryden Smith & Head, dated January 12, 2023, on Lot 1, Plan 318, 74 Boehmer 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 2023-027 - 289-295 Sheldon Avenue North, DSD-2023-110

Submission No.: A 2023-027
Applicants: 2843837 Ontario Inc.
Property Location: 289-295 Sheldon Avenue North
Legal Description: Part Lot 180, Plan 651

Appearances:
In Support:

C. Matson

J. Scarfone

Contra:                      

None.

Written Submissions:

A. Hawkins

A. Hawkins

A. & S. Reeves

D. Machmueller

G. Manos

The Committee was advised the applicant requested a minor variance to the Zoning By-Law to permit a southerly interior side yard setback of 2.55m rather than the required 3.0m; and, a Floor Space Ratio of 0.75 rather than the permitted 0.6, to facilitate the construction of two multi-residential buildings each containing 20 units. The two existing dwellings are proposed to be demolished.

The Committee considered Development Services Department report DSD-2023-110, 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.

C. Matson and J. Scarfone were in attendance in support of the staff recommendation. 

In response to questions from the Committee, J. Scarfone noted a noise study will be conducted through the condominium application.

Moved by B. Santos

Seconded by D. Gundrum

• That the application of 2843837 ONTARIO INC requesting a minor variance to the Zoning By-Law to permit a southerly interior side yard setback of 2.55m rather than the required 3.0m; and, a Floor Space Ratio of 0.75 rather than the permitted 0.6, to facilitate the construction of two multi-residential buildings each containing 20 units. The two existing dwellings are proposed to be demolished, in accordance with Site Plan Application SP22/132/S/TS, dated October 12, 2022, on Part Lot 180, Plan 651, 289-295 Sheldon Avenue North, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.4

A 2023-028 - 1005 Ottawa Street North, DSD-2023-117

Submission No.: A 2023-028
Applicants: First Capital (Kitchener) Corporation
Property Location: 1005 Ottawa Street North
Legal Description: Part Block E & F, Plan 1170; being Parts 1 & 2 on Reference Plan 58R-3606

Appearances:
In Support:

E. Sugden

Contra:                      

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit 0 Class A bicycle stalls rather than the required 7 Class A bicycle stalls; and, a landscaped area of 11.4% rather than the required 20%, to facilitate the redevelopment of Stanley Park Mall with a new Canadian Tire store.

The Committee considered Development Services Department report DSD-2023-117, 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.

E. Sugden was in attendance in support of the staff recommendation. In response to questions from the Committee, it was noted that Class B bicycle parking will be provided at the proposed development.

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

Moved by B. Santos 

Seconded by D. Gundrum

• That the application of FIRST CAPITAL (KITCHENER) CORPORATION requesting a minor variance to the Zoning By-law to permit 0 Class A bicycle stalls rather than the required 7 Class A bicycle stalls; and, a landscaped area of 11.4% rather than the required 20%, to facilitate the redevelopment of Stanley Park Mall with a new Canadian Tire store, generally in accordance with Site Plan Application SP22/088/O/LT, on Part Block E & F, Plan 1170; being Parts 1 & 2 on Reference Plan 58R-3606, in accordance with Site Plan Application SP22/088/O/LT, Plan 1170, 1005 Ottawa 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

6.5

A 2023-029 - 57 Barbara Crescent, DSD-2023-108

Submission No.: A 2023-029
Applicants: 2611601 Ontario Inc.
Property Location: 57 Barbara Crescent
Legal Description: Part Lot 17, Plan 702; being Part 1 on Reference Plan 58R-21126

Appearances:
In Support:

J. Hale

Contra:        

J. Hale

Written Submissions:

D. Vukovic

T. Ferguson

T. Kondo

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) on a lot having an area of 344.9sq.m rather than the required 395.0sq.m; and, on a lot having a width of 9.4m rather than the required 13.1m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of a duplex dwelling.

The Committee considered Development Services Department report DSD-2023-108, dated March 15, 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.

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

Moved by D. Gundrum

Seconded by S. Hannah

• That the application of 2611601 ONTARIO INC requesting a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) on a lot having an area of 344.9sq.m rather than the required 395.0sq.m; and, on a lot having a width of 9.4m rather than the required 13.1m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of a duplex dwelling, on Part Lot 17, Plan 702; being Part 1 on Reference Plan 58R-21126, in accordance with drawings prepared by ACI Survey Consultants, dated December 16, 2020, 57 Barbara 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

6.6

A 2023-030 - 59 Barbara Crescent, DSD-2023-108

Submission No.: A 2023-030
Applicants: 2611601 Ontario Inc.
Property Location: 59 Barbara Crescent
Legal Description: Part 17, Plan 702; being Part 2 on Reference Plan 58R-21126

Appearances:
In Support:

J. Hale

Contra:                        

None.

Written Submissions:

D. Vujovic

T. Ferguson

T. Kondo

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) on a lot having an area of 344.9sq.m rather than the required 395.0sq.m; and, on a lot having a width of 9.4m rather than the required 13.1m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of a duplex dwelling.

The Committee considered Development Services Department report DSD-2023-108, dated March 15, 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.

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

Moved by D. Gundrum

Seconded by S. Hannah

• That the application of 2611601 ONTARIO INC requesting a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) on a lot having an area of 344.9sq.m rather than the required 395.0sq.m; and, on a lot having a width of 9.4m rather than the required 13.1m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of a duplex dwelling, on Part 17, Plan 702; being Part 2 on Reference Plan 58R-21126, in accordance with drawings prepared ACI Survey Consultants, dated December 16, 2020, 59 Barbara 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

6.7

A 2023-031 - 299 Newbury Drive, DSD-2023-100

Submission No.: A 2023-031
Applicants: Gordon & Rebecca Thompson
Property Location: 299 Newbury Drive
Legal Description: Lot 20, Plan 1701

Appearances:
In Support:

G. Thompson

Contra:                      

None.

Written Submissions:

K. Sequeira

R. Dsouza

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a required parking space to be located 2.1m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing single detached dwelling into a duplex dwelling.

The Committee considered Development Services Department report DSD-2023-100, 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.

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

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of GORDON THOMPSON and REBECCA THOMPSON requesting a minor variance to the Zoning By-law to permit a required parking space to be located 2.1m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing single detached dwelling into a duplex dwelling, in accordance with the drawings prepared by Peter Ciuciura, dated January 31, 2023, on Lot 20, Plan 1701, 299 Newbury 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

6.8

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. In response to questions from the Committee, A. Templeton noted, it was uncertain whether the front façade of the garage would be modified with a second pedestrian entrance.

In response to questions from the Committee, T. Malone-Wright confirmed the property is regulated by Zoning by-law 85-1 which does not permit two pedestrian entrances on the front façade of a dwelling unit. As such, the applicant would need to request permission for an additional minor variance, if it is their intent to construct an additional pedestrian entrance.

The Committee indicated detailed internal plans should have been provided with the application. 

The applicant requested that the Committee defer consideration of the application, to allow an opportunity to determine whether a second pedestrian will be required.

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, German Company Tract; being Part 3 on Reference Plan 58R-5221, 22 Hebel Place, Kitchener, Ontario, BE DEFERRED until May 16, 2023, to allow an opportunity for the applicant to provide internal floor plans and, to provide a revised application, if it is determined that an additional pedestrian will be constructed on the front façade of the garage.

  Carried

6.9

A 2023-033 - 364 Wellington Street North, DSD-2023-138

Submission No.: A 2023-033
Applicants: Harold & Jeanne Reed
Property Location: 364 Wellington Street North
Legal Description: Lot 23, Plan 125

Appearances:
In Support:

M. Reed

Contra:     

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a triplex on a lot having a width of 12.1m rather than the required 13.1m; and, to permit the driveway to be comprised of concrete and grass rather than material that is consistent throughout the driveway, and material distinguishable from all other ground cover or surfacing including landscaping or walkways, to facilitate the conversion of a single detached dwelling into a triplex. 

The Committee considered Development Services Department report DSD-2023-138, dated February 28, 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, 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.

M. Reed was in attendance in support of the staff recommendation and requested that the Committee omit conditions 1 and 2 proposed by Metrolinx as it is an unnecessary and onerous process.

The Committee discussed and agreed to remove conditions 1 and 2 as outlined in the report DSD-2023-138, of the Committee's decision this date and further, that the Committee decision be amended to specifically refer to the existing dwelling as a two-unit dwelling.

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of HAROLD EMERSON MICHAEL REED and JEANNE LOUISE REED requesting a minor variance to the Zoning By-law to permit a lot having a width of 12.1m rather than the required 13.1m; and, to permit the driveway to be comprised of concrete and grass rather than material that is consistent throughout the driveway, and material distinguishable from all other ground cover or surfacing including landscaping or walkways, to facilitate the conversion of an existing single detached dwelling (Duplex) into a triplex, in accordance with drawings prepared by Mike Reed dated February 2, 2023, on Lot 23, Plan 125, Part 1, 364 Wellington 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

6.10

A 2023-034 - 106 Chandler Drive, DSD-2023-115

Submission No.: A 2023-034
Applicants: Emmanuel Teixeira
Property Location: 106 Chandler Drive
Legal Description: Lot 18, Plan 1270

Appearances:
In Support:

C. Fernandes

Contra:            

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a lot width of 16.15m rather than the required 19.0m; and, a front yard setback of 5.6m rather than the required 8.63m, to facilitate the addition of 3 dwelling units to the existing 3-unit multiple dwelling, having a total of 6 dwelling units.

The Committee considered Development Services Department report DSD-2023-115, dated March 10, 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.

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

Moved by S. Hannah 

Seconded by D. Gundrum

• That the application of EMMANUEL ROBERTO TEIXEIRA requesting a minor variance to the Zoning By-law to permit a lot width of 16.15m rather than the required 19.0m; and, a front yard setback of 5.6m rather than the required 8.63m, to facilitate the addition of 3 dwelling units to the existing 3-unit multiple dwelling, having a total of 6 dwelling units, generally in accordance with drawings prepared by Jackman Construction, dated October 13, 2022, on Lot 18, Plan 1270, 106 Chandler Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.11

A 2023-035 - 12 Orchard Mill Crescent, DSD-2023-103

Submission No.: A 2023-035
Applicants: Dinesh & Ekta Gupta
Property Location: 12 Orchard Mill Crescent
Legal Description: Lot 16, Plan 1472

Appearances:
In Support:

D. Gupta

M. Shah

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 2.4m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing single detached dwelling into a duplex dwelling.

The Committee considered Development Services Department report DSD-2023-103, 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.

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

Moved by B. Santos 

Seconded by D. Gundrum

• That the application of DINESH KUMAR GUPTA and EKTA GUPTA requesting a minor variance to the Zoning By-law 85-1 to permit a required parking space to be located 2.4m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing single detached dwelling into a duplex dwelling, in accordance with the drawings prepared by Blue Prints Permit, dated January 12, 2023, on Lot 16, Plan 1472, 12 Orchard Mill 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

6.12

A 2023-036 - 183 Ottawa Street South, DSD-2023-106

Submission No.: A 2023-036
Applicants: Anthony Radovic
Property Location: 183 Ottawa Street South
Legal Description: Lot 239, Plan 262

Appearances:
In Support:

R. Rogan

Contra:        

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an 8-unit multiple unit dwelling to have a parking requirement of 0 rather than the required 10 parking spaces and to permit 0 visitor parking spaces rather than the required 2 parking spaces.

The Committee considered Development Services Department report DSD-2023-106, dated March 15, 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.

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

In response to questions from the Committee, T. Malone-Wright noted the existing parking space is proposed to be converted into Class A Bicycle parking.

Moved by D. Gundrum

Seconded by S. Hannah

• That the application of ANTHONY ERWIN RADOVIC requesting a minor variance to the Zoning By-law 85-1 to permit an 8-unit multiple unit dwelling to have a parking requirement of 0 rather than the required 10 parking spaces and to permit 0 visitor parking spaces rather than the required 2 parking spaces, in accordance with drawings prepared by Rogan Home Design, dated January 18, 2022, on Lot 239, Plan 262, 183 Ottawa Street South, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.13

B 2023-007 - 60 Third Avenue, DSD-2023-118

Submission No.: B 2023-007
Applicants: Zoran Bogunovic
Property Location: 60 Third Avenue
Legal Description: Part Lot 36, 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 9.6m, a depth of 40.0m, an area of 384.2sq.m.. The retained land will have a width of 9.6m, a depth of 40.0m, and an area of 384.5sq.m. Both parcels will continue to be a residential use, the retained land with the existing detached dwelling, the severed land is proposed for a residential duplex dwelling.

The Committee considered Development Services Department report DSD-2023-118, dated March 8, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 15, 2023, advising they have no concerns with the subject application, subject to the conditions as outlined in the report. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 6, 2023, advising they have no concerns with the subject application.

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

The Committee was of the opinion that the subject property is a considerable distance from roads that exceed sound level limits due to increased road traffic.

The Committee discussed and agreed to remove condition 13 proposed by the Region of Waterloo as outlined in the report DSD-2023-118, of the Committee’s decision this date.

Moved by B. Santos 

Seconded by S. Hannah

• That the application of ZORAN BOGUNOVIC requesting consent to sever a parcel of land having a width of 9.6m, a depth of 40.0m, an area of 384.2 sq.m., on Part Lot 36, Plan 254, 60 Third 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:

  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.

  5. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.

  6. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.

  7. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services.

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

  9. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services.  If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.

  10. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.

  11. That the property owner shall fulfill one of the following two requirements to ensure that any City-owned tree will not be impacted by the proposed development:

  a) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:

  i) That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City’s Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/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 Director Parks and Cemeteries.

  ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director Parks and Cemeteries.

  iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.

  OR

  b) That the property owner shall make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City’s Director of Parks and Cemeteries.

  12. 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

6.14

B 2023-008 to 009 - 241-243 Victoria Street South, DSD-2023-126

Submission No.: B 2023-008 to 009
Applicants: Willowside Housing Co-Operative Inc.
Property Location: 241-243 Victoria Street South
Legal Description: Part Lot 552, Plan 378

Appearances:
In Support:

S. Patterson

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 9.4m along Victoria Street South, a depth of 41.4m, an area of 389.3sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 239 Victoria Street South. Consent is also requested to create an easement on the retained lands, having a width of 13.1m along Victoria Street South, a depth of 41.4m, an area of 545.2sq.m and will provide access to the adjacent property municipally addressed as 239 Victoria Street South.

The Committee considered Development Services Department report DSD-2023-126, dated March 8, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated 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, subject to the conditions as outlined in the report.

S. Patterson was in attendance in support of the staff recommendation. In response to questions from the Committee, S. Patterson noted an access easement is required for 239 Victoria Street South as a Site Plan application for a proposed a 6-storey residential apartment on 239 and 235 Victoria Street South has been submitted. The requested easement through the conveyed lands is to permit access to underground parking at the proposed development and further, approval of the Site Plan application is subject to the approval of the requested easement.

Moved by S. Hannah 

Seconded by B. Santos

• Submission No. B 2023-008

  That the application of WILLOWSIDE HOUSING CO-OPERATIVE INC requesting consent to sever a parcel of land having a width of 9.4m along Victoria Street South, a depth of 41.4m, an area of 389.3sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 239 Victoria Street South, on Part Lot 552, Plan 378, 241-243 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That property owner shall ensure that the lands to be severed be added to the abutting lands, municipally addressed as 239 Victoria Street South and title be taken into identical ownership as the abutting lands. The deed endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Section 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c.P.13, as amended.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) 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 size 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 make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  6. That the property owner shall make satisfactory financial arrangements to the Grand River Conservation Authority (GRCA) for the minor consent application review fee of $465.00.
  7. That the property owner shall submit a Stamp Plan B Site Plan Application to the satisfaction of the Director of Planning to update site plan for existing multiple dwelling development at 241-243 Victoria Street South.

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. B 2023-009

  That the application of WILLOWSIDE HOUSING CO-OPERATIVE INC requesting consent to grant an easement on the retained lands, having a width of 13.1m along Victoria Street South, a depth of 41.4m, an area of 545.2sq.m and will provide access to the adjacent property municipally addressed as 239 Victoria Street South, on Part Lot 552, Plan 378,  241-243 Victoria Street South, 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 the City Solicitor, if required. 
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s).  The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications:

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

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

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

  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 2023-012 - 160 Weber Street West, DSD-2023-081

Submission No.: B 2023-12
Applicants: White Star Treading and Investments Ltd.
Property Location: 160 Weber Street West
Legal Description: Part Lot 321 to 322, Plan 376

Appearances:
In Support:

J. Crummer

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 9.4m, a southerly depth of 41.3m, an area of 366sq.m. The retained land will have a width of 9.4m, a northerly depth of 27.9m and, an area of 295sq.m. Both parcels are intended to be constructed with detached dwellings.

The Committee considered Development Services Department report DSD-2023-081, dated March 2, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 15, 2023, advising they have no concerns with the subject application, subject to the conditions as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 2, 2023, advising they have no concerns with the subject application.

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

The Committee discussed and agreed to remove conditions 14 and 15 as outlined in the report DSD-2023-081;and, further include an additional condition as outlined below:

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.

i) Purchasers / tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP).

ii) Warning: Region of Waterloo / 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.”

Moved by S. Hannah 

Seconded by B. Santos

• That the application of WHITE STAR TRADING AND INVESTMENTS LTD requesting consent to sever a parcel of land having a width of 9.4m, a southerly depth of 41.3m, an area of 366sq.m., on Part Lot 321,to 322, Plan 376, 160 Weber Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener’s Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall obtain Demolition Control Approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Supervisor, Development Applications.
  5. That the property owner shall obtain a Demolition Permit, for the existing (single detached dwelling) proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement.
  6. 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.
  7. 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.
  8. 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.
  9. That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  10. 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.
  11. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $11,862.00 of the value of the lands to be severed. 
  12. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Supervisor, Site Plans, and registered on title of the severed and retained lands, which shall include the following:

  a) That the property owner shall 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. 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. No changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

  b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing, or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Supervisor, Site Plans.

  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 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.

  i) Purchasers / tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP).

  ii) Warning: Region of Waterloo / 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

6.16

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

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; being Part 2 of Reference Plan 58R-1423

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:

N. van Oyen

Contra:            

K. Lawson

J. 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

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 March 15, 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.

N. Banoya was in attendance in support of the staff recommendation.

K. Lawson was in attendance in opposition staff recommendation and noted the proposed the site does not preserve woodlands.  

J. Chapman was in attendance in opposition to the staff recommendation and requested the Committee defer consideration of the application, in order for the applicants to propose alternative locations for the building envelope where the removal of trees will not be required. In response, N. Banoya noted the proposed building envelope is subject to change due to approval of a future tree preservation plan that Staff deem most appropriate. As such, N. Banoya assured the Committee that a deferral is not required as appropriate tree preservation will be ensured through the future tree preservation plan. 

In response to questions from the Committee, T. Malone-Wright noted, Staff proposed a condition requiring the applicant to provide an updated tree preservation enhancement plan at the time building plans are known, to ensure there are minimal impact to trees on the subject development site. Further, grading and drainage would also be reviewed to ensure tree preservation. In terms of compatibility with the neighbourhood characteristics, T. Malone-Wright noted, severing the frontage of the property does not impact the streetscape.

The Committee discussed and agreed to defer consideration of the application to May 2023 to allow an opportunity for the applicant to provide alternatives to the lot fabrication and the location of the proposed building envelope.

Moved by B. Santos 

Seconded by D. Gundrum

• Submission No. 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. The retained land will have a width of 26.0m, a depth of 125.0m, and an area of 4,043sq.m, generally in accordance with drawings prepared by Van Harten Survey Inc, dated January 18, 2023, on  Part Lot 44, Plan 793; being Part 2 of Reference Plan 58R-1423, 709 Glasgow Street, Kitchener, Ontario, BE DEFERRED until May 16, 2023, to allow an opportunity for the applicant to provide alternatives to the lot fabrication and the location of the proposed building envelope.

  Carried
• Submission No. A 2023-037

  That the application of JOHN BRIAN GALLIVAN and SUSAN ELAINE HOMER requesting 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, generally in accordance with drawings prepared by Van Harten Survey Inc, dated January 18, 2023, on  Part Lot 44, Plan 793; being Part 2 of Reference Plan 58R-1423, 709 Glasgow Street, Kitchener, Ontario, BE DEFERRED until May 16, 2023, to allow an opportunity for the applicant to provide alternatives to the lot fabrication and the location of the proposed building envelope.

  Carried

6.17

B 2023-011 & A 2023-038 - 131 St. George Street , DSD-2023-099

Submission No.: B 2023-011 & A 2023-038
Applicants: Ilir Faikovski
Property Location: 131 St. George Street
Legal Description: Part Lot 16, Plan 390

D. Gundrum and S. Hannah did not participate in any discussion or vote regarding this matter due to their previously declared conflicts. D. Gundrum and S. Hannah left the meeting at this time. 

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

Appearances:
In Support:

J. Crummer

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 11.0m along St. George Street, a depth of 23.7m, and an area of 263.6sq.m. The retained parcel will have a width of 12.8m along Cedar Street, a depth of 21.9m, an area of 280.9sq.m and will contain the existing single detached dwelling municipally addressed as 131 St. George Street. In addition, a minor variance to the Zoning By-law is requested, to permit the existing dwelling to have a rear yard setback of 6.3m rather than the required 7.5m. 

The Committee considered Development Services Department report DSD-2023-099, dated March 7, 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.

J. Crummer was in attendance in support of the staff recommendation and requested that the Committee omit condition 12 as outlined in the Staff Report for application B 2023-011 as this condition requires a tree preservation and enhancement plan where there are no trees on the subject property. In response, T. Malone-Wright noted this condition addresses potential damage to trees on neighbouring properties as a result of development at the subject site.  

Moved by B. Santos 

Seconded by D. Pateman

• Submission No. B 2023-011

   

  That the application of ILIR FAIKOVSKI requesting consent to sever a parcel of land having a width of 11.0m along St. George Street, a depth of 23.7m, and an area of 263.6sq.m., on Part Lot 16, Plan 390, 131 St. George Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A 2023-038 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 Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
  4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Service
  6. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  7. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services.
  8. That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  9. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services.  If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services. 
  10. That the property owner shall:

  a) Complete a Building Code Assessment for the existing dwelling proposed to be retained on the retained parcel of land, prepared by a qualified person, to confirm that the proposed property line 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.

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

  12. That the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Supervisor, Site Plans, and registered on title of the severed and retained lands, which shall include the following:

  a) That the property owner shall 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. 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. No changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

  b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Supervisor, Site Plans.

  13. 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
• Submission No. A 2023-038

   

  That the application of ILIR FAIKOVSKI requesting a minor variance to the Zoning By-law is requested, to permit the existing dwelling to have a rear yard setback of 6.3m rather than the required 7.5m, on Part Lot 16, Plan 390, 131 St. George 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

6.18

B 2023-013 to 015 & A 2023-039 - 137 Queen Street South, DSD-2023-123

Submission No.: B 2023-013 to 015 & A 2023-039
Applicants: St. Paul's Evangelical Lutheran Church
Property Location: 137 Queen Street South
Legal Description: Part Lot 6 & 7, Plan 394

D. Gundrum and S. Hannah re-entered the meeting at this time. 

Appearances:
In Support:

H. Price	M. Bolan
P. Maxwell	M. Maxwell
J. Lavallee	S. Ritter
D. Kotewicz

 

Contra:                      

J. Heidinga	M. Leonard
M. Kowalski	S. Mitchell
H. Lee	F. Campbell
A. Heidinga	W. Brock

Written Submissions:

S. Prasad

J. Heidinga

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 16.3m along Queen Street South, a depth of 27.0m and an area of 440.6sq.m and will contain an existing dwelling municipally addressed as 149 Queen Street South (B 2023-013 - Parcel B on the application). Consent is also requested to sever an irregular shaped parcel of land having a width of 7.4m along Queen Street South, an approximate depth of 60.0m, an area of 1,663.5sq.m and is proposed for an affordable housing development (B 2023-014 - Parcel C on the application). The retained parcel (Parcel A on the application) will have a width of 29.4m along Queen Street South, a depth of 47.0m and an area of 1,935.9sq.m and will contain an existing building, St. Paul's Church, municipally addressed as 137 Queen Street South. Consent is also requested to create two easements over the severed lands (Parcel B) for parking and access; Easement 1 at the rear of the property is in favour of 137 Queen Street South and will have a width of 12.0m, a length of 36.7m and an area of 440sq.m; Easement 2  at the front of the property is in favour of 137 and 149 Queen Street South having a width 7.5m on Queen Street South, a length of 27.0m and an area of 203 sq.m. Consent is also requested to create an easement on the retained land, Easement 3 in favour of Parcel C having  a width of 3.2m, a length of 24.4m and an area of 78.0sq.m, for parking and access. Lastly, a minor variance to the Zoning By-law is being requested to provide 0 parking spaces rather than the required 37 parking spaces, to facilitate the severance of lands for an affordable housing development on Parcel C.

The Committee considered Development Services Department report DSD-2023-123, dated March 13, 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.

J. Heidinga was in attendance in opposition of the staff recommendation expressing concerns with shadowing and the impacts on the retirement residence within the vicinity of the proposed development. 

M. Bolan, H. Price, and P. Maxwell were in attendance in support of the staff recommendation. P. Maxell noted, financing for the proposed affordable housing development requires that the property be severed.

In response to questions from the Committee, H. Price confirmed underground parking would be provided at the proposed development however, the church will only have to access this parking space.

It was presented by staff and agreed by the Committee to amend the staff recommendation as outlined in the report DSD-2023-123, of the Committee’s decision this date with the following:

• Revising the clerical error related to the application number, B 2023-013, recommendation B. It was noted in Condition 4a) that the existing dwelling is proposed to be retained parcel of land rather than the severed parcel of land.
• Replace Condition 4b) related to the application number, B 2023-013, recommendation B to state: submit a ‘Letter of Undertaking’ to agree to obtain a Building Permit for any remedial work/ upgrades required by the Building Code Assessment.
• Revising the clerical error related to recommendation C. It was noted as application B 2023-015 rather than B 2023-014.
• Omit the following conditions from recommendation C: 2, 6, 7, 8, 9, 11 and 12.
• Add the following conditions to recommendation C: 
  • 2. That the property owner shall

a) complete a Building Code Assessment for the existing church building(s) proposed on the 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 buidings’ wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results.

b) Submit a ‘Letter of Undertaking’ to the satisfaction of the Chief Building Official to agree to obtain a Building Permit for any remedial work/upgrades required by the Building Code Assessment.

• • 7. That the property owner shall enter into an agreement with the Region of Waterloo, to be registered on title for the severed 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:

i) Purchasers/tenants are advised that due to the proximity of the adjacent commercial uses, noise from these uses may at times be audible.

ii) Purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity; and any potential stationary noise sources in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP).

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

Moved by S. Hannah 

Seconded by B. Santos 

• Submission No. B 2023-013

   

  That the application of ST PAULS LUTHERAN CHURCH requesting consent to sever a parcel of land having a width of 16.3m along Queen Street South, a depth of 27.0m and an area of 440.6sq.m and will contain an existing dwelling municipally addressed as 149 Queen Street South (B 2023-013 - Parcel B on the application), on Part Lot 6 & 7, Plan 394, 137 Queen Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Security-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:

  a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the severed 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) submit a ‘Letter of Undertaking’ to agree to obtain a Building Permit for any remedial work/ upgrades required by the Building Code Assessment.

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. B 2023-014

   

  That the application of ST PAULS LUTHERAN CHURCH requesting consent to sever an irregular shaped parcel of land, identified as Parcel ‘C’ on the application, having a width of 7.4m along Queen Street South, an approximate depth of 60.0m, an area of 1,663.5sq.m to create two easements over the severed lands (Parcel B) for parking and access; Easement 1 at the rear of the property is in favour of 137 Queen Street South and will have a width of 12.0m, a length of 36.7m and an area of 440sq.m; Easement 2  at the front of the property is in favour of 137 and 149 Queen Street South having a width 7.5m on Queen Street South, a length of 27.0m and an area of 203 sq.m., on Part Lot 6 & 7, Plan 394, 137 Queen Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A 2023-039 receives final approval.
  2. That the property owner shall:

  a) complete a Building Code Assessment for the existing church building(s) proposed on the 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 buidings’ wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results.

  b) Submit a ‘Letter of Undertaking’ to the satisfaction of the Chief Building Official to agree to obtain a Building Permit for any remedial work/upgrades required by the Building Code Assessment.

  3. 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. 

  4. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.

  5. 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 (Mirostation) 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. 

  6. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor:

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

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

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

  7. That the property owner shall enter into an agreement with the Region of Waterloo, to be registered on title for the severed 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:

  i) Purchasers/tenants are advised that due to the proximity of the adjacent commercial uses, noise from these uses may at times be audible.

  ii) Purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity; and any potential stationary noise sources in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP).

  8. 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
• Submission No. B 2023-015

   

  That the application of ST PAULS LUTHERAN CHURCH requesting consent to create an easement on the retained land, identified as Easement 3 on the plan submitted with the application in favour of Parcel C, having a width of 3.2m, a length of 24.4m and an area of 78.0sq.m, for parking and access, on Part Lot 6 & 7, Plan 394, 137 Queen Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1.     That the Transfer Easement document(s) required to create the Easement(s) being   approved herein shall include the following and shall be approved by the City Solicitor:

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

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

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

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. A 2023-039

   

  That the application of ST PAULS LUTHERAN CHURCH requesting a minor variance to the Zoning By-law 85-1, is being requested to provide 0 parking spaces rather than the required 37 parking spaces, to facilitate the severance of lands for an affordable housing development on Parcel C, on Part Lot 6 & 7, Plan 394, 137 Queen Street South, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

   

  Carried

7.

ADJOURNMENT

On motion, the meeting adjourned at 12:36 p.m.

 

Marilyn Mills

Secretary-Treasurer