Committee of Adjustment

Committee Minutes

Tuesday, September 19, 2023 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• D. Pateman
• S. Hannah
• B. McColl

Staff:

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

---

1.

COMMENCEMENT

2.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held August 15, 2023, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

4.

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

5.

UNFINISHED BUSINESS

5.1

A 2023-080 - 15 Dellroy Avenue, DSD-2023-396

Submission No.: A 2023-080
Applicant: Savic Homes
Property Location: 15 Dellroy Avenue
Legal Description: Lot 104 to 107, Plan 307, Part Lot 130 to 135, Closed Street and Lanes; save and except Part 2, Part 3 and Part 13 on Reference Plan 58R-11552

Appearances:
In Support:

N. Savic

Contra:  

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to facilitate the construction an 18-storey mixed-use building with residential and commercial uses having a front yard setback of 1.0m rather than the required 3.0m, a northerly side yard setback of 0.0m for covered bike parking rather than the required 4.5m; to permit 0.6 parking spaces per dwelling unit rather than the required 1 parking space per dwelling unit, and 0.08 visitor parking spaces per dwelling unit rather than the required 0.10 visitor parking spaces per dwelling unit; to permit support columns to encroach into the Driveway Visibility Triangles (DVT) abutting Weber Street East, whereas the By-law does not permit encroachments into the DVT; to permit the second floor of the proposed building to encroach into a DVT whereas the Zoning By-law does not permit obstructions within a DVT, except for objects 0.9m or less in height from the ground or objects higher than 5.0m in height from the ground; and, to permit parking spaces and drive aisles to be located on the ground floor of a multiple dwelling building not entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade whereas the Zoning By-law requires that all parking spaces and drive aisles on the ground floor of a multiple dwelling building be located entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade.

The Committee considered Development Services Department report DSD-2023-396, dated September 6, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they do not support the subject application.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 29, 2023, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by B. McColl

• That the application of 2296342 ONTARIO INC requesting a minor variance to the Zoning By-law to facilitate the construction an 18-storey mixed-use building with residential and commercial uses having a front yard setback of 1.0m rather than the required 3.0m, a northerly side yard setback of 0.0m for covered bike parking rather than the required 4.5m; to permit 0.6 parking spaces per dwelling unit rather than the required 1 parking space per dwelling unit, and 0.08 visitor parking spaces per dwelling unit rather than the required 0.10 visitor parking spaces per dwelling unit; to permit support columns to encroach into the Driveway Visibility Triangles (DVT) abutting Weber Street East, whereas the By-law does not permit encroachments into the DVT; to permit the second floor of the proposed building to encroach into a DVT whereas the Zoning By-law does not permit obstructions within a DVT, except for objects 0.9m or less in height from the ground or objects higher than 5.0m in height from the ground; and, to permit parking spaces and drive aisles to be located on the ground floor of a multiple dwelling building not entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade whereas the Zoning By-law requires that all parking spaces and drive aisles on the ground floor of a multiple dwelling building be located entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade, in accordance with Site Plan Application SP22/158/D/BB, on Lot 104 to 107, Plan 307, Part Lot 130 to 135, Closed Street and Lanes; save and except Part 2, Part 3 and Part 13 on Reference Plan 58R-11552, 15 Dellroy Avenue, 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

A 2023-100 - 332 Prospect Avenue, DSD-2023-342

Submission No.: A 2023-100
Applicant: Vladan Knezevic
Property Location: 332 Prospect Avenue
Legal Description: Part Lot 15, Plan 943; being Part 2 on Reference Plan 58R-19428

Appearances:
In Support:

V. Knezevic

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to the Zoning By-law to permit a rear yard setback of 4.6m rather than the required 7.5m to facilitate the construction of a new single detached dwelling.

The Committee considered Development Services Department report DSD-2023-342, dated July 28, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 25, 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 July 27, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee, V. Knezevic confirmed the proposed single detached dwelling is intended to have a single-door garage.

A motion was brought forward by S. Hannah to approve the staff recommendation as outlined in report DSD-2023-342, including an amendment to provide additional clarification that the minor variance requested is to permit a rear yard setback of "4.6m from the northwest corner of the proposed building and 6.9m from the northeast corner of the proposed building rather than the required 7.5m," to facilitate the construction of a new single detached dwelling.

The following motion including the amendment was then voted on.

Moved by S. Hannah

Seconded by B. McColl

• That the application of VLADAN KNEZEVIC requesting a minor variance to the Zoning By-law to permit a rear yard setback of 4.6m from the northwest corner of the proposed building and 6.9m from the northeast corner of the proposed building rather than the required 7.5m  to facilitate the construction of a new single detached dwelling, generally in accordance with drawings prepared by Bobicon Ltd., dated June 28, 2023, on Part Lot 15, Plan 943; being Part 2 on Reference Plan 58R-19428, 332 Prospect Avenue, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.

NEW BUSINESS

6.1

A 2023-104 – 254 Westwood Drive, DSD-2023-391

Submission No.: A 2023-104
Applicants: Magdalena & Adrian Duma
Property Location: 254 Westwood Drive
Legal Description: Lot 69, Plan 1273

Appearances:
In Support:

M. & A. Duma

Contra:              

        None.

Written Submissions:

K. Stone-Mason

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a required parking space to be located 2.6m from the front lot line rather than the minimum required 6m, to facilitate the conversion of an existing Single Detached Dwelling into a Duplex.

The Committee considered Development Services Department report DSD-2023-391, dated September 6, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

M. & A. Duma were in attendance in support of the staff recommendation.

In response to questions from the Committee, staff noted the driveway is currently under construction, and will be completed in accordance with the site plan.

M. Duma noted in response to questions from the Committee, all construction currently in process on the property has been performed with the necessary authorizations, and confirmed a second unit does not currently exist on the subject property.

Moved by S. Hannah 

Seconded by B. McColl

• That the application of ADRIAN DUMA and MAGDALENA DUMA requesting a minor variance to the Zoning By-law to permit a required parking space to be located 2.6m from the front lot line rather than the minimum required 6m, to facilitate the conversion of an existing Single Detached Dwelling into a Duplex, on Lot 69, Plan 1273, 254 Westwood Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.2

A 2023-105 – 120 Rossford Crescent, DSD-2023-407

Submission No.: A 2023-105
Applicants: Michael Burgoyne & Meghan Brenner
Property Location: 120 Rossford Crescent
Legal Description: Lot 225, Plan 1295

Appearances:
In Support:

M. Burgoyne

Contra:      

                    None.

Written Submissions:

None.

The Committee was advised the applicant requested minor variances to the Zoning By-law to permit a lot to have the width of 10.7m rather than the minimum required 13.1m; and, to permit a building used for dwelling units to be setback 19m from the lot line of the active railway right-of-way for a Principal line, rather than the minimum required 30m to facilitate the conversion of the existing single detached dwelling with 1 Additional Dwelling Unit (ADU) (attached)  to a single detached dwelling with 2 Additional Dwelling Unit (ADU) (attached).

The Committee considered Development Services Department report DSD-2023-407, dated September 6, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee surrounding the Canadian National Railway Company written submission, T. Malone-Wright noted comments were received on September 6, 2023 stating the Canadian National Railway Company does not recommend any safety setback lesser than 30m from the rail right-of-way, unless a crash barrier is constructed along the railway right-of-way. Staff noted a revised submission was received from the Canadian National Railway Company on September 18, 2023, requesting a 30m safety setback, and noting any reduction to the safety setback distance should be compensated with a safety berm or crash berm.

D. Pateman noted concern with the requirement of a warning clause from the Canadian National Railway Company for this application, and questioned the necessity of the clause. S. Hannah noted support for the inclusion of the warning clause due to the proximity of the railway for safety purposes, and to avoid the possibility of the committee's decision being appealed.

Moved by B. McColl

Seconded by S. Hannah

• That the application of MEGHAN LYNN BRENNER-BURGOYNE and MICHAEL SHANE BURGOYNE requesting a minor variance to the Zoning By-law to permit a lot to have the width of 10.7m rather than the minimum required 13.1m; and, to permit a building used for dwelling units to be setback 19m from the lot line of the active railway right-of-way for a Principal line, rather than the minimum required 30m to facilitate the conversion of the existing single detached dwelling with 1 Additional Dwelling Unit (ADU) (attached)  to a single detached dwelling with 2 Additional Dwelling Unit (ADU) (attached), generally in accordance with Site Plan prepared by Michael Burgoyne and Tim Brenner, dated November 2, 2023, on Lot 225, Plan 1295, 120 Rossford Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1.    That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the City Solicitor, to include the following warning clause in all agreements of Offers of Purchase or Sale, Deeds, or Rental/Lease Agreements of the building and/or dwelling units:

  “Warning: Canadian National Railway Company or its assigns or succors in interest as or have a rights-of-way within 300 metres from the land the subject hereof. 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 expansions 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 held 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. 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 2023-106 – 279 Sheldon Avenue North, DSD-2023-390

Submission No.: A 2023-106
Applicants: Amanda Hawkins, Allen Hawkins & Alfred Reeves
Property Location: 279 Sheldon Avenue North
Legal Description: Part Lot 180, Plan 651

Appearances:
In Support:

M. Kulesza

Contra:          

None.             

Written Submissions:

None.

The Committee was advised the applicant requested minor variances to the Zoning By-law to permit a minimum front yard of 4.2m rather than the required 5.6m, to permit architectural features to project into the minimum front yard to a maximum of 0.83m rather than the maximum permitted projection of 0.6m; to permit an attached private garage to project beyond the front façade of the habitable at grade portion of the dwelling unit, whereas the By-law does not permit an attached garage to project beyond the front façade; to permit a parking space within the carport to be 4.44m in length rather than the required length of 5.5m; to permit a parking space to be located within 6m from a street line; to permit an access ramp exceeding 0.6m above ground level to be located a minimum of 0.63m from the westerly interior side lot line rather than the required 0.75m to facilitate an access ramp along the westerly side of the existing single detached dwelling, to facilitate the construction of a carport and access ramp along the westerly side of the of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-390, dated September 13, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by S. Hannah

• That the application of ALFRED SIDNEY REEVES and ALLEN WALLACE HAWKINS and AMANDA LYNN HAWKINS requesting a minor variance to the Zoning By-law to permit a minimum front yard of 4.2m rather than the required 5.6m, to permit architectural features to project into the minimum front yard to a maximum of 0.83m rather than the maximum permitted projection of 0.6m; to permit an attached private garage to project beyond the front façade of the habitable at grade portion of the dwelling unit, whereas the By-law does not permit an attached garage to project beyond the front façade; to permit a parking space within the carport to be 4.44m in length rather than the required length of 5.5m; to permit a parking space to be located within 6m from a street line; to permit an access ramp exceeding 0.6m above ground level to be located a minimum of 0.63m from the westerly interior side lot line rather than the required 0.75m to facilitate an access ramp along the westerly side of the existing single detached dwelling, to facilitate the construction of a carport and access ramp along the westerly side of the of an existing single detached dwelling, generally in accordance with drawings prepared by Elan Design Studio Inc., dated July 2023, on Part Lot 180, Plan 651, 279 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 2023-107 – 239 Rosebank Place, DSD-2023-397

Submission No.: A 2023-107
Applicants: Ryan & Stephanie Kressler
Property Location: 239 Rosebank Place
Legal Description: Lot 114, Plan 1441

Appearances:
In Support:

S. Kressler

Contra:  

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a required parking space to be located 4.5m from the front lot line rather than the minimum required 6m to facilitate the conversion of the attached garage into a new Additional Dwelling Unit (ADU) (Attached) in an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-397, dated September 1, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

S. Kressler was in attendance in support of the staff recommendation. In response to questions from the Committee, S. Kressler clarified that the door seen in Figure 4, displaying the front view of the subject property, as seen in report DSD-2023-397, leads to the garage.

Moved by S. Hannah 

Seconded by B. McColl

• That the application of RYAN MICHAEL KRESSLER and STEPHANIE KRESSLER requesting a minor variance to the Zoning By-law to permit a required parking space to be located 4.5m from the front lot line rather than the minimum required 6m to facilitate the conversion of the attached garage into a new Additional Dwelling Unit (ADU) (Attached) in an existing single detached dwelling, on Lot 14, Plan 1441, 239 Rosebank Place, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.5

A 2023-108 – 540 Frederick Street , DSD-2023-388

Submission No.: A 2023-108
Applicants: Strait Isle Inc.
Property Location: 540 Frederick Street
Legal Description: Part Lot 60, Plan 764

Appearances:
In Support:

C. Shen

Contra:            

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a legal non-conforming Single Detached Dwelling in a MIX-3 zone to be used as a Single Detached Dwelling with a Personal Services Home Occupation.

The Committee considered Development Services Department report DSD-2023-388, dated August 29, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

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

In response to questions from the Committee, C. Shen noted the minor variance is being requested for a single detached dwelling with a personal services home occupation, to allow a personal use establishment while maintaining residence on the first level.

Moved by B. McColl

Seconded by S. Hannah

• That the application of STRAIGHT ISLE INC. (SAMI ISKANDAR) requesting a minor variance to the Zoning By-law to permit a legal non-conforming Single Detached Dwelling in a MIX-3 zone to be used as a Single Detached Dwelling with a Personal Services Home Occupation , on Part Lot 60, Plan 764, 540 Frederick Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.6

A 2023-109 – 27 Roy Street , DSD-2023-403

Submission No.: A 2023-109
Applicants: RFB Developments
Property Location: 27 Roy Street
Legal Description: Part Lot 5, Plan 360

Appearances:
In Support:

C. Balluch

Contra:    

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a minimum parking requirement of 0 parking spaces rather than the minimum required 4 parking spaces, to facilitate the use of the building for commercial and residential uses until a legal right-of-way to the rear yard is established.

The Committee considered Development Services Department report DSD-2023-403, dated September 6, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

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

T. Malone-Wright noted the applicant has been unable to obtain an easement with the adjacent property owner, and would still like to move forward with the development.

In response to questions from the Committee, C. Balluch stated the legal right-of-way to the rear yard is in the process of being obtained. C. Balluch clarified a parking requirement of 0 spaces is being requested, and should the legal right-of-way be obtained, then the 4 space that were proposed could be used and functional.

In response to concerns raised by the Committee about the potential for the property to end up with 0 off-street parking spaces, T. Malone-Wright stated the reduction to 0 parking spaces per unit is permitted within a Major Transit Station Area (MTSA), and noted alternative transportation options are provided on site, as the property is located approximately 300m to an existing ION transit stop and adequate bicycle parking will also be provided in the new development.

Moved by S. Hannah 

Seconded by B. McColl

• That the application of RONALD FIRMI BROHMAN requesting a minor variance to the Zoning By-law to permit a minimum parking requirement of 0 parking spaces rather than the minimum required 4 parking spaces, to facilitate the use of the building for commercial and residential uses until a legal right-of-way to the rear yard is established, in accordance with Site Plan Application SP22/17/R/Ts, on Part Lot 5, Plan 360, 27 Roy Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.7

A 2023-110 – 148 Chandos Drive, DSD-2023-398

Submission No.: A 2023-110
Applicants: Wael & Ramena Yohana
Property Location: 148 Chandos Drive
Legal Description: Lot 31, Plan 1692

Appearances:
In Support:

W. & R. Yohana

Contra:  

 None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a rear yard setback of 2m rather than the minimum required 7.5m to facilitate the construction of an addition in the interior side yard of the existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-398, dated September 5, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

W. & R. Yohana was in attendance in support of the staff recommendation.

In response to questions from the Committee, W. & R. Yohana verified minor variance is being requested to permit the construction of an addition to the existing single detached dwelling,  and confirmed construction is not intended for a detached dwelling or duplex.

Moved by S. Hannah

Seconded by B. McColl

• That the application of RAMENA SHAMAON YOHANA and WAEL ISKARYA YOHANA requesting a minor variance to the Zoning By-law to permit a rear yard setback of 2m rather than the minimum required 7.5m to facilitate the construction of an addition in the interior  side yard of the existing single detached dwelling, generally in accordance with drawings prepared by Pawandeep Grewal, dated August 2023, on Lot 31, Plan 1692, 148 Chandos Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.8

A 2023-111 – 15 Catalina Court, DSD-2023-392

Submission No.: A 2023-111
Applicants: Karthik Bonthu
Property Location: 15 Catalina Court
Legal Description: Part Block 58, Plan 1680; being Part 1 on Reference Plan 58R-6400

Appearances:
In Support:

K. Bonthu

Contra:    

R. Neufeld

N. Sargeant

Written Submissions:

R. Neufeld

M. Kleehaas

M. Donis

E. & M. Nafziger

The Committee was advised the applicant requested minor variances to the Zoning By-law to permit a lot to have the width of 11.9m rather than the minimum required 13.1m; and, to permit three parking spaces to be located within 6.0m of the exterior lot line, rather than maximum one permitted, to facilitate the conversion of a semi-detached dwelling into a semi-detached duplex dwelling with an Additional Dwelling Unit (ADU) (Detached) within the rear yard.

The Committee considered Development Services Department report DSD-2023-392, dated September 6, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

K. Bonthu was in attendance in support of the staff recommendation.

R. Neufeld and N. Sargeant were in attendance in opposition to the application, noting concerns with ongoing property standards and By-law enforcement matters related to the subject property.

S. Hannah noted concerns with the lack of preliminary grading prior to construction and the ability of the property to be composed of three units, due to the property size.

B. McColl brought forward a motion to defer the application to November 21, 2023 or earlier to allow the applicant to provide a modified site plan, grading and building drawings. The Committee noted and discussed the reasons for deferral, and agreed to defer the application to November 21, 2023.

Moved by S. Hannah 

Seconded by B. McColl

• That the application of KK HOLDING INC requesting a minor variance to the Zoning By-law to permit a lot to have the width of 11.9m rather than the minimum required 13.1m; and, to permit three parking spaces to be located within 6.0m of the exterior lot line, rather than maximum one permitted, to facilitate the conversion of a semi-detached dwelling into a semi-detached duplex dwelling with an Additional Dwelling Unit (ADU) (Detached) within the rear yard , generally in accordance with drawings prepared by Rob Sajkunovic, dated August 16, 2023, on Part Block 58, Plan 1680; being Part 1 on Reference Plan 58R-6400, 15 Catalina Court, Kitchener, Ontario, BE DEFERRED until November 21, 2023 or earlier, to allow the applicant an opportunity to provide modified site plan, grading and building drawings.

  Carried

6.9

A 2023-112 – 103 Peter Street, DSD-2023-399

Submission No.: A 2023-112
Applicants: Haifaa Khadour & Abdulmouen Khaddour
Property Location: 103 Peter Street
Legal Description: Sub Lot 17, Lot 274, German Company Tract

Appearances:
In Support:

A. Khaddour

Contra:    

 None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a lot to have the width of 12.7m rather than the minimum required 13.1m to facilitate the conversion of the existing single detached dwelling with 1 Additional Dwelling Unit (ADU) (attached) (Duplex) into a single detached dwelling unit with 2 Additional Dwelling Units (attached) (Triplex).

The Committee considered Development Services Department report DSD-2023-399, dated September 5, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by B. McColl

• That the application of HAIFAA KHADOUR and PETRO CONSULTANTS AND SERVICES (ABDULMOUEN KHADDOUR) requesting a minor variance to the Zoning By-law to permit a lot to have the width of 12.7m rather than the minimum required 13.1m to facilitate the conversion of the existing single detached dwelling with 1 Additional Dwelling Unit (ADU) (attached) (Duplex) into a single detached dwelling unit with 2 Additional Dwelling Units (attached) (Triplex), generally in accordance with drawings prepared by Nuovo Engineering Services, dated June 2023, on Sub Lot 17, Plan 274, German Company Tract, 103 Peter Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.10

A 2023-113 – 9 Siebert Avenue , DSD-2023-393

Submission No.: A 2023-113
Applicants: Robert Westbury
Property Location: 9 Siebert Avenue
Legal Description: Lot 80, Plan 812

Appearances:
In Support:

R. Westbury

Contra:  

M. Maltais  

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) to be located partially within the exterior side yard of the property abutting Clark Avenue, whereas the By-law does not permit an ADU to be located in an exterior side yard; and, and to facilitate two (2) required parking spaces to be located within 6.0m of a front or exterior lot line rather than the maximum one (1) parking space, to facilitate the conversion of a single detached duplex into a single detached duplex with ADU.

The Committee considered Development Services Department report DSD-2023-112, dated September 5, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

R. Westbury was in attendance in support of the application.

M. Maltais was in attendance in opposition to the application, noting concerns with the grading, building height, and setback from the property line. M. Maltais also noted concerns with the driveway, and the potential for the view of drivers to be obstructed should more than one car be parked in the driveway.

In response to the comments surrounding driveway concerns, S. Ryder noted staff will look into issues surrounding the potential obstruction of driver sightlines. 

In response to questions from the Committee, R. Westbury confirmed the is building 12ft tall and will have a 4.5m setback from the property line. R. Westbury also confirmed the fence will be removed.

The Committee noted support of the staff recommendation for deferral to the December 12, 2023 meeting, to allow the GRCA an opportunity to review a Topographic Survey, with the Floodplain delineated, to confirm that the proposed Additional Dwelling Unit (ADU) (Detached) will be located outside the Montgomery Creek Floodplain, and for the applicant to provide further information of drawings and grading.

Moved by B. McColl

Seconded by S. Hannah

• That the application of ROBERT RONALD WESTBURY requesting a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) to be located partially within the exterior side yard of the property abutting Clark Avenue, whereas the By-law does not permit an ADU to be located in an exterior side yard; and, and to facilitate two (2) required parking spaces to be located within 6.0m of a front or exterior lot line rather than the maximum one (1) parking space, to facilitate the conversion of a single detached duplex into a single detached duplex with ADU, on Lot 80, Plan 812, 9 Siebert Avenue, Kitchener, Ontario, BE DEFERRED until December 12, 2023 or earlier, to allow the Grand River Conservation Authority an opportunity to review a Topographic Survey, with the Floodplain delineated, to confirm that the proposed Additional Dwelling Unit (ADU) (Detached) will be located outside the Montgomery Creek Floodplain; and  to provide further information of drawings and grading.

  Carried

6.11

A 2023-114 – 78 Weber Street West, DSD-2023-404

Submission No.: A 2023-114
Applicants:  12743931 Canada Inc.
Property Location: 78 Weber Street West
Legal Description: Part Lot 7, Plan 401

Appearances:
In Support:

A. Mercer

Contra:              

None.

Written Submissions:

None.

The Committee was advised the applicant requested minor variances to the  Zoning By-law to permit steps that are within 3m of a street line and within a required yard to be 0.78m in height rather than the maximum permitted height of 0.6m; and to permit a porch to that is greater than 0.6m to be 0.22m from a street line rather than the minimum required 3m to permit the existing building on the subject property to have a total of 6 dwelling units.

The Committee considered Development Services Department report DSD-2023-404, dated September 6, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

A. Mercer was in attendance in support of the staff recommendation, with the exception of condition 2 imposed in relation to Metrolinx.

The Committee noted the conditions proposed by Metrolinx are unnecessary and onerous process for the applicant. As such, the Committee discussed and agreed to omit conditions 1 and 2 as outlined in the Development Services Department report, DSD-2023-404, of the Committee's decision this date.

Moved by S. Hannah

Seconded by B. McColl

• That the application of 12743931 CANADA INC requesting a minor variance to the  Zoning By-law to permit steps that are within 3m of a street line and within a required yard to be 0.78m in height rather than the maximum permitted height of 0.6m; and to permit a porch to that is greater than 0.6m to be 0.22m from a street line rather than the minimum required 3m to permit the existing building on the subject property to have a total of 6 dwelling units, in accordance with drawings prepared by STAKT Architecture Inc., dated August 2, 2023, on Part Lot 7, Plan 401, 78 Weber Street West, 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 2023-115 – 275 Lawrence Avenue, DSD-2023-405

Submission No.: A 223-115
Applicants: Lutheran East District
Property Location: 275 Lawrence Avenue
Legal Description: Part Lot 96, Plan 786

Appearances:
In Support:

R. Mounsey

Contra:

None.                   

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an “office” use in the existing building whereas the By-law does not allow for an “office” use on the subject property.

The Committee considered Development Services Department report DSD-2023-405, dated September 8, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 31, 2023, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by S. Hannah

• That the application of LUTHERAN EAST DISTRICT requesting a minor variance to the Zoning By-law to permit an “office” use in the existing building whereas the By-law does not allow for an “office” use on the subject property, in accordance with Site Plan SP16/096/L/SRM, dated December 9, 2016, on Part Lot 96, Plan 786, 275 Lawrence Avenue, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.13

B 2023-035 – 100 St. George Street, DSD-2023-406

Submission No.: B 2023-035
Applicants: Habitat for Humanity
Property Location: 100 St. George Street
Legal Description: Part Lot 48, Plan 393

Appearances:
In Support:

G. Smith

D. Currie

Contra:      

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to sever a parcel of land having a lot width of 16.m, a lot depth of 35.3m and a lot area of 564 sq.m. The retained lands will have a lot width of 16.m, a lot depth of 35.3m and a lot area of 563 sq.m. Both lots are proposed for semi-detached dwellings.

The Committee considered Development Services Department report DSD-2023-406, dated September 6, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31, 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 August 31, 2023, advising they have no concerns with the subject application.

D. Currie & G. Smith was in attendance in support of the staff recommendation.

T. Malone-Wright stated based on correspondence received from the Region of Waterloo, it has been noted the requirement of an archaeological assessment is no longer needed, and requested the recommendation be revised to remove condition 11.

At the request of staff, the Committee, agreed to omit condition 11 as outlined in the Development Services Department report, DSD-2023-406.

Moved by B. McColl

Seconded by S. Hannah

• That the application of HABITAT FOR HUMANITY requesting permission to sever a parcel of land having a lot width of 16.m, a lot depth of 35.3m and a lot area of 564 sq.m. The retained lands will have a lot width of 16.m, a lot depth of 35.3m and a lot area of 563 sq.m. Both lots are proposed for semi-detached dwellings, on Part Lot 48, Plan 393, 100 St. George 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 that 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 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 property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
  5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  6. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services.
  7. That 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.
  8. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
  9. That at the sole option of the City’s Director of Planning, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Planning, which shall include the following:

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

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

  10. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. If the property owner can demonstrate suitable non-profit housing provider status to the satisfaction of the Director of Parks and Cemeteries, parkland dedication fees may be waived.

  It is the opinion of this Committee that:

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

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

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

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

  Carried

7.

ADJOURNMENT

On motion, this meeting adjourned at approximately 11:43 p.m.

Mariah Blake
Secretary-Treasurer
Committee of Adjustment