Committee of Adjustment

Committee Minutes

Tuesday, September 20, 2022 at 10:00 A.m. - 12:00 P.m.

Electronic Meeting

Present:

• D. Cybalski, Chair
• M. Kidd, Member
• S. Hannah, Member
• B. McColl, Member

Staff:

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

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1.

COMMENCEMENT

2.

MINUTES

• That the regular minutes of the Committee of Adjustment meeting held August 16, 2022, as circulated to the members, be accepted.

3.

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

3.1

A 2022-104 - 369 Frederick Street, DSD-2022-433

Submission No.: A 2022-104
Applicants: Wade Stever 
Property Location: 369 Frederick Street
Legal Description: Sub Lot 3, Part Lot 9, German Company Tract, being Parts 5 and 6 on Reference Plan 58R-20004

Appearances:
In Support:

M. Warzecha

S. Campbell

W. Stever

Contra:                       

S. Benedikston                     

Written Submissions:

N. Konrad

The Committee was advised the applicant requested permission to construct a 4-storey addition in the rear yard of an existing Long-term Care facility having an interior side yard setback of 6.1m rather the required 8.3m; and, to permit a floor space ratio of 1.25 rather than the required 1.0.

The Committee considered Development Services Department report DSD-2022-433, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

S. Benedikston was in attendance in opposition of the application noting, concerns with the change in grade between the subject property and the surrounding properties due to the height of the proposed development. S. Benedikston expressed further concerns with the natural corridor that welcomes loitering and garbage collection. 

In response to questions from the Committee, T. Malone-Wright noted that the site plan for the application is under review.

M. Warzecha noted that 3-storeys were previously added to the home and with the approval of this application, 1 more storey will be constructed. This addition will increase the building height due to minimum setback requirements however, the angular plane analysis is within the required 45 degrees. Further, M. Warzecha noted neighbours were consulted in the process to address any concerns regarding the proposed development.

Moved by B. McColl

Seconded by S. Hannah

• That the application of PEOPLECARE INC requesting a minor variance to construct a 4-storey addition in the rear yard of an existing Long-term Care facility having an interior side yard setback of 6.1m rather the required 8.3m; and, to permit a Floor Space Ratio (FSR) of 1.25 rather than the permitted FSR of 1.0, in accordance with Site Plan Application SP22/126/F/ES, on  Subdivision Lot 3, Part Lot 9, German Company Tract, being Parts 5 and 6, on Reference Plan 58R-20004, 369 Frederick 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

3.2

A 2022-105 - 6 Tweedsmuir Court, DSD-2022-429

Submission No.: A 2022-105
Applicants: Rachel Mason
Property Location: 6 Tweedsmuir Court
Legal Description: Lot 34, Registered Plan 1576

Appearances:
In Support:

M. Weigel

Contra:

None.                 

Written Submissions:

None.

The Committee was advised the applicant requested permission to construct a pavilion (accessory structure) in the rear yard of an existing single detached dwelling having a maximum height of the underside of the fascia 3.7m rather than the permitted maximum of 3.0m.

The Committee considered Development Services Department report DSD-2022-429, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by S.Hannah

• That the application of MICHELLE CATHERINE WEIGEL requesting minor variances to Zoning By-law 85-1 and Zoning By-law No. 2019-051 to construct a pavilion (accessory structure) in the rear yard of an existing single detached dwelling having a maximum height of the underside of the fascia 3.7m rather than the permitted maximum of 3m, on Lot 34, Registered Plan 1576, 6 Tweedsmuir Court, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

3.3

A 2022-106 - 175 Tartan Avenue, DSD-2022-434

Submission No.: A 2022-106
Applicants: 2506781 Ontario Inc.
Property Location: 175 Tartan Avenue
Legal Description: Block 193, Registered Plan 58M-682

Appearances:
In Support:

B. Tonic

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to construct a 108-unit staked townhouse development in seven buildings having a southerly side yard setback of 1.8m rather than the required 2.5m; a rear yard setback of 5.5m rather than the required 7m; a parking rate of 1.1 spaces per dwelling unit (120 parking spaces) rather than the required 1.5 parking spaces per dwelling unit (162 parking spaces); and, to permit 10% (12 parking spaces) of the off-street parking spaces to be allocated to Visitor Parking rather than the required 20% (32 parking spaces).

The Committee considered Development Services Department report DSD-2022-434, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by M. Kidd

• That the application of 2506781 ONTARIO INC requesting minor variances to Zoning By-law 85-1 to construct a 108-unit staked townhouse development in seven buildings having a parking rate of 1.1 spaces per dwelling unit (120 parking spaces) rather than the required 1.5 parking spaces per dwelling unit (162 parking spaces); and, to permit 10% (12 parking spaces) of the off-street parking spaces to be allocated to Visitor Parking rather than the required 20% (32 parking spaces), and minor variances to Zoning By-law 2019-051 to permit southerly side yard setback of 1.8m rather than the required 2.5m; a rear yard setback of 5.5m rather than the required 7m, in accordance with Site Plan Application SP22/061/T/LT, on Block 193, Registered Plan 58M-682, 175 Tartan Avenue, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

3.4

A 2022-107 - 133 Pine Martin Crescent, DSD-2022-440

Submission No.: A 2022-107
Applicants: John and Dawn Murray
Property Location: 133 Pine Martin Crescent
Legal Description: Part Block 4, Registered Plan 58M-17, being parts 11, 96 and 97 on Reference Plan 58R-10907

Appearances:
In Support:

D. Murray

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to construct a sunroom addition in the rear yard of an existing single detached dwelling having a northerly side yard setback of 0m rather than the required 1.2m.

The Committee considered Development Services Department report DSD-2022-440, dated September 12, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

S. Hannah expressed no concerns with approval of the subject application due to the maintenance easement running along the side of the property.

Moved by B. McColl

Seconded by S. Hannah

• That the application of DAWN SUZANNE MURRAY and JOHN PATRICK MURRAY requesting a minor variance to construct a sunroom addition in the rear yard of an existing single detached dwelling having a northerly side yard setback of 0m rather than the required 1.2m, on Part Block 4, Registered Plan 58M-17, being Parts 11, 96 and 97 on Reference Plan 58R-10907, 133 Pine Martin Crescent, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

3.5

A 2022-108 - 23 Bosworth Crescent, DSD-2022-425

Submission No.: A 2022-108
Applicants: Jacqueline Flitton and Robert Sinclair
Property Location: 23 Bosworth Crescent
Legal Description: Lot 316, Registered Plan 1369

Appearances:
In Support:

J. Filtton

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to permit the required off-street parking on a single detached dwelling to be located 1.7m from the street line rather than the required minimum 6m to facilitate the conversion of the attached garage into a living space.

The Committee considered Development Services Department report DSD-2022-425, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

J. Filtton was in attendance in support of the staff recommendation. In response to questions from the Committee, J. Filtton noted the garage would not be converted into an additional dwelling unit, rather, the garage is simply being converted into a bedroom.

D. Cybalski noted that the application is requesting approval based on drawings however drawings were not included in the application. In response, J. Filtton noted contractors were not willing to provide drawings until the minor variance is approved.

It was suggested and agreed the Staff recommendation for approval be amended with an omittance of "generally in accordance with drawings prepared by Isabel Barnes, dated August 17, 2022".

Moved by S. Hannah 

Seconded by B. McColl

• That the application of JACQUELINE LORRAINE FLITTON and ROBERT MATTHEW SINCLAIR requesting minor variances to By-law 85-1 and By-law No. 2019-051 to permit the required off-street parking on a single detached dwelling to be located 1.7m from the street line rather than the required minimum 6m to facilitate the conversion of the attached garage into a living space, on Lot 316, Registered Plan 1369, 23 Bosworth Crescent, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

3.6

A 2022-109 - 60 Crosswinds Drive, DSD-2022-423

Submission No.: A 2022-109
Applicants: Milestone Developments Inc.
Property Location: 60 Crosswinds Drive
Legal Description: Lot 181, Registered Plan 58M-597

Appearances:
In Support:

P. Haramis

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to permit a rear yard setback of 7.2m rather than the required 7.5m to facilitate the construction of a single detached dwelling.

The Committee considered Development Services Department report DSD-2022-423, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

In response to questions from the Committee, T. Malone Wright noted an error in the Staff Report and confirmed a building permit has not been issued for the proposed development.

It was suggested and agreed the Staff recommendation for approval be amended to reflect approval in accordance to the "survey" rather than approval in accordance with "drawings". Further, the Staff Report would be amended to reflect a building permit has not been issued.

Moved by B. McColl

Seconded by S. Hannah

• That the application of MILESTONE DEVELOPMENTS INC requesting minor variances to By-law 85-1 and By-law No. 2019-051 to permit a rear yard setback of 7.2m rather than the required 7.5m to facilitate the construction of a single detached dwelling, in accordance with the survey prepared by J.D. Barnes Ltd, on Lot 181, Registered Plan 58M-597, 60 Crosswinds Drive, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

3.7

A 2022-110 - 6 Marianne Dorn Trail, DSD-2022-424

Submission No.: A 2022-110
Applicants: Suresh Kumar Soundararajan and Gowri Krishnasamy
Property Location: 6 Marianne Dorn Trail
Legal Description: Lot 21, Registered Plan 58M-572

Appearances:
In Support:

R. Friesen

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to convert a single detached dwelling into a duplex having exterior stairs in the northerly side yard with a setback of 0.29m rather than the required 0.75m.

The Committee considered Development Services Department report DSD-2022-424, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application subject to the conditions outlined in the report.

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

S. Hannah raised concerns about the slope between the properties and downspouts interrupting paths of travel. R. Friesen noted there are no plans to adjust slope and location of the downspouts. In response to questions from the Committee, T. Malone-Wright noted the building department does not assess grading in the building permit process. The Committee noted downspouts could be rotated 90 degrees to allow drainage along the side of the property instead of the front. Alternatively, a retaining wall system with a gravel base could be constructed to allow for drainage underneath.

The Committee noted the absence of written submissions and appearances in opposition to the application.

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

Moved by B. McColl

Seconded by M. Kidd

• That the application of GOWRI KRISHNASAMY and SURESH KUMAR SOUNDARARAJAN requesting minor variances to By-law 85-1 and By-law No. 2019-051 to convert a single detached dwelling into a duplex having exterior stairs in the northerly side yard with a setback of 0.29m rather than the required 0.75m, in accordance with drawings prepared by Fine Line Drafting & Design, on Lot 21, Registered Plan 58M-572, 6 Marianne Dorn Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That the property owner shall make financial arrangements for the minor variance application review fee to the Grand River Conservation Authority.

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

  It is the opinion of this Committee that:

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

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

  Carried

3.8

A 2022-111 - 131 Pinedale Drive, DSD-2022-432

Submission No.: A 2022-111
Applicants: Gurvinder Nanra and Jaskinder Nanra
Property Location: 131 Pinedale Drive
Legal Description: Lot 1, Registered Plan 1240

Appearances:
In Support:

K. Nanra

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to permit a driveway to be located 0.78m from the intersection of Williamsburg Road and Pinedale Drive rather than the required 9m; and, a minor variance from Zoning By-Law 2019-051 to permit a driveway to be located 0.78m from the intersection of the front lot line and exterior lot line rather than the required 7m; and, to permit vehicles in a Driveway Visibility Triangle (DVT) whereas the By-law does not permit obstructions above 0.9m in height in the DVT.

The Committee considered Development Services Department report DSD-2022-432, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

S. Hannah inquired whether the removal of a hedge as outlined in the application could be completed by December 1, 2022. K. Nanra agreed to this timeline and noted the hedge would be replaced with a metal fence. S Ryder advised the fence must be lower than 0.9m in height and should be constructed with material (such as chain links) that promote visibility.

It was discussed and agreed that an application for a Curb Cut Permit be included as a condition of approval as there is a possibility the proposed variance requires curb modifications. Further, a condition requiring the removal of the hedge by December 1, 2022 was imposed.

Moved by S. Hannah

Seconded by B. McColl

• That the application of GURVINDER NANRA and JASKINDER NANRA requesting minor variances to By-law 85-1 and By-law No. 2019-051 to permit a driveway to be located 0.78m from the intersection of Williamsburg Road and Pinedale Drive rather than the required 9m; and, a minor variance from Zoning By-Law 2019-051 to permit a driveway to be located 0.78m from the intersection of the front lot line and exterior lot line rather than the required 7m; and, to permit vehicles in a Driveway Visibility Triangle (DVT) whereas the By-law does not permit obstructions above 0.9m in height in the DVT, on Lot 1, Registered Plan 1240, 131 Pinedale Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner removes the hedge by December 1, 2022, to the satisfaction of the Director of Planning. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void.
  2. That the property owner make an application for a Curb Cut Permit, in accordance with Minor Variance Application A 2022-111, to the satisfaction of the Director of Planning, or designate.

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

  It is the opinion of this Committee that:

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

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

  Carried

3.9

A 2022-112 - 527 Wellington Street North

Submission No.: A 2022-112
Applicants: Nikola Janakovic
Property Location: 527 Wellington Street North
Legal Description: Lot 2, Plan 244

Appearances:
In Support:

N. Janakovic

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to enlarge/extend a legal non-conforming use to construct an Additional Dwelling Unit (ADU) onto the existing single detached dwelling in a General Industrial Zone (M-2).

The Committee considered Development Services Department report DSD-2022-426, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by M. Kidd

• That the application of 723493 ONTARIO LTD (NIKOLA JANAKOVIC) requesting permission under section 45(2)(a)(i) to enlarge/extend a legal non-conforming use, a single detached dwelling in the General Industrial Zone (M-2), to permit an Additional Dwelling Unit (ADU) (attached) generally, in accordance with drawings prepared by Nikola Janakovic, on Lot 2, Plan 244, 527 Wellington Street North, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that the request for permission to enlarge a legal non-conforming
  use to facilitate the existing Additional Dwelling Unit (ADU) in the basement on an existing single detached dwelling under Section 45(2) of the Planning Act is appropriate for the following reasons:

  1. That approval of this application is in the public interest.
  2. That the use of the existing basement dwelling as an ADU will not create any adverse or unacceptable impacts upon abutting properties

  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

3.10

A 2022-113 - 10 College Street, DSD-2022-437

Submission No.: A 2022-113
Applicants: Bernie Nimer
Property Location: 10 College Street
Legal Description: Parts Lot A, 155 and 156, Registered Plan 374, being Part 1 on Reference Plan 58R-20854

Appearances:
In Support:

S. Patterson

Contra:    

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to construct a 24-storey mixed used development with 223 dwelling units having a total of 58 off-street parking spaces rather than the required 126 parking spaces.

The Committee considered Development Services Department report DSD-2022-437, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

It was agreed that the Staff report will be amended to reflect the unit is located at College and Weber Street rather than Ontario and Weber Street.

Moved by S. Hannah

Seconded by B. McColl 

• That the application of NIMER BROS DEVELOPMENTS INC requesting a minor variance to construct a 24-storey mixed used development with 223 dwelling units having a total of 58 off-street parking spaces rather than the required 126 parking spaces, in accordance with Site Plan Application SP21/027/C/JVW on Parts Lot A, 155 and 156, Registered Plan 374, being Part 1 on Reference Plan 58R-208540, 10 College 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.

3.11

A 2022-114 - 132 Woolwich Street, DSD-2022-428

Submission No.: A 2022-114
Applicants: Christopher Coupal
Property Location: 132 Woolwich Street
Legal Description: Part Lot 60, German Company Tract

Appearances:
In Support:

S. Patterson

Contra:

None.

Written Submissions:

S. Ims

H. Boettger

J. and S. Roberts

The Committee was advised the applicant requested permission to construct a 3-storey 31-unit multi-residential dwelling having 1.15 parking spaces per dwelling unit rather than the minimum required 1.25 parking spaces per dwelling unit; and, to permit “Multiple Dwelling” use whereas the By-Law does not currently permit “Multiple Dwelling”; and, a minor variance from Zoning By-Law 2019-051 to permit a front yard setback of 2.1m rather than the required 4.5m; and, a maximum Floor Space Ratio (FSR) of 0.68 rather than the maximum permitted FSR 0.6.

The Committee considered Development Services Department report DSD-2022-428, dated September 8, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application.

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

In reference to written submissions in opposition to the application, S. Hannah noted the use of the property will comply with the new Zoning By-law.

Moved by B. McColl

Seconded by S. Hannah

• That the application of 2838765 ONTARIO INC requesting minor variances to Zoning By-law 85-1 to construct a 3-storey 31-unit multi-residential dwelling having a parking rate of 1.15 parking spaces per dwelling unit rather than the minimum required 1.25 parking spaces per dwelling unit; and, to permit “Multiple Dwelling” use whereas the By-Law does not currently permit “Multiple Dwelling”; and, a minor variances from Zoning By-Law 2019-051 to permit a front yard setback of 2.1m rather than the required 4.5m; and, a maximum Floor Space Ratio (FSR) of 0.68 rather than the maximum permitted FSR 0.6, in accordance with Site Plan Application SP22/083/W/BB on Part Lot 60, German Company Tract, 132 Woolwich Street , Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

3.12

A 2022-115 -224 Jeffrey Place, DSD-2022-427

Submission No.: A 2022-115
Applicants: The Ironstone Building Company
Property Location: 224 Jeffrey Place
Legal Description: Lot 7, Registered Plan 58M-666

Appearances:
In Support:

P. Hinde

Contra:        

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to construct a single detached dwelling having a front porch with a depth of 1.2m rather than the required 1.5m; an attached garage to extend 4.6m beyond the front façade of the dwelling rather than the maximum permitted 1.8m; and, to permit a private garage to extend beyond the front of the porch, to facilitate the construction of a single detached dwelling.

The Committee considered Development Services Department report DSD-2022-427, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 30, 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 1, 2022, advising they have no concerns with the subject application subject to the conditions outlined in the report.

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

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

Moved by B. McColl

Seconded by M. Kidd 

• That the application of THE IRONSTONE BUILDING COMPANY requesting a minor variance to construct a single detached dwelling having a front porch with a depth of 1.2m rather than the required 1.5m; an attached garage to extend 4.6m beyond the front façade of the dwelling rather than the maximum permitted 1.8m; and, to permit a private garage to extend beyond the front of the porch, to facilitate the construction of a single detached dwelling, in accordance with drawings prepared by Orchard Design Studio Inc., dated June 2022 on Lot 7, Registered Plan 58M-666, 224 Jeffrey Place, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That the property owner shall make financial arrangements for the minor variance application review fee to the Grand River Conservation Authority.

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

  It is the opinion of this Committee that:

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

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

3.13

B 2022-046 - 78-80 Old Chicopee Drive, DSD-2022-430

Submission No.: B 2022-046
Applicants: Estate of Maria Kruppa
Property Location: 78-80 Old Chicopee Drive
Legal Description: Lot 1, Registered Plan 1216

Appearances:
In Support:

T. Marko

Contra:        

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 9.9m, a depth of 39.6m and an area of 392sq.m. The retained land will have a width of 9.9m, a depth of 39.6m along the lot line and 40.5m along the second lot line and an area of 565sq.m.

The Committee considered Development Services Department report DSD-2022-430, dated September 9, 2022 recommending deferral until March 2023.

T. Marko was in attendance in support of the staff recommendation.

T. Malone-Wright noted staff observed a shed located on the  proposed property line. As the owner wishes to retain the shed, staff are recommending deferral until an updated severance plan is provided.

Moved by B. McColl 

Seconded by S. Hannah

• That the application of MARIA KRUPPA requesting permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 9.9m, a depth of 39.6m and an area of 392sq.m. The retained land will have a width of 9.9m, a depth of 39.6m along the lot line and 40.5m along the second lot line and an area of 565sq.m, on Lot 1, Registered Plan 1216, 78-80 Old Chicopee Drive, Kitchener, Ontario, BE DEFERRED until March 23, 2023.

3.14

B 2022-047 - 124 Walker Street, DSD-2022-439

Submission No.: B 2022-047
Applicants: New Villa Group Inc.
Property Location: 124 Walker Street
Legal Description: Part Lots 105 to 107, Registered Plan 308, being Part 3 on Reference Plan 58R-1130

Appearances:
In Support:

M. Courtney

Contra:  

None.

Written Submissions:

M. Schneider

The Committee was advised the applicant requested permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 8.6m, a depth of 31m and an area of 270sq.m. The retained land will have a width of 8.6m, a depth of 31m and an area of 270sq.m.

The Committee considered Development Services Department report DSD-2022-439, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31, 2022, advising they have no concerns with the subject application subject to the conditions outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 1, 2022, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by B. McColl

• That the application of NEW VILLA GROUP INC requesting permission to    sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 8.6m, a depth of 31m and an area of 270sq.m. The retained land will have a width of 8.6m, a depth of 31m and an area of 270sq.m, on Part Lots 105 to 107, Registered Plan 308, being Part 3 on Reference Plan 58R-1130, 124 Walker 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 satisfactory of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
  5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to 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 that any new driveways are to be constructed to City of Kitchener standards at the property owner’s expense prior to occupancy of the building, and in a paired location to the satisfaction of the City’s Director of Transportation and 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 pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
  9. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $3,992.80.00 of the value of the lands to be severed.
  10. That the property owner shall fulfil one of the following three 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 envelop/work zone, a landscaped area and the vegetation to be preserved. No chances 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) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following:

  i) That the property owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City’s Director Parks and Cemeteries. No chances 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 approved Street Tree Planting Plan, to the satisfaction of the City’s Director Parks and Cemeteries.

  OR

  c) Make arrangements regarding financial compensation for the trees to be removed to the satisfaction of the City’s Director of Parks and Cemeteries. 

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

  12. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo.

  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

3.15

B 2022-048 to 055 - 7, 9, 11, 13, 15, 21, 23 and 25 - Shaded Creek Drive, DSD-2022-438

Submission No.: B 2022-048 to 055
Applicants: Alex Sumner
Property Location: 7, 9, 11, 13, 14, 21, 23 and 25 Shaded Creek Drive
Legal Description: Lots 83 to 87, 90 to 92 Registered Plan 58M-670, being parts 95 to 106 on Reference Plan 58R-21143

Appearances:
In Support:

R. Wolff

Contra:      

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to 

The Committee considered Development Services Department report DSD-2022-438, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31, 2022, advising they have no concerns with the subject application subject to the conditions outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 1, 2022, advising they have no concerns with the subject application.

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

Moved by B. McColl

Seconded by S. Hannah 

• B 2022-048

  That the application of ACTIVA HOLDINGS INC requesting permission to grant a 0.9m wide easement for the adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit, on Lot 83, Registered Plan 58M-670, being Part 95 on Reference Plan 58R-21143, 7 Shaded Creek Drive, 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 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 or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

  2. That the property owner’s Solicitor shall provide a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor. 

  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.

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

  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.
• B 2022-049

  That the application of ACTIVA HOLDINGS INC requesting permission to grant a 0.9m wide easement, on Lot 84, Registered Plan 58M-670, being Part 96 on Reference Plan 58R-21143, 9 Shaded Creek Drive, 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 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 or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

  2. That the property owner’s Solicitor shall provide a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor. 

  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.

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

  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.
• B 2022-050

  That the application of ACTIVA HOLDINGS INC requesting permission to grant an “L” Shaped easement having a width of 0.9m for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit, on Lot 85, Registered Plan 58M-670, being Parts 97 and 98 on Reference Plan 58R-21143, 11 Shaded Creek Drive, 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 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 or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

  2. That the property owner’s Solicitor shall provide a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor. 

  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.

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

  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.
• B 2022-051

  That the application of ACTIVA HOLDINGS INC requesting permission to    grant an “L” Shaped easement having a width of 0.9m for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit, on Lot 86, Registered Plan 58M-670, being Parts 99 and 100 on Reference Plan 58R-21143, 13 Shaded Creek Drive, 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 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 or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

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

  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 make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.

  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.
• B 2022-052

  That the application of ACTIVA HOLDINGS INC requesting permission to    grant a 0.9m wide easement for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit, on Lot 87, Registered Plan 58M-670, being Part 101 on Reference Plan 58R-21143, 15 Shaded Creek Drive, 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 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 or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

  
  2. That the property owner’s Solicitor shall provide a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor. 

  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.

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

  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.
• B 2022-053

  That the application of ACTIVA HOLDINGS INC requesting permission to grant an “L” Shaped easement having a width of 0.9m wide easement for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit, on Lot 90, Registered Plan 58M-670, being Parts 102 and 103 on Reference Plan 58R-21143, 21 Shaded Creek Drive, 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 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 or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

  
  2. That the property owner’s Solicitor shall provide a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor. 

  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.

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

  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.
• B 2022-054

  That the application of ACTIVA HOLDINGS INC requesting permission to grant an “L” Shaped easement having a width of 0.9m for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit, on Lot 91, Registered Plan 58M-670, being Parts 104 and 105 on Reference Plan 58R-21143, 23 Shaded Creek Drive, 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 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 or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

  2. That the property owner’s Solicitor shall provide a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor. 

  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.

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

  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.
• B 2022-055

  That the application of ACTIVA HOLDINGS INC requesting permission to    grant a 0.9m wide easement identified for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit, on Lot 92, Registered Plan 58M-670, being Part 106 on Reference Plan 58R-21143, 25 Shaded Creek Drive, 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 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 or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 

  2. That the property owner’s Solicitor shall provide a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor. 

  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.

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

  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.

3.16

CC 2022-001 - 41 Ardelt Place, DSD-2022-436

Submission No.: CC 2022-001
Applicants: Marco Lorenti
Property Location: 41 Ardelt Place
Legal Description: Part Lots 17 and 18, Registered Plan 791, Part Lot 1, Registered Plan 1023, being Parts 1 and 2 on Reference Plan 58R-3800 and being Part 1 on Reference Plan 58R-9192

Appearances:
In Support:

S. Thompson

Contra:  

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to modify Conditions 3 through 6 and Condition 8 of Provisional Consent decision B 2021-026 granted by the Committee of Adjustment on May 18, 2021 to be dealt with in a future site plan approval process.

The Committee considered Development Services Department report DSD-2022-436, dated September 9, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 31, 2022, advising they have no concerns with the subject application subject to the conditions outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 1, 2022, advising they have no concerns with the subject application.

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

T. Malone-Wright noted that the applicant is seeking to replace Conditions 3,4,5,6 and 8 with Condition 10 which states, the Conditions will be fulfilled by an agreement to the satisfaction of the Director of Engineering.

In accordance with comments from the Region of Waterloo, it was suggested and agreed that a condition be included in the Committee's decision to require the applicant to submit a valid Notice of Source Protection Plan Compliance.

Moved by S. Hannah

Seconded by M. Kidd 

• That the application of FIRST ARDELT HOLDINGS LIMITED requesting permission to modify Conditions 3 through 6 and Condition 8 of Provisional Consent decision B 2021-026 granted by the Committee of Adjustment on May 18, 2021 for those conditions to be dealt with in a future site plan approval process, on Part Lots 17 & 18, Registered Plan 791, Part Lot 1, Registered Plan 1023, Part Lot 1, Reference Plan 58R-9192, Part Lots 1 & 2, Reference Plan 58R-3800, 41 Ardelt Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the 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.
  2. That the 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.
  3. That the owner shall receive site plan approval to acknowledge the existing parking and site conditions for the retained and severed lands to the satisfaction of the Manager of Site Development and Customer Service .
  4. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo.
  5. That the property owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor which shall acknowledge that the severed lands are un-serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the owner to include a notice provision in all future agreements of purchase and sale for the severed lands advising potential purchasers that the severed lands are un-serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands. 
  6. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo.

  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.

4.

ADJOURNMENT

On motion, the meeting adjourned at 11:01 a.m.

 

Marilyn Mills

Acting Secretary-Treasurer

Committee of Adjustment

5.

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