Committee of Adjustment

Committee Minutes

Tuesday, December 10, 2024 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• S. Hannah, Member
• B. Santos, Member
• B. McColl, Member
• M. Gambetti, Member

Staff:

• T. Malone-Wright, Manager, Development Approvals
• D. Seller, Transportation Services
• M. Mills, Committee Coordinator
• C. Owen, Administrative Clerk

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1.

COMMENCEMENT

The Committee of Adjustment met this date commencing at 10:02 a.m.

2.

MINUTES

Moved by M. Gambetti

Seconded by B. Santos

• "That the regular minutes of the Committee of Adjustment meeting held November 19, 2024, as circulated to the members, be accepted".

   

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

3.1

B. McColl - B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420

B. McColl declared a pecuniary interest with respect to consent application B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420 on the agenda this date due to owning property in close proximity to the subject property. Accordingly, B. McColl did not participate in any discussion or vote regarding this matter.

3.2

B. McColl - A 2024-112 - 578 Guelph Street, DSD-2024-533

B. McColl declared a pecuniary interest with respect to minor variance application A 2024-112 - 578 Guelph Street, DSD-2024-533 on the agenda this date to a family member residing in close proximity to the subject property. Accordingly, B. McColl did not participate in any discussion or vote regarding this matter. 

4.

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

5.

UNFINISHED BUSINESS

5.1

A 2024-075 - 96 Wood Street, DSD-2024-530

Submission No.: A 2024-075
Applicant: Nadajda Vladco & Natalia Podolean
Property Location: 96 Wood Street
Legal Description: Lot 28, Plan 287

Appearances:

In Support:

J. Dantzer

N. Podolean

N. Ryan

Contra:

M. Grieco

Written Submissions:

I. Cote

M. Grieco

T. Pilcher

J. Gaunt

A. Wong

E. Beyers

L. & W. Hickman

M. Rudy-Froese

P. Koop

J. Fowler

A. Gordon

W. Rogers

K. Snyder

O. Koop

Sarah

J. & A. Weber Steckly

M. Reynolds & N. Majury

K. Phillips

C. Puddy

A. Marshall

L. McDonald

A. Harding

T. Foster-Grieco

D. Kennedy

C. Snyder

The Committee was advised the applicant requested permission to permit a visibility obstruction (a fence) having a height of 1.83m within one side of the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT; a lot area of 393 sq.m. rather than the required 450 sq.m; a front yard setback of 3.8m rather than the required 4.5m; an exterior side yard setback abutting York Street of 2.5m rather than the required 4m; a building height of 12m rather than the maximum permitted 11m to facilitate the redevelopment of the property into an 8-unit multi-residential dwelling.

The Committee considered Development Services Department report DSD-2024-530, dated November 28, 2024, recommending deferral until June 17, 2025, or earlier, as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 26, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

T. Malone-Wright advised, the Committee deferred consideration of the subject application at the September 17, 2024 Committee of Adjustment meeting to allow the applicant an opportunity to prepare, submit and obtain approval of a Tree Protection and Enhancement Plan and Planning Justification. T. Malone-Wright noted the applicant has yet to provide the requested reports thus, Staff recommend a further deferral to the June 17, 2025 meeting, or earlier, to allow the applicants additional time to prepare and submit the Tree Protection and Enhancement Plan and Planning Justification report.

N. Ryan, Masri O Architects, J. Dantzer, and N. Podolean were in attendance in support of the staff recommendation noting the applicant requires additional time to address cultural heritage aspects in the Planning Justification report.

In response to questions from N. Ryan regarding the requirement for a Tree Protection and Enhancement Plan if the proposed location of the driveway is no longer pursued, the Committee advised due to the setback of the proposed building and its' impact to street trees, a Tree Protection and Enhancement Plan will still be required. J. Dantzer expressed disagreement noting the concrete located at the front yard has no impacts to street tress and will be maintained if the variance is approved. Further, J. Dantzer noted other properties along York Street have setbacks of 3.5m from their property lines thus, the requested 3.8m front yard setback is reasonable. 

M. Grieco provided comments in opposition to the application noting the proposed development sets precedent for further intensification in the subject area which will negatively impact the neighbourhood design characteristics.

Moved by B. Santos 

Seconded by M. Gambetti

• That the application of NADEJDA VLADCO and NATALIA PODOLEAN requesting a minor variance to permit a visibility obstruction (a fence) having a height of 1.83m within one side of the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT; a lot area of 393 sq.m. rather than the required 450 sq.m; a front yard setback of 3.8m rather than the required 4.5m; an exterior side yard setback abutting York Street of 2.5m rather than the required 4m; a building height of 12m rather than the maximum permitted 11m to facilitate the redevelopment of the property into an 8-unit multi-residential dwelling, on Lot 28, Plan 287, 96 Wood Street, Kitchener, Ontario, BE DEFERRED until June 17, 2025, or earlier to allow the applicants additional time to prepare and submit a Tree Protection and Enhancement Plan and Planning Justification report.

  Carried

5.2

B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-527

Submission No.: B 2024-017 & B 2024-018
Applicant: 1289193 Ontario Inc /co David Perrott
Property Location: 135 Gateway Park Drive
Legal Description: Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744

Appearances:

In Support:

E. Elliott

Contra:

None

Written Submissions:

None

B. McColl declared a pecuniary interest with respect to consent application B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-530 on the agenda this date due to owning property in close proximity to the subject property. Accordingly, B. McColl did not participate in any discussion or vote regarding this matter.

B. McColl left the meeting at this time.

The Committee was advised the applicant requested permission to create an easement over the retained parcel from Consent Application B 2024-017, in favour of the severed parcels created proposed to be created through Consent Applications B 2024-018 and B 2024-037. Further, the applicant requested permission to sever a parcel of land having a width of 180m, a depth of 84m and an area of 18,624sq.m., and to create an easement over the severed parcel, in favour of the retained parcel proposed to be created through Consent Application B 2024-017 and the severed parcel proposed to be created through Consent Application B 2024-037. Additionally, the applicant requested permission to sever an irregular parcel of land having a width of 84m, a depth of 65m and an area of 4,327sq.m., and to create an Easement over the severed parcel, in favour of the retained parcel proposed to be created through Consent Application B 2024-017 and the severed parcel proposed to be created through Consent Application B 2024-018. 

The Committee considered Development Services Department report DSD-2024-527, dated November 27, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the reports of the Region of Waterloo Transportation Planner, dated November 25, 2024, advising they have no concerns with the application subject to a condition as outlined in the report. 

The Committee considered the reports of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

The Chair noted Consent application B 2024-037 will be considered sequentially to the subject application as it relates to the subject property.

T. Malone-Wright advised, the Committee deferred consideration of the subject application at the August 20, 2024 Committee of Adjustment meeting to allow the applicant an opportunity to consult further with Staff and public agencies regarding proposed conditions of the application approval. It was noted the applicant has since revised the application to add an additional severance for each existing building to be located on a separate lot in order to be dealt with independently and has requested easements over both the severed and retained parcels in order to maintain access through the site for all properties. 

E. Elliott, MHBC Planning was in attendance in support of the staff recommendation.

• Submission No. B 2024-017

  Moved by B. Santos

  Seconded by M. Gambetti

  That the application of 1289193 ONTARIO INC requesting permission to create an easement over the retained parcel from Consent Application B 2024-017, in favour of the severed parcels created through Consent Applications B 2024-018 and B 2024-037, generally in accordance with the severance sketch, prepared by MHBC Planning, dated October 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

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

  1. 1. 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
     2. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City.

  5. That a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor.
  6. That the property owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximate 3-metre-wide road widening along the entire Gateway Park Drive frontage (retained and severed), as shown indicated on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of the City’s Director of Transportation Services.

  Prior to conveyance, the property Owner shall prepare, at their cost, a Phase I and if necessary, a Phase II Environmental Site Assessment (ESA) for the portion of the lands being dedicated for a road widening of Gateway Park Drive, to the satisfaction of the City’s Director of Engineering Services.

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. B 2024-018

  Moved by B. Santos

  Seconded by M. Gambetti

  That the application of 1289193 ONTARIO INC requesting to sever a parcel of land having a width of 180m, a depth of 84m and an area of 18,624sq.m., and to create an easement over the severed parcel, in favour of the retained parcel created through Consent Application B 2024-017 and the severed parcel created through Consent Application B 2024-037, generally in accordance with the severance sketch, prepared by MHBC Planning, dated October 2024 on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

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

  1. 1. 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
     2. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City.

  5. That a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor.
  6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
  7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services.
  9. That the property owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximate 3-metre-wide road widening along the entire Gateway Park Drive frontage (retained and severed), as shown indicated on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of the City’s Director of Transportation Services.

  Prior to conveyance, the property owner shall prepare, at their cost, a Phase I and if necessary, a Phase II Environmental Site Assessment (ESA) for the portion of the lands being dedicated for a road widening of Gateway Park Drive Avenue, to the satisfaction of the City’s Director of Engineering Services.

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

  The property owner shall obtain a Building Permit for any remedial work/upgrades required by the Building Code Assessment.

  It is the opinion of this Committee that:

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

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

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

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

  Carried

6.

NEW BUSINESS

6.1

B 2024-037 - 135 Gateway Park Drive, DSD-2024-527

Submission No.: B 2024-037
Applicant: 1289193 Ontario Inc c/o David Perrott
Property Location: 135 Gateway Park Drive
Legal Description: Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744

Appearances:

In Support:

E. Elliott

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever an irregular parcel of land having a width of 180m along King Street and an area of 4,327 sq.m., shown as Part 3 on the severance plan attached to the application. The retained land will have a width of 58m along King Street East and an area of 12,623 sq.m. Consent is also requested to create an easement having an approximate area of 494 sq.m. for access purposes over Part 4 shown on the severance plan attached to the application. 

The Committee considered Development Services Department report DSD-2024-527, dated November 27, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 25, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

E. Elliott, MHBC Planning, was in attendance in support of the staff recommendation.

Moved by B. Santos

Seconded by M. Gambetti

• That the application of 1289193 ONTARIO INC requesting permission to sever an irregular parcel of land having a width of 84m, a depth of 65m and an area of 4,327sq.m., and to create an Easement over the severed parcel, in favour of the retained parcel created through Consent Application B 2024-017 and the severed parcel created through Consent Application B 2024-018, generally in accordance with the severance sketch, prepared by MHBC Planning, dated October 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

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

  1. 1. 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
     2. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City.

  5. That a satisfactory Solicitor’s Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor.
  6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
  7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services.
  9. That the property owner shall complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels of land, prepared by a Qualified Person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City’s Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings’ wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results.

  The property owner shall obtain a Building Permit for any remedial work/ upgrades required by the Building Code Assessment.

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

  It is the opinion of this Committee that:

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

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

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

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

  Carried

6.2

A 2024-107 - 15-105 Mooregate Crescent, DSD-2024-536

B. McColl returned to the meeting at this time.

Submission No.: A 2024-107
Applicant: Region of Waterloo c/o Dave Pawelko 
Property Location: 15-105 Mooregate Crescent
Legal Description: Lot 12, Plan 1268

Appearances:

In Support:

R. White

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a 2.9m westerly interior side yard setback rather than the required 4.5m; a maximum Gross Floor Area (GFA) of 1,100 sq.m, for individual non-residential use whereas a maximum GFA of 600 sq.m.is permitted; to permit dwelling units located at ground floor level to have no patio area adjacent to the dwelling unit with direct access to such dwelling unit; to add a Health Clinic and Social Service Establishment as permitted uses; to permit balconies 1.1m from the street line rather than the required 3m; having 303 parking spaces rather than the required 378 parking spaces (1 space per unit); having non-residential uses subject to the Multi-Unit Parking Rate with a gross floor area (GFA) of 2657 sq.m.; 32 parking spaces rather than the required 78 parking spaces (1 space per 35 sq.m.); and, having parking spaces to be assigned uses in the following quantities: dwelling units having a minimum of 303 parking spaces, nonresidential uses having a minimum of 32 parking spaces and a minimum of 30 parking spaces for visitors rather than all parking spaces being shared between uses and unassigned to facilitate the redevelopment of the property with residential, social services and convenience retail uses.

The Committee considered Development Services Department report DSD-2024-536, dated December 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

R. White, SvN - Architects + Planners, was in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by B. Santos

• That the application of REGIONAL MUNICIPALITY OF WATERLOO requesting minor variances to permit a 2.9m westerly interior side yard setback rather than the required 4.5m; a maximum Gross Floor Area (GFA) of 1,100 sq.m, for individual non-residential use whereas a maximum GFA of 600 sq.m.is permitted; to permit dwelling units located at ground floor level to have no patio area adjacent to the dwelling unit with direct access to such dwelling unit; to add a Health Clinic and Social Service Establishment as permitted uses; to permit balconies 1.1m from the street line rather than the required 3m; having 303 parking spaces rather than the required 378 parking spaces (1 space per unit); having non-residential uses subject to the Multi-Unit Parking Rate with a gross floor area (GFA) of 2657 sq.m.; 32 parking spaces rather than the required 78 parking spaces (1 space per 35 sq.m.); and, having parking spaces to be assigned uses in the following quantities: dwelling units having a minimum of 303 parking spaces, nonresidential uses having a minimum of 32 parking spaces and a minimum of 30 parking spaces for visitors rather than all parking spaces being shared between uses and unassigned to facilitate the redevelopment of the property with residential, social services and convenience retail uses, generally in accordance with drawings prepared by SvN - Architects + Planners, on Lot 12, Plan 1268, 15 -105 Mooregate Crescent, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.3

A 2024-108 - 42 Wendy Crescent, DSD-2024-523

Submission No.: A 2024-108
Applicant: Mariusz & Magdalena Gawronski
Property Location: 42 Wendy Crescent
Legal Description: Part Lot 10, Plan 1661; being Part 2 on Reference Plan 58R-6172

Appearances:

In Support:

M. Gawronski

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a maximum height to the underside of the fascia of 4.3m rather than the permitted 3m to facilitate the construction of an accessory structure in the rear yard of the subject property.

The Committee considered Development Services Department report DSD-2024-523, dated December 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

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

Moved by M. Gambetti

Seconded by B. Santos 

• That the application of MAGDALENA EZBIETA GAWRONSKA and MARIUSZ GAWRONSKI requesting a minor variance to permit a maximum height to the underside of the fascia of 4.3m rather than the permitted 3m to facilitate the construction of an accessory structure in the rear yard of the subject property, generally in accordance with drawings by View-it Design, dated March 2024, on Part Lot 10, Plan 1661; being Part 2 on Reference Plan 58R-6172, 42 Wendy Crescent, 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

6.4

A 2024-109 - 25 Sandsprings Crescent, DSD-2024-515

Submission No.: A 2024-109
Applicant: Kristen McKellar & Richard McKellar
Property Location: 25 Sandsprings Crescent
Legal Description: Lot 531, Plan 1375

Appearances:

In Support:

K. McKellar

R. McKellar

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a driveway to be located 0m from the front (easterly) lot line rather than the required 1.2m to recognize the location of an existing driveway.

The Committee considered Development Services Department report DSD-2024-515, dated November 26, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

K. McKellar and R. McKellar were in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by M. Gambetti 

• That the application of KRISTIN MCKELLAR and RICHARD MCKELLAR requesting a minor variance to permit a driveway to be located 0m from the front (easterly) lot line rather than the required 1.2m to recognize the location of an existing driveway, on Lot 531, Plan 1375, 25 Sandsprings Crescent, 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 2024-111 - 124 Cedar Street South, DSD-2024-522

Submission No.: A 2024-111
Applicant: Nicholas Vining
Property Location: 124 Cedar Street South
Legal Description: Part Lot 18, Plan 390

Appearances:

In Support:

N. Vining

M. Muller

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a front yard setback of 2m rather than the required 4.5m to facilitate the construction of a 2-storey addition, a porch and ground supported a balcony in the front yard of the existing dwelling.

The Committee considered Development Services Department report DSD-2024-522, dated November 27, 2024, recommending approval subject to a condition as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

N. Vining and M. Muller, John MacDonald Architect Inc., were in attendance in support of the staff recommendation. In response to questions from the Committee regarding the driveway encroachment onto the neighbouring property, N. Vining advised of his intention to rectify this issue in 2025. 

Moved by B. Santos

Seconded by M. Gambetti 

• That the application of NICHOLAS WILLIAM EDWARD VINING requesting a minor variance Zoning By-Law 2019-051 an 85-1 to permit a front yard setback of 2m rather than the required 4.5m to facilitate the construction of a 2-storey addition, a porch and ground supported a balcony in the front yard of the existing dwelling, in accordance with drawings prepared by John MacDonald Architect, dated November 1, 2024, on Part Lot 18, Plan 390, 124 Cedar Street South, Kitchener, Ontario, BE APPROVED.

  This Minor Variance shall become effective only at such time as By-law 2024-065 (for Protected Major Transit Station Areas Lands) comes into force and effect, 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 and effect as of the final date of this decision.

  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 2024-112 - 578 Guelph Street, DSD-2024-533

Submission No.: A 2024-112
Applicant: Simon Wong
Property Location: 578 Guelph Street
Legal Description: Lot 14, Plan 750

Appearances:

In Support:

S. Wong

Contra:

None

Written Submissions:

None

B. McColl declared a pecuniary interest with respect to minor variance application A 2024-112 - 578 Guelph Street, DSD-2024-533 on the agenda this date to a family member residing in close proximity to the subject property. Accordingly, B. McColl did not participate in any discussion or vote regarding this matter.

B. McColl left the meeting at this time.

The Committee was advised the applicant requested permission to permit at-grade steps to be setback 0.12m from the easterly lot line rather than the required 0.5m; and, having a front yard setback of 5.15m rather than the required 6.61m, to facilitate the construction of a second floor balcony supported by the ground of a detached dwelling unit on the 2nd floor and the construction of an unobstructed walkway leading to an Additional Dwelling Unit (Detached) in the rear yard.

The Committee considered Development Services Department report DSD-2024-533, dated November 29, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

S. Wong was in attendance in support of the staff recommendation. In response to questions from the Committee regarding the number of dwelling units intended to be constructed, S. Wong noted three dwelling units are proposed. T. Malone-Wright confirmed Staff received a declaration from the applicant confirming the main building will be used for a duplex and the detached unit at the rear of the property will be used for one dwelling unit. 

In response to questions from the Committee, T. Malone-Wright advised 4 units are permitted at the property subject to building permit approval. In response to further questions from the Committee, D. Seller confirmed the proposed parking configuration at the subject property is permitted.

S. Hannah noted he would not be voting in favour of approval of the Staff recommendation as the plan provided with the application gives the impression the applicant is attempting to construct 4 dwelling units rather than 3. Further, S. Hannah noted the proposed parking configuration requires majority of the front yard to be covered in asphalt.

B. Santos noted he would not be voting in favour of approval of the Staff recommendation as the proposed development does not seem compatible with the size of the subject lot.

In response to questions from the Committee, T. Malone Wright clarified construction of the proposed ADU is permitted whether or not the variance is approved by the Committee this date, however, the applicant is requesting a minor variance related to the walkway as they wish to install steps. T. Malone-Wright noted the proposed ADU will be compliant with the Zoning By-Law if the walkway is a slope rather than steps.

The following motion was then voted on and was LOST with M. Gambetti voting in favour; and, B. Santos and S. Hannah voting in opposition.

It was noted, as a result of the application being voted on and LOST, Minor Variance Application A 2024-112 - 578 Guelph Street outlined in Development Services Department report DSD-2024-533, has effectively been refused.

Moved by M. Gambetti

Seconded by B. Santos 

• That the application of KAITLYNN LEISA WONG and SIMON WONG and ZORAN BOGUNOVIC requesting minor variances to permit at-grade steps to be setback 0.1m from the easterly lot line rather than the required 0.5m; and, having a front yard setback of 5.15m rather than the required 6.61m, to facilitate the construction of a second floor balcony supported by the ground of a detached dwelling unit on the 2nd floor and the construction of an unobstructed walkway leading to an Additional Dwelling Unit (Detached) in the rear yard, generally in accordance with drawings prepared by Bobicon Ltd., dated November 11, 2024, on Lot 14, Plan 750, 578 Guelph Street, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

  1. The variances requested in this application are not minor.
  2. This application is not desirable for the appropriate development of the property.
  3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is not 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 2024-113 - 1838 Trussler Road, DSD-2024-519

Submission No.: A 2024-113
Applicant: Dan DeBoer
Property Location: 1838 Trussler Road
Legal Description: Tract German Company Part Lot 150

Appearances:

In Support:

B. Flewwelling

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a driveway having a width of 11m rather than the maximum permitted 8m; and, to permit the existing use of a Single Detached Dwelling to have a front yard setback of 24.3m rather than the maximum permitted 10m (32.3m is the existing front yard setback), a northerly side yard setback of 16.5m rather than the maximum permitted 10m (25.8m is the existing northerly side yard setback), a southerly side yard setback of 14.6m rather than the maximum permitted 10m (20.7m is the existing southerly side yard setback) to facilitate the reconstruction of the existing single detached dwelling and wider driveway. 

The Committee considered Development Services Department report DSD-2024-519, dated November 18, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2024, advising any changes within the Region's right-of-way will require an Access Permit.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

B. Flewwelling, GSP Group Inc., was in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by B. Santos 

• That the application of DANIEL ROBERT DEBOER and SUSAN EILEEN DEBOER requesting minor variances to permit a driveway having a width of 11m rather than the maximum permitted 8m; and, to permit an Existing Dwelling to have a front yard setback of 24.3m rather than existing 32.3m, a northerly side yard setback of 16.5m rather than the existing 25.8m, a southerly side yard setback of 14.6m rather than the existing 20.7m; and, a rear yard setback of 26.3m rather than the existing 21.5m to facilitate the reconstruction of the existing single detached dwelling and wider driveway, generally in accordance with drawings prepared by Erich R. Rube, dated September 18, 2024, on German Tract Company Part Lot 150, 1838 Trussler Road, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.8

B 2024-038 - 250 Shirley Avenue, DSD-2024-509

Submission No.: B 2024-038
Applicant: Hidayath Holdings Inc c/o Farhan Hidayath
Property Location: 250 Shirley Avenue
Legal Description: Tract German Company Part Lot 122

Appearances:

In Support:

T. Gurtler

S. Shaw

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a parcel discharge of a mortgage on an irregular parcel of land having an area of 0.15 hectares at the rear of the subject land municipally addressed as 250 Shirley Avenue. The subject land is proposed to be conveyed as a lot addition (approved in Consent Application B 2024-019) to the land municipally addressed as 260 Shirley Avenue. 

The Committee considered Development Services Department report DSD-2024-509, dated November 27, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 25, 2024, advising they have no concerns with the application subject to a condition as outlined in the report. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

T. Gurtler, Kingsley Management and S. Shaw, Kingsley Management, were in attendance in support of the staff recommendation.

Moved by B. Santos 

Seconded by M. Gambetti

• That the application of HIDAYATH HOLDINGS INC requesting permission to permit a parcel discharge of a mortgage on an irregular parcel of land having an area of 0.15 hectares at the rear of the subject land municipally addressed as 250 Shirley Avenue to be conveyed as a lot addition (approved in Consent Application B 2024-019) to the land municipally addressed as 260 Shirley Avenue, on Tract German Company Part Lot 122, 250 Shirley Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.

  It is the opinion of this Committee that:

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

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

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

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

  Carried

6.9

B 2024-039 & B 2024-040 - 120 Keewatin Avenue, DSD-2024-532

Submission No.: B 2024-039
Applicants: Drago Sindjic and Guy Furoy
Property Location: 120 Keewatin Avenue
Legal Description: Lot 34, Plan 1515

Appearances:

In Support:

C. Dumart

Contra:

T. Weinstein

C. Maloney

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land (identified as Parcel A on the plan submitted with the application) having a width of 7.5m, a depth of 30.5m and an area of 225 sq.m. and is proposed to contain a new semi-detached dwelling. Consent is also requested to sever a parcel of land (identified as Parcel B on the plan submitted with the application) having a width of 7.5m, a depth of 31.5m and an area of 230 sq.m. and is proposed to contain a new semi-detached dwelling. The retained land will have a width of 14.8m, a depth of 31.5m and an area of 788 sq.m. and will contain an existing detached dwelling.

The Committee considered Development Services Department report DSD-2024-532, dated November 27, 2024, recommending deferral to the February 18, 2025, meeting, or earlier as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 25, 2024, advising they have no concerns with the application subject to conditions as outlined in the report. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

T. Malone-Wright advised following further discussions with the applicant, Staff are now recommending approval of the application as it has been determined, removal of the City-owned Street Tree is required in order to facilitate the construction of a driveway. As such, Staff are recommending Condition 12 outlined in Development Services Department report, DSD-2024-532 be amended to state "the owner shall make arrangements regarding financial compensation for the street tree to be removed, to the satisfaction of the City's Director of Parks and Cemeteries". 

C. Dumart was in attendance in support of the staff recommendation advising he has been in consultation with the Region of Waterloo, and they have confirmed they are agreeable with Condition 15  outlined in report, DSD-2024-532  being amended to state "that the property owner shall enter into an agreement with the appropriate authority for noise impact mitigation measures, with respect to building materials/systems and/or noise warning clause".

T. Weinstein provided comments in opposition noting the proposed dwelling is incompatible with the neighbourhood design characteristics. Safety concerns were also raised related to the proposed driveways being in close proximity to a crosswalk and a busy road intersection. C. Maloney also provided comments in opposition to the application noting there is already a high volume of traffic in the subject area and the proposed development will facilitate increased traffic and parking congestion.

In response to questions from the Committee, D. Seller advised the proposed driveways are located outside the Driveway Visibility Triangle and further, it is not anticipated that cars exiting out of the driveway will interfere with the nearby crosswalk. Further, D. Seller advised vehicular traffic in the subject area is an existing condition which cannot be addressed unless there was a realignment of the roadway.

B. McColl brought a forward a motion for the application to be deferred to the December 9, 2025 Committee of Adjustment meeting, or earlier, to allow the applicant an opportunity to construct the proposed dwellings prior to severance of the lot and, for the applicant to address safety concerns related to the lot being in close proximity to a busy road intersection. The deferral motion was seconded by M. Gambetti. 

S. Hannah noted he would be voting in favour of the deferral as he is not in support of lots being severed prior to the foundation being installed as this process may introduce surveying mistakes. Further, S. Hannah noted this subject lot is pie-shaped and alternative building configurations which may address the safety concerns related to the lot being in close proximity to a busy road intersection could be considered. B. Santos expressed agreement and noted he would also be voting in favour of the deferral motion. 

The following motion was then voted on and was Carried.

Moved by B. McColl

Seconded by M. Gambetti  

• Submission No. B 2024-039

  Moved by

  Seconded by

  That the application of DRAGO SINDJIC and GUY FUROY requesting permission to sever a parcel of land (identified as Parcel A on the plan submitted with the application) having a width of 7.5m, a depth of 30.5m and an area of 225 sq.m. which is proposed to contain a new semi-detached dwelling, on Lot 34, Plan 1515, 120 Keewatin Avenue, Kitchener, Ontario, BE DEFERRED until December 9, 2025, or earlier to allow the applicant an opportunity to construct the proposed dwellings prior to severance of the lot; and, for the applicant to address safety concerns related to the lot being in close proximity to a busy road intersection.

   

   

  Carried
• Submission No. B 2024-040

  Moved by

  Seconded by

  That the application of DRAGO SINDJIC and GUY FUROY requesting permission to sever a parcel of land (identified as Parcel B on the plan submitted with the application) having a width of 7.5m, a depth of 31.5m and an area of 230 sq.m. which is proposed to contain a new semi-detached dwelling, on Lot 34, Plan 1515, 120 Keewatin Avenue, Kitchener, Ontario, BE DEFERRED until December 9, 2025, or earlier to allow the applicant an opportunity to construct the proposed dwellings prior to severance of the lot; and, for the applicant to address safety concerns related to the lot being in close proximity to a busy road intersection. 

  Carried

6.10

B 2024-041 to B 2024-047 & A 2024-114 to A 2024-119 - 217, 221, 225, 229, 233 Lancaster Street East & 98-102 Weber Street East, DSD-2024-531

Submission No.: B 2024-041 to B 2024-047 & A 2024-114 to A 2024-119
Applicants: 1678838 Ontario Inc c/o William Reitzel / Lisa Willms
Property Location: 217, 221, 225, 229, 233 Lancaster Street East & 98-102 Weber Street East
Legal Description: Lots 4 & 5, Plan 159; Part Lot 1, Plan 364; Lot 3, Plan 26

Appearances:

In Support:

B. Reitzel

D. Galbraith

M. Warzecha

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to: 

Consent Application B 2024-041 - 98, 102, 221-233 Weber Street East 

Requesting consent to sever a triangular-shaped parcel of land having a width of 6.8m, a southerly depth of 10.9m, and an area of 36.8 sq.m. to be conveyed as a lot addition to the land municipally addressed as 217 Lancaster Street East. Permission is further requested to create 4 new lots fronting on to Lancaster Street East for residential use, there will be two retained parcels one at the corner of Irvin Street and Lancaster Street and the second having frontage on Weber Street East, the overall parcel is irregular in shape. 

Consent Application B 2024-042 – 221 Lancaster Street East 

Lot Width (Frontage on Lancaster Street East) – 11.2m 

Depth – 22m 

Area – 240.1 sq.m. 

Minor variances to Zoning By-Law 85-1 are also being requested (Minor Variance Application A 2024-116) for 221 Lancaster Street East to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; and, minor variances to Zoning By-Law 2019-051 and 85-1 to permit a front/exterior porch setback of 0m rather than the required 3m; and, to allow a front yard setback of 1.9m rather than the required 4.5m. 

Consent Application B 2024-043 – 225 Lancaster Street East 

Lot Width (Frontage on Lancaster Street East) – 17.8m 

Depth – 22.7 

Area – 397.2 sq.m. 

Minor variances to Zoning By-Law 85-1 are also being requested (Minor Variance Application A 2024-117) for 225 Lancaster Street East to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT. Minor variances to Zoning By-Law 2019-051 and 85-1 are being requested to allow for two driveway accesses whereas the By-law only permits one; to provide 0 bicycle spaces, rather than the required 2; having a front yard setback of 1.6m rather than the required 4.5m; and, to permit steps to be less than 0.6m in height to be located 0m from the lot line rather than the required 0.5m setback. Further, a minor variance to Zoning By-Law 2019-051 is being requested permit 217 Lancaster Street to provide no Class C Bicycle Parking rather than the required two spaces. 

Consent Application B 2024-044 – 229 Lancaster Street East 

Lot Width (Frontage on Lancaster Street East) - 12.8m 

Northerly Depth – 22.7m 

Area 292.8 sq.m. 

Minor variances to Zoning By-Law 85-1 are also being requested (Minor Variance Application A 2024-118) for 229 Lancaster Street East to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT Further, a minor variance to Zoning By-Law 2019-051 and 85-1 is being requested to permit a rear yard setback of 4.0m rather than the required 7.5m. 

Consent Application B 2024-045 – 233 Lancaster Street East  

Lot Width (Frontage on Lancaster Street East) - 14.3m 

Northerly Depth – 26.6m 

Area 375.2 sq.m. 

A minor variance to Zoning By-Law 85-1 is also being requested to permit 233 Lancaster Street (Minor Variance Application A 2024-119) to have obstructed Driveway Visibility Triangles whereas no obstruction to visibility is permitted. Minor variances to Zoning By-Law 2019-051 and 85-1 are also being requested to permit 233 Lancaster Street to have an exterior porch setback 0m from the front lot line rather than the required 3.0m; having a front yard setback of 1.8m rather than the required 4.5m; a side yard setback of 0m rather than the required 1.2 m; and, to provide 6.0% of front yard landscaping rather than the required 20%. Further, a minor variance to Zoning By-Law 2019-051 is being requested to permit 0 Class C bicycle parking spaces rather than the two required spaces.   

Consent Application B 2024-046 - 217 Lancaster Street East 

Requesting consent to sever a triangular-shaped parcel of land having a width of 6.7m, a northerly depth of 10.4m, and an area of 24.7 sq.m. to be conveyed as a lot addition to the land municipally addressed as 221 Lancaster Street East.  

Consent Application B 2024-047 - 217 Lancaster Street East 

Requesting consent to sever a triangular-shaped parcel of land having a width of 22.5m, a northerly depth of 27.6m, and an area of 316.9 sq.m. to be conveyed as a lot addition to the land municipally addressed as 98, 102 Weber Street East. 

A 2024-115 - 217 Lancaster Street East (Retained Parcel) 

Minor variances to Zoning By-Law 2019-051 and 85-1 are being requested for the retained parcel to permit a rear yard setback of 7.3m rather than the required 7.5m; to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; to provide no bicycle parking spaces rather than the required 2; to allow a front yard setback of 4.2m rather than the required 4.5m; to allow an exterior side yard of 1.9 rather than the required 4.5m; to allow a minimum lot width of 11.4m rather than the required 15m; to allow a front/exterior porch to be setback of 0.75m rather than the required 3m; and, to permit a balcony to be supported from the ground within the front yard with a setback of 0.75m rather than the required 3m. Further, minor variances to Zoning By-Law 2019-051 are being requested permit 217 Lancaster Street to have a corner lot width of 11.4m rather than the required 12.8m; to provide no Class C Bicycle Parking rather than the required two spaces; to permit a balcony to be setback 0.75m from front lot line rather than the required 3m; and, to allow the driveway width to be 45% of the lot width rather than the permitted 40%. 

Retained Parcel – 98-102 Weber Street East 

Lot Width (Frontage on Weber Street East) - 36.9m 

Depth – 46.7m 

Area – 2,233.7 sq.m. 

Minor variances to Zoning By-Law 2019-051 and 85-1 are being requested for the retained land for the property municipally addressed as 98-102 Weber Street East (Minor Variance Application A 2024-114) to permit 2 single detached dwellings on one parcel, whereas the By-law only permits 1, to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; to permit a front/exterior porch over 0.6m in height, having a 1.6m setback from the front lot line rather than the required 4.5m; to provide no bicycle parking spaces rather than the required 2; to permit a front yard setback of 2.8m rather than the required 4.5m; and, to permit a balcony to be supported by the ground and setback 1.6m whereas it is required that a balcony not be supported by the ground and have a minimum setback of 3m. Further, minor variances to Zoning By-Law 2019-051 are being requested to permit steps that exceed 0.6m in height to be setback 1.6m from the street line rather than the required 3.0m; and, to permit a front/exterior porch exceeding 1.0m in height to be setback 1.6m from the front lot line rather than the required 3.0m. 

The Committee considered Development Services Department report DSD-2024-531, dated December 3, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the reports of the Region of Waterloo Transportation Planner, dated November 18, 2024 and November 25, 2024, advising they have no concerns with the application subject to conditions as outlined in the report. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

T. Malone-Wright advised the Committee of a revision required to the Staff recommendation for minor variance application A 2024-115 outlined in Development Services Department report DSD-2024-531 and requested that the Staff recommendation be amended to state a variance for the "exterior side yard setback" rather than "existing side yard setback"; and, condition 5 be removed for consent application B 2024-047 as it is no longer required as there is no shed on the subject property.

D. Galbraith, Up Consulting Ltd., M. Warzecha and B. Reitzel were in attendance in support of the staff recommendation and the amendments presented by Staff. D. Galbraith requested an additional amendment to omit condition 5 for consent application B 2024-041 outlined in the Staff recommendation noting, the request for a Tree Management Plan is not necessary as the purpose of the application is to re-establish lot lines and there will no building construction on the lot.

T. Malone Wright noted Staff are not in support of the removal of the condition requiring a tree management plan as this condition ensures protection of trees on the subject property. Further, it was noted Staff requested the applicant provide a Tree Preservation Plan as part of the application however, as the applicant was unable to provide the plan, Staff agreed to process the application with the requirement for a Tree Preservation Plan as a condition of the application approval. In response, D. Galbraith noted an inventory of trees at the subject site was completed as part of the application process however, as there is no development proposed at the subject site, the requirement for a Tree Preservation plan is unnecessary. D. Galbraith noted if there is any future development, protection of tress can be addressed through a site plan application process. 

Due to the request for an amendment for consent application B 2024-041, S. Hannah requested this application be voted on separately. 

B. McColl brought forward a motion to approve the subject applications (except for B 2024-041) including the amendments presented by Staff which was seconded by M. Gambetti, was voted on and was Carried.

B. McColl brought forward a motion to approve the Staff recommendation for consent application B 2024-041 as outlined in report DSD-2024-531 which was seconded by B. Santos, was voted on and was Carried.

• Submission No. A 2024-114

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting minor variances to Zoning By-Law 85-1 to permit 2 single detached dwellings on one parcel whereas the By-law only permits 1, to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; to permit a front/exterior porch over 0.6m in height above finished grade level to be setback 1.6m from the front lot line rather than the required 4.5m; to provide no bicycle parking spaces rather than the required 2; to permit a front yard setback of 2.8m rather than the required 4.5m; and, to permit a balcony to be supported by the ground and setback 1.6m whereas it is required that a balcony not be supported by the ground and have a minimum setback of 3m; and, minor variances to Zoning By-Law 2019-051 to permit 2 single detached dwellings on one parcel whereas the By-law only permits 1; to allow a front yard setback of 2.8m rather than the required 4.5m; to permit a front/exterior porch to exceed 1.0m in height above ground and to be setback 1.6m from the front lot line rather than the required 3.0m; to provide no Class C Bicycle Parking rather than the required two spaces; to permit a balcony to be supported by the ground and to be setback 1.6m from the street line, whereas a balcony is not permitted to be supported by the ground and requires a setback of 3.0m; and, to permit steps that exceed 0.6m in height to be setback 1.6m from the street line rather than the required 3.0m, to facilitate the legalization of two existing dwellings (1 Single Detached Dwelling without Additional Dwelling Units at 98 Weber Street East and 1 Single Detached Dwelling with 1 Additional Dwelling Unit (Attached) at 102 Weber Street East) on the Retained Lot, as determined through Consent Applications B 2024-041 – B 2024-047, generally in accordance with the drawings entitled Severance Sketch – Retained Parcel – 98, 102 Weber Street East attached to Development Services Department report DSD-2024-531, on Part Lot 1, Plan 364; Lot 3, Plan 26, 98-102 Weber Street East, Kitchener, Ontario, BE APPROVED.

  This Minor Variance shall become effective only at such time as By-law 2024-065 for Protected Major Transit Station Areas Lands comes into force and effect, 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 and effect 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
• Submission No. A 2024-115

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of LISA MARIE WILLMS and WILLIAM JOSEPH REITZEL requesting minor variances to Zoning By-Law 85-1 to permit a rear yard setback of 7.3m rather than the required 7.5m; to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; to provide no bicycle parking spaces rather than the required 2; to permit a balcony to be supported from the ground and setback 0.75m from the front lot line rather than the required 3m; to allow a front yard setback of 4.2m rather than the required 4.5m; to allow an exterior side yard setback of 1.9m; to allow a minimum lot width of 11.4m rather than the required 15m; to allow a front/exterior porch to be setback of 0.75m from the front lot line rather than the required 3m; and, minor variances to Zoning By-Law 2019-051 to permit 217 Lancaster Street East to have a corner lot width of 11.4m rather than the required 12.8m; to allow a front yard setback of 4.2m rather than the required 4.5m; to permit a rear yard setback of 7.3m rather than the required 7.5m; to permit a porch to be setback 0.75m from the street line whereas 3.0m is required; to provide no Class C Bicycle Parking rather than the required two spaces; to allow an exterior side yard setback of 1.9m rather than the required 4.5m; to permit a balcony to be setback 0.75m from front lot line rather than the required 3m; and, to allow the driveway width to be 45% of the lot width rather than the permitted 40%, to facilitate legalization of an existing Single Detached Dwelling with 2 Additional Dwelling Units (Attached) on the lot established through Consent Applications B 2024-041 – B 2024-047, generally in accordance with the drawings entitled Severance Sketch – Lot Line Adjustment – 217 Lancaster Street East, Kitchener attached to Development Services Department report, DSD-2024-531 on Part Lots 4 & 5, Plan 159, 217 Lancaster Street East, Kitchener, Ontario, BE APPROVED.

  This Minor Variance shall become effective only at such time as By-law 2024-065 for Protected Major Transit Station Areas Lands comes into force and effect, 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 and effect 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
• Submission No. A 2024-116

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting minor variances to Zoning By-Law 2019-051 and 85-1 to permit a front/exterior porch to be setback 0m from the front lot line rather than the required 3m; and, to allow a front yard setback of 1.9m rather than the required 4.5m; and, minor variances to Zoning By-Law 85-1 to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT to facilitate legalization of an existing Single Detached Dwelling without Additional Dwelling Units on the lot established though Consent Applications B 2024-041 – B 2024-047, generally in accordance with the drawings entitled Severance Sketch – Severed Lot 1 – 221 Lancaster Street East, Kitchener attached to Development Services Department report DSD-2024-531, on Lot 4, Plan 364, 221 Lancaster Street East, Kitchener, Ontario, BE APPROVED.

  This Minor Variance shall become effective only at such time as By-law 2024-065 for Protected Major Transit Station Areas Lands comes into force and effect, 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 and effect 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
• Submission No. A 2024-117

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting minor variances to Zoning By-Law 85-1 to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; to permit two driveway accesses whereas the By-law only permits one; to provide 0 bicycle spaces rather than the required 2; to allow a front yard setback of 1.6m rather than the required 4.5m; and, to permit steps less than 0.6m above grade to be located 0m from the lot line rather than the required 0.5m; and, minor variances to Zoning By-Law 2019-051 to permit a front yard setback of 1.6m rather than the required 4.5m; to provide no Class C bicycle parking whereas two spaces are required; to permit two driveway accesses whereas only one access point from each street or lane is permitted; and to permit steps to be located 0m from a lot line rather than the required 0.5m, to facilitate legalization of an existing Single Detached Dwelling with 3 Additional Dwelling Units (Attached) on the lot established though Consent Applications B2024-041 – B2024-047, generally in accordance with the drawings entitled Severance Sketch – Severed Lot 2 – 225 Lancaster Street East, Kitchener attached to Development Services Department report DSD-2024-531 on Lot 4, Plan 364, 225 Lancaster Street East, Kitchener, Ontario, BE APPROVED.

  This Minor Variance shall become effective only at such time as By-law 2024-065 for Protected Major Transit Station Areas Lands comes into force and effect, 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 and effect 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
• Submission No. A 2024-118

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting minor variances to Zoning By-Law 85-1 to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; to allow a rear yard setback of 4.0m rather than the required 7.5m; and, a minor variances to Zoning By-Law 2019-051 to permit a rear yard setback of 4.0m rather than the required 7.5m., generally in accordance with the drawings entitled Severance Sketch – Severed Lot 3 – 229 Lancaster Street East, Kitchener attached to Development Services Department report DSD-2024-53, on Lot 4, Plan 364, 229 Lancaster Street East, Kitchener, Ontario, BE APPROVED.

  This Minor Variance shall become effective only at such time as By-law 2024-065 for Protected Major Transit Station Areas Lands comes into force and effect, 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 and effect 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
• Submission No. A 2024-119

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting minor variances to Zoning By-Law 85-1 to permit obstructed Driveway Visibility Triangles whereas no obstruction to visibility is permitted; to have an exterior porch setback 0m from the front lot line rather than the required 3.0m; to provide 6.0% of front yard landscaping rather than the required 20%; to provide no bicycle parking whereas two spaces are required; having a front yard setback of 1.8m rather than the required 4.5m; a side yard setback of 0m rather than the required 1.2m; and, minor variances to Zoning By-Law 2019-051 to permit 233 Lancaster Street East to have an exterior porch setback 0m from the front lot line rather than the required 3.0m; having a front yard setback of 1.8m rather than the required 4.5m; a side yard setback of 0m rather than the required 1.2 m; to provide 6.0% of front yard landscaping rather than the required 20%; and, to permit 0 Class C bicycle parking spaces rather than the two required spaces, to facilitate legalization of an existing Single Detached Dwelling with 2 Additional Dwelling Units (Attached) on the lot established through Consent Applications B 2024-041 – B 2024-047, generally in accordance with the drawings entitled Severance Sketch – Severed Lot 4 – 233 Lancaster Street East, Kitchener Kitchener attached to Development Services Department report DSD-2024-53,  on Lot 4, Plan 364, 233 Lancaster Street East, Kitchener, Ontario, BE APPROVED.

  This Minor Variance shall become effective only at such time as By-law 2024-065 for Protected Major Transit Station Areas Lands comes into force and effect, 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 and effect 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
• Submission No. B 2024-041

  Moved by B. McColl

  Seconded by B. Santos

  That the application of LISA MARIE WILLMS and WILLIAM JOSEPH REITZEL requesting permission to sever a triangular-shaped parcel of land having an area of 36.8sq.m. to be conveyed as a lot addition to the land municipally addressed as 217 Lancaster Street East, generally in accordance with the drawing entitled Lot Line Addition A attached to Development Services Department report DSD-2024-531, on Part Lots 4 & 5, Plan 159, 217 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-115 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That prior to deed endorsement, the property owner shall:

  1. Submit a Tree Preservation / Enhancement Plan (TP/EP), in accordance with the City’s Tree Management Policy, for the Retained Lands (i.e., 98-102 Weber Street East), to the satisfaction of the City’s Director, Development and Housing Approvals. Said TP/EP shall include, among other matters specified in Section 3.4 and Appendix ‘C’ of Kitchener’s Tree Management Policy, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved, removed and/or impacted. If necessary, the plan shall include required mitigation and or compensation measures.
  2. 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, Development and Housing Approvals, which shall include the following:

  1. The property owner shall implement the above referenced Tree Preservation / Enhancement Plan (TP/EP) prior to any demolition, grading, servicing, tree removal or the issuance of building permits – whichever comes first;
  2. No changes to the said TP/EP shall be granted except with the prior approval of the City’s Director, Development and Housing Approvals; and
  3. The property owner shall maintain the lands in accordance with the approved TP/EP, for the life of the development.

  6. That the property owner shall:

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

  7. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

  8.That the property owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration.

  Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor.  

  9. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  10. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures:

  That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East:

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

  That the Owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region.

  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, as amended
• Submission No. B 2024-042

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting permission to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate width of 11.2m on Lancaster Street East, a depth of 21.8m and an area of 205.4sq.m., generally in accordance with the drawing entitled Severed Lot 1 – 221 Lancaster Street East attached to Development Services Department report DSD-2024-531 on Lot 4, Plan 364, 221 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-116 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the property owner shall:

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

  6. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  7. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures:

  1. 1. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East:

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

  8. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region.

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. B 2024-043

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting permission to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate width of 17.8m on Lancaster Street East, a depth of 22.7m and an area of 397.3sq.m., generally in accordance with the drawing entitled Severed Lot 2 – 225 Lancaster Street East attached to Development Services Department report DSD-2024-531 on Lot 4, Plan 364, 225 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-117 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the property owner shall:

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

  6. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  7. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures:

  1. 1. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East:

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

  8. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region.

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. B 2024-044

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting permission to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate lot width of 12.8m on Lancaster Street East, a depth of 26.6m and an area of 292.8sq.m., generally in accordance with the drawing entitled Severed Lot 3 – 229 Lancaster Street East attached to Development Services Department report DSD-2024-531, on Lot 4, Plan 364, 229 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-118 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the property owner shall:

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

  6. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  7. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures:

  1. 1. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East:

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

  8. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region.

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. B 2024-045

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting permission to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate width of 14.3m on Lancaster Street East, a depth of 21.7m and an area of 375.2sq.m., generally in accordance with the drawing entitled Severed Lot 4 – 233 Lancaster Street East attached to Development Services Department report DSD-2024-531, on Lot 4, Plan 364, 233 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-119 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the existing utility shed / trailer be removed or relocated, to the satisfaction of the City’s Manager, Development Approvals.
  6. That the property owner shall:

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

  7. That, prior to final approval, the property owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo.
  8. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures:

  1. 1. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East:

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

  9. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region.

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. B 2024-046

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of 1678838 ONTARIO INC requesting permission to sever a triangular-shaped having an approximate area of 34.7sq.m. from the lands addressed as 217 Lancaster Street East to be conveyed as a lot addition to the land municipally addressed as 221 Lancaster Street East, generally in accordance with the drawing entitled Lot Line Addition B attached to Development Services Department report DSD-2024-531, on Lot 4, Plan 364, 221 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-116 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
  6. That the property owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration.

  Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor.  

  7. That, prior to final approval, the property owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo.
  8. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures:

  1. 1. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East:

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

  9. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region.

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. B 2024-047

  Moved by B. McColl

  Seconded by M. Gambetti

  That the application of LISA MARIE WILLMS and WILLIAM JOSEPH REITZEL requesting permission to sever an irregular parcel of land having an area of 316.9sq.m. from the lands addressed as 217 Lancaster Street East to be conveyed as a lot addition to the land municipally addressed as 98, 102 Weber Street East, generally in accordance with the drawing entitled Lot Line Addition C attached to Development Services Department report DSD-2024-531, on Lots 4 & 5, Plan 159, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Application A2024-115 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division.
  4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
  6. That the property owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration.

  Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor.

  7. That, prior to final approval, the property owner shall submit the Consent Application Review Fee of $350.00 to the Regional Municipality of Waterloo.
  8. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo to implement the following noise mitigation measures:

  1. 1. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the parcels municipally addressed as 217 Lancaster Street East, 221 Lancaster Street East, 225 Lancaster Street East, 229 Lancaster Street East, and 233 Lancaster Street East:

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

  9. That the property owner shall enter into a registered Development Agreement with the Regional Municipality of Waterloo agreeing to complete prior to Site Plan approval, a Detailed Environmental Noise Study for properties municipally addressed as 98-102 Weber Street East to assess transportation and stationary noise, and to enter into an Amending Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to implement the recommendations of the Study, all to the satisfaction of the Region.

  It is the opinion of this Committee that:

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

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

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

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

  Carried

6.11

A 2024-110 - 171 Otterbein Road, DSD-2024-521

Submission No.: A 2024-110
Applicant: Wm. J. Gies Construction Limited c/o Jim Gies
Property Location: 171 Otterbein Road
Legal Description: Lot 67, Plan 58M-651

Appearances:

In Support:

P. Haramis

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to permit a corner lot width of 12.5m rather than the required 12.8m; and, a rear yard setback of 4m rather than the required 7.5m to facilitate the construction of a new detached dwelling on the vacant corner lot.

The Committee considered Development Services Department report DSD-2024-521, dated December 4, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2024, advising they have no concerns with the subject application.

P. Haramis, J.D. Barnes Limited, was in attendance in support of the staff recommendation.

S. Hannah raised concerns with the visibility for the adjacent lot being impacted by the potential construction of a fence thus suggested the Staff recommendation be amended to include a statement requiring that the construction of the new detached dwelling on the vacant corner lot be in accordance with the Zoning By-law and Fence By-law.

B. Santos brought forward the staff recommendation as outlined in Development Services Department report DSD-2024-521 including an amendment for the decision to state a requirement for the new detached dwelling on the vacant corner lot be built in accordance with the Zoning By-law and Fence By-law. The following motion as amended was then voted on, and was Carried.

Moved by B. Santos

Seconded by M. Gambetti

• That the application of WM. J. GIES CONSTRUCTION LIMITED (JIM GIES) requesting minor variances to permit a corner lot width of 12.5m rather than the required 12.8m; and, a rear yard setback of 4m rather than the required 7.5m to facilitate the construction of a new detached dwelling on a vacant corner lot in accordance with the Zoning By-law and Fence By-law, generally in accordance with drawings by J.D. Barnes Limited, submitted with Minor Variance Application A 2024-110 on Lot 67, Registered Plan 58M-651, 171 Otterbein Road, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried, as amended

7.

ADJOURNMENT

On motion, the meeting adjourned at 11:23 a.m.