Committee of Adjustment

Committee Minutes

Tuesday, December 13, 2022 at 9:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• D. Pateman, Acting Chair
• S. Hannah, Vice-Chair
• D. Gundrum, Member
• S. Desikachar, Member

Staff:

• T. Malone-Wright, Supervisor, Development Applications
• D. Seller, Transportation Services
• D. Saunderson, Deputy Clerk
• M. Mills, Committee Administrator
• A. Fox, Administrative Clerk

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1.

COMMENCEMENT

The meeting commenced at 9:00 a.m. 

2.

IN CAMERA MEETING AUTHORIZATION

It was requested to enact a resolution to authorize an in-camera meeting for education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001.

Moved by S. Desikachar

Seconded by S. Hannah

• "That an in-camera meeting be held immediately prior to the Public meeting of the Committee of Adjustment this date for members of the Committee of Adjustment to receive education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001."

  Carried

3.

RECESS AND RECONVENE

The Committee recessed at 9:05 a.m. for the in-camera meeting for education and training and reconvened at 10:01 a.m. with all members present, except B. Santos who was not in attendance this date.

4.

ADMINISTRATIVE BUSINESS

The Committee reconvened at 10:01 a.m.

4.1

ACTING CHAIR NOMINATION AND APPOINTMENT

It was noted a Committee member was absent at the meeting this date. As such, the Committee discussed and agreed to appoint a Chair at the January Committee of Adjustment meeting to ensure all members have an opportunity to participate in the Chair nomination and appointment process. Further, the Committee agreed to appoint an Acting Chair this date.

Moved by S. Desikachar

Seconded by S. Hannah

• "That Douglas Pateman be appointed as Acting Chair for the December 13, 2022 Committee of Adjustment meeting."

  Carried

4.2

VICE-CHAIR NOMINATION AND APPOINTMENT

Moved by S. Desikachar

Seconded by D. Gundrum

• "That Scott Hannah be appointed as Vice-Chair for the Committee of Adjustment, for the term ending November 30, 2023."

  Carried

5.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

There were no conflicts declared.

6.

UNFINISHED BUSINESS

6.1

B 2022-046 - 78-80 Old Chicopee Drive (Amended), DSD-2022-513

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

Appearances:
In Support: 

T. Marko

Contra:        

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 9.9m, a depth of 39.6m and an area of 408 sq.m. The retained land will have a width of 9.9m, a depth of 40.6m along one lot line and 38.9m along the other lot line and an area of 548 sq.m.

The Committee considered Development Services Department report DSD-2022-513, dated December 2, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 28, 2022, advising they have no concerns with the subject application, subject to conditions as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by S. Desikachar 

• That the application of ESTATE OF MARIA KRUPPA requesting permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 9.9m, a depth of 39.6m and an area of 408 sq.m. The retained land will have a width of 9.9m, a depth of 40.6m along one lot line and 38.9m along the other lot line and an area of 548 sq.m, on Lot 1, Registered Plan 1216, 78-80 Old Chicopee 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 satisfactory of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.

  It is the opinion of this Committee that:

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

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

  Carried

7.

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

7.1

A 2022-134 - 192 Kent Avenue, DSD-2022-490

Submission No.: A 2022-134
Applicants: Gregory Lewis
Property Location: 192 Kent Avenue
Legal Description: Lot 45, Plan 239

Appearances:
In Support:

R. Friesen

Contra:    

None.                     

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a minimum lot area of 332.5 sq.m rather than the required 495 sq.m, having a minimum lot width of 12.2m rather than the required 15.0m; a minimum side yard abutting Kennedy Avenue of 3.3m rather than the required 4.5m; having 2 off-street parking spaces, rather than the required 3 off-street parking spaces; and, to permit the corner of the existing 2-storey deck to encroach into the Driveway Visibility Triangle (DVT) whereas encroachment is not permitted in the DVT, to facilitate the development of a multiple dwelling unit with 3 dwelling units.  

The Committee considered Development Services Department report DSD-2022-490, dated December 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application, subject to conditions as outlined in the report.

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

Moved by D. Gundrum

Seconded by S. Hannah

• That the application of GREGORY CAMERON LEWIS requesting a minor variance to the Zoning By-law to permit a minimum lot area of 332.5 sq.m rather than the required 495 sq.m; having a minimum lot width of 12.2m rather than the required 15.0m; a minimum side yard abutting Kennedy Avenue of 3.3m rather than the required 4.5m; having 2 off-street parking spaces, rather than the required 3 off-street parking spaces; and, to permit the corner of the existing 2-storey deck to encroach into the Driveway Visibility Triangle (DVT) whereas encroachment is not permitted in the DVT, to facilitate the development of a multiple dwelling unit with 3 dwelling units, generally in accordance with drawings prepared by Fine Line Drafting and Design, dated October 14, 2022, on Lot 45, Plan 239, 192 Kent Avenue, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

7.2

A2022-135 – 100 Monteagle Crescent, DSD-2022-489

Submission No.: A 2022-135
Applicants: Kourtney Falle
Property Location: 100 Monteagle Crescent
Legal Description: Part Lot 26, Registered Plan 1384

Appearances:
In Support:

R. Friesen

Contra:  

 None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit the required parking space to be located 2.6m from the street (property) line rather than the minimum required 6.0m; and, a minor variance to Zoning By-law 2019-051 to permit a southerly interior side yard setback of 1.0m rather than the minimum required 1.2m, to facilitate the conversion of the existing carport into a living space. 

The Committee considered Development Services Department report DSD-2022-489, dated December 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

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

In response to questions from the Committee, T. Malone-Wright noted the subject property is not regulated by urban design guidelines as it is an older development. 

Moved by S. Hannah

Seconded by S. Desikachar 

• That the application of KOURTNEY EVA FALLE requesting a minor variance to Zoning By-law 85-1 to permit the required parking space to be located 2.6m from the street (property) line rather than the minimum required 6.0m; and, a minor variance to Zoning By-law 2019-051 to permit a southerly interior side yard setback of 1.0m rather than the minimum required 1.2m, to facilitate the conversion of the existing carport into a living space, generally in accordance with drawings prepared by Fine Line Drafting & Design on October 17, 2022, on Part Lot 26, Registered Plan 1384, 100 Monteagle Crescent, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

7.3

A 2022-136 - 332 Charles Street East, DSD-2022-502

Submission No.: A 2022-136
Applicants: 332 Charles GP Inc. C/O Vive Development
Property Location: 332 Charles Street
Legal Description: Lots 208 and 209, Plan 303; Part Lots 207 and 210, Plan 303

Appearances:
In Support:

C. Keithin

Contra:    

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit “Animal Shelter” use, whereas an “Animal Shelter” use is not permitted in an MU-3 Zone; and, to permit a maximum front yard setback of 14.0m rather than the maximum permitted 7.5m.

The Committee considered Development Services Department report DSD-2022-136, dated December 2, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

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

In response to questions from the Committee, T. Malone-Wright noted the applicant is required to apply for a zoning occupancy permit if the minor variance is granted.

Moved by S. Hannah

Seconded by D. Gundrum

Opposed by D. Pateman

• That the application of 332 CHARLES GP INC requesting a minor variance to the Zoning By-law to permit an “Animal Shelter” as a permitted use, whereas the By-law does not permit an “Animal Shelter” use in an MU-3 Zone; and, to permit a maximum front yard setback of 14.0m rather than the maximum permitted 7.5m, to recognize and permit the existing building to be used as an ‘Animal Shelter’ use in accordance with the approved Site Plan dated September 6, 1979, on Lots 208 and 209, Plan 303; Part Lots 207 and 210, Plan 303, 332 Charles Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that:

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

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

  Carried

7.4

A 2022-137 – 81 Second Avenue, DSD-2022-495

Submission No.: A 2022-137
Applicants: Weijie Zhang
Property Location:  81 Second Avenue
Legal Description: Part Block B, Plan 254; being Part 1 on Reference Plan 58R-21206

Appearances:
In Support:

W. Zhang

Contra:  

None.           

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a required parking space within a building to be 4.87m in length rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to permit a required parking space within a building to be 4.87m in length rather than the required 5.5m, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling.The Committee considered Development Services Department report DSD-2022-495, dated December 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

W. Zhang was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by D. Gundrum 

• That the application of REVALUE PROPERTIES INC requesting a minor variance to Zoning By-law 85-1 to legalize the required parking space located within an existing garage of a semi-detached dwelling to have a length of 4.87m rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to legalize the required parking space located within an existing garage of a semi-detached dwelling  to have a length of 4.87m rather than the required 5.5m, on Part Block B, Plan 254, being Part 1 on Reference Plan 58R-21206, 81 Second Avenue, Kitchener, Ontario, BE APPROVED.
      
  The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision.

  It is the opinion of this Committee that:

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

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

  Carried

7.5

A 2022-138 – 83 Second Avenue, DSD-2022-495

Submission No.: A 2022-138
Applicants: Weijie Zhang
Property Location: 83 Second Avenue
Legal Description: Lot 17, Plan 254

Appearances:
In Support:

W. Zhang

Contra:    

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a required parking space within a building to be 4.87m in length rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to permit a required parking space within a building to be 4.87m in length rather than the required 5.5m, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling.

The Committee considered Development Services Department report DSD-2022-495, dated December 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

W. Zhang was in attendance in support of the staff recommendation.

Moved by S. Desikachar

Seconded by S. Hannah

• That the application of WEIJIE ZHANG requesting a minor variance to Zoning By-law 85-1 to legalize the required parking space within an existing garage of a semi-detached dwelling to have a length of 4.87m in length rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to legalize the required parking space within an existing garage of a semi-detached dwelling to have a length of 4.87m rather than the required 5.5m, on Lot 17, Plan 254, 83 Second Avenue, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

7.6

A 2022-139 – 360 Wellington Street North, DSD-2022-503

Submission No.: A 2022-139
Applicants: Edward McColough
Property Location: 360 Wellington Street North
Legal Description: Lot 22, Registered Plan 125

Appearances:
In Support:

E. McCullough

Contra:          

None.   

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 and 2019-051 to permit a front yard setback of 2.8m rather than the minimum required 4.5m to allow for Barrier Free Access to be added to the front porch.

The Committee considered Development Services Department report DSD-2022-503, dated December 2, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

E. McCullough was in attendance in support of the staff recommendation.

Moved by D. Gundrum 

Seconded by S. Hannah

• That the application of EDWARD J MCCOLOUGH requesting a minor variance to Zoning By-law 85-1 and 2019-051 to permit a front yard setback of 2.8m rather than the minimum required 4.5m to allow for Barrier Free Access to be added to the front porch of an existing single detached dwelling, on Lot 22, Registered Plan 125, 360 Wellington Street North, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

7.7

A 2022-140 – 213 Sheldon Avenue North, DSD-2022-505

Submission No.: A 2022-140
Applicants: Cathy Scott
Property Location: 213 Sheldon Avenue North
Legal Description: Part Lot 127, Plan 651

Appearances:
In Support:

C. Boucher

Contra:      

None.                   

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to construct a carport having the required off-street parking located 3.0m from a side lot line abutting Fairmount Road rather than the required 6m setback; to permit the carport to be located 5.7m from the rear lot line rather than the required 7.5m; and, to legalize an existing parking space located between the building and the street line abutting Fairmount Road, having a minimum length of 3.0m rather than the required 5.5m.

The Committee considered Development Services Department report DSD-2022-505, dated November 30, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

C. Boucher was in attendance in support of the staff recommendation. In response to questions from the Committee, C. Boucher noted there are no plans to convert the property into a duplex dwelling.

In response to questions from the Committee, D. Seller noted there are no plans to widen the street or add sidewalks, thus the parking encroachment being requested is permissible. Further, T. Malone Wright noted, the proposed parking space already exists in the driveway and can accommodate a small car, noting staff have not objections with the variance and legalizing an existing condition.

S. Hannah expressed concerns with legalizing a parking space that encroaches on to the public right-of-way noting he was unable to support the additional variance to legalize the additional parking space between the parking space between the front facade and the streetline.

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

Moved by D. Gundrum

Seconded by S. Desikachar

• That the application of CATHERINE ELIZABETH SCOTT requesting a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to construct a carport having the required off-street parking located 3.0m from a side lot line abutting Fairmount Road rather than the required 6m setback; to permit the carport to be located 5.7m from the rear lot line rather than the required 7.5m; and, to legalize an existing parking space located between the building and the street line abutting Fairmount Road, having a minimum length of 3.0m rather than the required 5.5m, generally in accordance with drawings prepared by Carole Boucher Architect, dated November 10, 2022, on Part Lot 127, Plan 651, 213 Sheldon Avenue North, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

7.8

A 2022-141 – 488 Duke Street West, DSD-2022-493

Submission No.: A 2022-141
Applicants: Emily Slofstra
Property Location: 488 Duke Street West
Legal Description: Part Lot C, Plan 386, Part Lot 5, Plan 415

Appearances:
In Support:

C. Boucher

Contra:        

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to permit a front yard setback of 5.1m rather than the minimum required 6.8m; and, an easterly interior side yard to have setback of 1.1m rather than the required 1.2m, to facilitate a covered expansion of the existing front porch. 

The Committee considered Development Services Department report DSD-2022-493, dated December 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application subject to conditions as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

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

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of EMILY RUTH SLOFSTRA requesting a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to permit a front yard setback of 5.1m rather than the minimum required 6.8m; and, an easterly interior side yard to have setback of 1.1m rather than the required 1.2m, to facilitate a covered expansion of the existing front porch, generally in accordance with drawings prepared by Carole Boucher Architect, dated October 26, 2022, on Part Lot C, Plan 386, Part Lot 5, Plan 415, 488 Duke Street West, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that:

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

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

  Carried

7.9

A 2022-142 – 2480 Homer Watson Boulevard Unit A2, DSD-2022-497

Submission No.: A 2022-142
Applicants: Gary Klutt
Property Location: 2480 Homer Watson Boulevard Unit A2
Legal Description: Part Lots 5, 6 and 8, Plan 166, Part of Biehns Unnumbered Tract, being Part 1 on Reference Plan 58R-16890, being part 2 on Reference Plan 58R-19771

Appearances:
In Support:

I. Ismail

Contra:      

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a convenience retail outlet to have a Gross Leasable Commercial Floor Area of 310 sq.m. rather than the maximum permitted 225 sq.m, to allow convenience retail use of a unit in an existing commercial building.

The Committee considered Development Services Department report DSD-2022-497, dated December 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

I. Ismail was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by S. Desikachar 

• That the application of GARY KLUTT requesting a minor variance to the Zoning By-law to permit a convenience retail outlet to have a Gross Leasable Commercial Floor Area of 310 sq.m. rather than the maximum permitted 225 sq.m, to allow convenience retail use of a unit in an existing commercial building, on Part Lots 5, 6 and 8, Plan 166, Part of Biehns Unnumbered Tract, being Part 1 on Reference Plan 58R-16890, being part 2 on Reference Plan 58R-19771,  2480 Homer Watson Boulevard, Unit A2 , Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

7.10

A 2022-143 – 10 Pattandon Avenue, DSD-2022-509

Submission No.: A 2022-143
Applicants: Adam Basaraba
Property Location: 10 Pattandon Avenue
Legal Description: Part Lot 13, Registered Plan 384

Appearances:
In Support:

A. Josic

A. Basaraba

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a Maximum Additional Building Floor Area in the ‘Existing Use Zone (E1)’ of 38.6% (35.2 sq.m.), rather than the maximum permitted 25% (23.7 sq.m.), to facilitate the construction of a garage attached to the rear of the existing dwelling.

The Committee considered Development Services Department report DSD-2022-509, dated December 2, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 25, 2022, advising they have no concerns with the subject application.

A. Josic and A. Basaraba were in attendance in support of the staff recommendation.

It was suggested and agreed that a condition be added to the Committee decision requiring the applicant to obtain the Grand River Conservation Authority permit prior to issuance of a building permit.

D. Pateman expressed concerns with imposing this additional condition as it would it delay the building permit process.

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

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of ADAM ALLAN BASARABA requesting a minor variance to the Zoning By-law to permit a Maximum Additional Building Floor Area in the ‘Existing Use Zone (E1)’ of 38.6% (35.2 sq.m.), rather than the maximum permitted 25% (23.7 sq.m.), to facilitate the construction of a garage attached to the rear of the existing dwelling, generally in accordance with drawings prepared by Alex Josic, dated October 24, 2022, on Part Lot 13, Registered Plan 384, 10 Pattandon Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That prior to the issuance of a Building Permit, the property owner shall obtain the required approvals from the Grand River Conservation Authority (GRCA) permit.

  It is the opinion of this Committee that:

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

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

  Carried

7.11

A 2022-144 – 21 Third Avenue, DSD-2022-510

Submission No.: A 2022-144
Applicants: Rustum Fataar
Property Location: 21 Third Avenue
Legal Description: Lot 47, Plan 254

Appearances:
In Support:

C. Fitzpatrick

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission for the enlargement or extension of a legal non-conforming use (a printing and publishing establishment), to facilitate the construction of a two-storey addition at the front of the building having a floor area of 101.3 sq.m for the total building Gross Floor Area of 600 sq.m.

The Committee considered Development Services Department report DSD-2022-520, dated December 2, 2022 recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

C. Fitzpatrick was in attendance in support of the staff recommendation noting the parking requirement outlined in the staff report is sufficient.

In response to questions from the Committee, D. Seller indicated there have been no issues with parking at the subject property.

Moved by D. Gundrum

Seconded by S. Desikachar 

• That the application of RUSTUM FATAAR requesting permission for the enlargement or extension of a printing and publishing establishment that is a legal non-conforming use under Zoning By-law 85-1 and Zoning By-law 2019-051, to facilitate the construction of a two-storey addition at the front of the building having a floor area of 101.3 sq.m for the total building Gross Floor Area of 600 sq.m, generally in accordance with the Site Plan, dated November 16, 2022, on Lot 47, Registered Plan 254, 21 Third Avenue, Kitchener, Ontario, BE APPROVED.

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

  It is the opinion of this Committee that the request for permission to enlarge/extend a legal non-conforming use (a printing and publishing establishment) to facilitate the construction of a two-storey addition at the front of the building having a floor area of 101.3 sq.m for the total building Gross Floor Area of 600 sq.m under Section 45(2)(a) of the Planning Act is appropriate for the following reasons:

  1. That the approval of this application is in the public interest.
  2. That the construction of a two-storey addition will not create any adverse impacts. 

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

  Carried

7.12

B 2022-058 to 059 – 243 Connaught Street, DSD-2022-511

Submission No.: B 2022-058 to 059
Applicants: Lee Lynhiavu
Property Location: 243 Connaught Street
Legal Description: Part Lot 1, Plan 706

Appearances:
In Support:

K. Berbash

L. Lynhiavu

Contra:          

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to sever a parcel of land to facilitate the construction of a semi-detached dwelling. The severed parcel of land will have a width of 10.0m, a depth of 23.6m and an area of 236.4 sq.m. The retained land will have a width of 13.7m, a depth of 23.6m and an area of 324.3 sq.m. Permission is also being requested to grant a 1.5m wide easement on Parts 3, 4 and 5 on the plan submitted with the applications for access and maintenance of the proposed semi-detached dwellings. 

The Committee considered Development Services Department report DSD-2022-511, dated December 2, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 28, 2022, advising they have no concerns with the subject application, subject to conditions as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

K. Berbash and L. Lynhiavu were in attendance in support of the staff recommendation however requested the Committee omit Condition 12, the requirement for a Tree Preservation Plan as the proposed severance will not require the removal of trees. In response, T. Malone-Wright noted, excavation on the subject property may affect trees on the adjacent hence the requirement for a Tree Preservation Plan. Further, if Environmental Planning Staff find that trees on the adjacent property will not be affected by the excavation, no further action would be required from the applicant and Condition 12 will be cleared.

D. Pateman expressed concerns with restricting the applicant with the requirement of the Tree Preservation Plan and indicated support for omitting Condition 12. 

S. Hannah inquired about the status of the building permit noting concerns with severing a semi-detached dwelling prior to its' construction. In response, K. Berbash noted the building permitted had been submitted and is in its' final stage of review for approval. Further, T. Malone-Wright noted the applicant was required to submit the building permit prior to receipt of the minor variance application, to ensure the drawings provided with the application are an accurate reflection of the proposed severance. In addition, T. Malone-Wright noted a single detached dwelling already exists on the subject property and will provide a common wall, party wall and exterior wall for the proposed semi-detached dwellings.

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

Moved by S. Hannah

Seconded by D. Gundrum

• B 2022-058

  That the application of LEE THOMONG LYNHIAVU requesting permission to sever a parcel of land to facilitate the construction of a semi-detached dwelling. The severed parcel of land will have a width of 10.0m, a depth of 23.6m and an area of 236.4 sq.m. The retained land will have a width of 13.7m, a depth of 23.6m and an area of 324.3 sq.m. Permission is also being requested to grant a 1.5m wide easement on Part 3 on the plan submitted with the applications for access and maintenance of the proposed semi-detached dwellings, generally in accordance with drawings prepared by Can-Connect Developments Inc., dated October 31, 2022, on Part Lot 1, Registered Plan 706, 243 Connaught Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

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

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

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

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

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

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

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

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

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

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

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

  a) That the property owner shall prepare a Tree Preservation and Enhancement Plan for the severed and retained lands, in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.

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

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

  13. That prior to final approval, the applicant submits the Consent Application Review Free of $350.00 to the Region of Waterloo.

  14. That prior to final approval, the property owner/applicant must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006.

  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.

  Carried
• B 2022-059

  That the application of LEE THOMONG LYNHIAVU requesting permission for the retained land identified in Consent Application B 2022-058 to grant a 1.5m wide easement on Parts 4 and 5 on the plan submitted with the applications for access and maintenance of the proposed semi-detached dwellings, on Part Lot 1, Plan 706, 243 Connaught Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications:

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

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

  2. 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 proved to the City Solicitor

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

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

  5. That the property owner shall:

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

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

  6. That prior to final approval, the applicant submits the Consent Application Review Fee of 
  $350.00 to the Region of Waterloo.

  7. That prior to final approval, the property owner/applicant must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006.

  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.

  Carried

7.13

B 2022-060 – 17 Nelson Avenue, DSD-2022-491

Submission No.: B 2022-060
Applicants: Kalita Hanson & James Steinbach
Property Location: 17 Nelson Avenue
Legal Description: Part Lot 6, Plan 675

Appearances:
In Support:

K. Hanson

Contra:        

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to sever a parcel of land at the rear of the subject property having a width of 18.2m, a depth of 8.32m and an area of 152.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 11 Norbert Place. The retained land will contain an existing residential dwelling municipally addressed as 17 Nelson Avenue having a width 18.2m, a depth of 129.5m and an area of 2,356.9sq.m.

The Committee considered Development Services Department report DSD-2022-491, dated December 7, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 28, 2022, advising they have no concerns with the subject application, subject to conditions as outlined in the report. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

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

Moved by S. Hannah 

Seconded by D. Gundrum 

• That the application of JAMES ANTHONY STEINBACH and KALITA HANSON requesting permission to     sever a parcel of land at the rear of the subject property having a width of 18.2m, a depth of 8.32m and an area of 152.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 11 Norbert Place, on Part Lot 6, Plan 675, 17 Nelson 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 satisfactory of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the lands to be severed be added to the abutting lands and 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 Section 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 
  5. 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.
  6. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.

  It is the opinion of this Committee that:

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

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

  Carried

7.14

VT 2022-001 – 280 Highland Road East, DSD-2022-508

Submission No.: VT 2022-001
Applicants: KSH Corporation
Property Location: 280 Highland Road East
Legal Description: Part Lots 18 and 19, Plan 25

Appearances:
In Support:

T. Sanderson

Contra:

None.

Written Submissions:

None.

The Committee was advised the applicant requested a Validation of Title to correct a contravention to the Planning Act; an Easement Maintenance Agreement and Transfer Easement was registered in 2010 without evidence of a Certificate of Consent. The easement is in favour of 274 Highland Road East, having a width of 3.0m, a depth of 30.4m and an area of 91.5 sq.m. 

The Committee considered Development Services Department report DSD-2022-508, dated December 2, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 28, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 23, 2022, advising they have no concerns with the subject application.

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

Moved by D. Gundrum

Seconded by S. Desikachar

• That the application of KSH CORPORATION requesting a Validation of Title to correct a contravention to the Planning Act; an Easement Maintenance Agreement and Transfer Easement was registered in 2010 without evidence of a Certificate of Consent. The easement is in favour of 274 Highland Road East, having a width of 3.0m, a depth of 30.4m and an area of 91.5 sq.m., on Part Lots 18 and 19, Plan 25, 280 Highland Road East, 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 provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.

  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.

  Carried

7.15

CC 2022-002 – 138, 150-154 Victoria Street South & 100 Park Street, DSD-2022-506

Submission No.: CC 2022-002
Applicants: Innovation Developments Kitchener Limited
Property Location: 138, 150-154 Victoria Street South & 100 Park Street
Legal Description: Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1 – 3 Registered Plan 423

Appearances:
In Support:

K. Barisdale

Contra:                           

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to modify Condition 1 of Provisional Consent decision B 2021-004 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision.

The Committee considered Development Services Department report DSD-2022-506, dated December 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 28, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 18, 2022. 

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

Moved by S. Desikachar

Seconded by. D. Gundrum

• That the application of INNOVATION DEVELOPMENTS KITCHENER LTD requesting permission to modify Condition 1 of Provisional Consent decision B 2021-004 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision, on Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1 – 3 Registered Plan 423,  92, 100, 102, 106 and 110 Park Street and 130, 138, 142, 150-154 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 

  1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 92, 100, 102, 106, and 110 Park Street and 130, 138, 142, 150-154, and 162 Victoria Street South, to the satisfaction of the City’s Revenue Division.
  2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  3. That the owner’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.”
  4. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA), for the minor consent application review fee.

  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.

  Carried

7.16

CC 2022-003 - 138, 150-154 Victoria Street South & 100 Park Street, DSD-2022-506

Submission No.: CC 2022-003
Applicants: Innovation Developments Kitchener Limited
Property Location: 138, 150-154 Victoria Street South & 100 Park Street
Legal Description: Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1 – 3 Registered Plan 423

Appearances:
In Support:

K. Barisdale

Contra:          

None.

Written Submissions:

None.

The Committee was advised the applicant requested permission to modify Condition 1 of Provisional Consent decision B 2021-005 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision.

The Committee considered Development Services Department report DSD-2022-506, dated December 5, 2022, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 28, 2022, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 18, 2022, advising they have no concerns with the subject application.

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

Moved by S. Desikachar 

Seconded D. Gundrum

• That the application of 138 VICTORIA LIMITED requesting permission to modify Condition 1 of Provisional Consent decision B 2021-005 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision, on Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1 – 3 Registered Plan 423,  92, 100, 102, 106 and 110 Park Street and 130, 138, 142, 150-154 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 92, 100, 102, 106, and 110 Park Street and 130, 138, 142, 150-154, and 162 Victoria Street South, to the satisfaction of the City’s Revenue Division.”
  2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  3. That the owner’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.”
  4. That the owner shall ensure a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) is created, and to immediately thereafter provide copies to the City Solicitor.

  It is the opinion of this Committee that:

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

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

  Carried

8.

ADJOURNMENT

On motion, the meeting adjourned at 11:19 a.m.