Committee of Adjustment

Committee Minutes

Tuesday, July 18, 2023 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

Present:

• D. Pateman
• S. Hannah
• B. Santos
• D. Gundrum

Staff:

• T. Malone-Wright, Supervisor, Development Applications
• D. Seller, Transportation Services
• M. Mills, Committee Administrator
• C. Owen, Administrative Clerk

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1.

COMMENCEMENT

The meeting commenced at 10:05 a.m.

2.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held June 20, 2023, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

There were no conflicts declared.

4.

UNFINISHED BUSINESS

4.1

A 2023-068 - 35 Maywood Road, DSD-2023-278 , DSD-2023-318

Submission No.: A 2023-068
Applicant: Prodapt Holdings Ltd.
Property Location: 35 Maywood Road
Legal Description: Lot 147, Plan 849

Appearances:
In Support:

S. Gandhi

S. Budhiraja

Contra:

None. 

                        
Written Submissions:

G. Weinhardt

C. Olah

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) to be 62% of the building floor area of the principal dwelling rather than the permitted 50% or 80 sq.m, whichever is the less, to facilitate the conversion of an existing detached garage having an area of 61sq.m, into an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property.

The Committee considered Development Services Department addendum report DSD-2023-318, dated July 11, 2023, recommending approval.

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

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

T. Malone-Wright noted the application was previously deferred to allow an opportunity for a By-law investigation to take place, to determine whether the dwelling is currently being used as a lodging house, and, to provide the applicant an opportunity to submit internal plans of the proposed Additional Dwelling Unit (ADU) (Detached). T. Malone-Wright advised the By-law investigation found that the dwelling is not used a lodging house thus an Additional Dwelling Unit (ADU) (Detached) is permitted at the subject property.

S. Ghandi and S. Budhiraja were in attendance in support of the application.  

In response to questions from the Committee, T. Malone-Wright confirmed City owned trees exist at the property and will be affected by the proposed development. 

The Committee discussed and agreed to include a condition in the Committee's decision this date, that the property owner prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the two existing City-owned trees located at the property.

Moved by S. Hannah

Seconded by B. McColl

• That the application of PROADAPT PROPERTY HOLDING LTD requesting a minor variance to permit an Additional Dwelling Unit (ADU) to be 62% of the building floor area of the principal dwelling rather than the permitted 50% or 80sq.m, whichever is the less, to facilitate the conversion of an existing detached garage having an area of 61sq.m, into an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, generally in accordance with drawings prepared by Green Target Engineering, dated January 25, 2023, on Lot 147, Plan 849, 35 Maywood Road, Kitchener, Ontario, BE APPROVED subject to the following condition:

  1. That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned trees located at the property, to the satisfaction of and approval by the City’s Director Parks and Cemeteries.

  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.

4.2

A 2023-043 – 300 Countrystone Crescent, DSD-2023-149, DSD-2023-319

Submission No.: A 2023-043
Applicants: Dharmarajan Peruman
Property Location: 300 Countrystone Crescent
Legal Description: Lot 95, Registered Plan 58M-474

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 the construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing detaching dwelling on a lot having an area of 383.6sq.m rather than the required 395sq.m, a lot width of 10.9m rather than the required 13.1m; and, to permit 2 parking spaces rather than the required 3 parking spaces.

The Committee considered Development Services Department addendum report DSD-2023-319, dated July 13, 2023, recommending approval with conditions as outlined in the report.

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

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated April 3, 2023, advising they have no concerns with the subject application, subject to conditions as outlined in the report.

T. Malone-Wright noted the application was previously deferred as there was a home business operating in the single detached dwelling, which is not permitted by the Zoning By-law. It was noted the home business no longer operates at the subject dwelling thus no further minor variances are required related to this application.

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

In response to questions from the Committee, T. Malone-Wright advised the maximum permitted driveway width at the subject property is 5.4m. It was noted, Staff recommend the walkway leading to the rear of the property be of distinguishable material from the driveway to ensure there are no parking encroachments onto the walkway.

The Committee discussed and agreed to include a condition in the Committee's decision this date, that the driveway be reconstructed having a width of 5.4m.

Moved by D. Gundrum

Seconded by B. Santos 

• That the application of DHARMARAJAN PERUMAN requesting a minor variance to the Zoning By-law to permit the construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing detaching dwelling on a lot having an area of 383.6sq.m rather than the required 395sq.m, a lot width of 10.9m rather than the required 13.1m; and, to permit 2 parking spaces rather than the required 3 parking spaces, in accordance with drawings prepared by Fine Line Drafting & Design Inc., dated March 15, 2023, on Lot 95, Plan 58M-474, 300 Countrystone Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner shall modify the existing driveway to provide a driveway having a width of 5.4m, and a distinguishable unobstructed walkway to the proposed Additional Dwelling Unit (ADU) (Detached) in accordance with the Regulations of Zoning By-law 2019-051 by July 19, 2024. Any request for a time extension must be approved in writing by the Manager of Development Review prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void.
  2. That the property owner shall make satisfactory financial arrangements to the Grand River Conservation Authority (GRCA) for the minor variance application review fee of $300.00.

  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.

5.

NEW BUSINESS

5.1

A 2023-076 - 912 Otterbein Court, DSD-2023-310

Submission No.: A 2023-076
Applicants: Stan & Sharon Pilecki
Property Location: 912 Otterbein Court
Legal Description: Lot 8, Plan 58M-653

Appearances:
In Support: 

S. Atkinson

Contra:

None.

                          
Written Submissions:

None.

The Committee was advised the applicant is requesting a minor variance to the Zoning By-law to permit a rear yard setback of 3.0m rather than the required 7.5m, to facilitate the construction of an attached, covered, unenclosed roof structure in the rear yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-310, dated July 5, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 26, 2023, advising they have no concerns with the subject application, subject to the conditions as outlined in the report.

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

Moved by B. McColl

Seconded by D. Gundrum

• That the application of KLONDIKE HOMES LTD and SHARON PATRICIA PILECKI and STANLEY PILECKI requesting a minor variance to the Zoning By-law to permit a rear yard setback of 3.0m rather than the required 7.5m, to facilitate the construction of an attached, covered, unenclosed roof structure in the rear yard of an existing single detached dwelling, on Lot 8, Plan 58M-653, 912 Otterbein Court, 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.

5.2

A 2023-077 - 176 Indian Road, DSD-2023-306

Submission No.: A 2023-077
Applicant: Evgeny Offengenden, REA Properties Inc.
Property Location: 176 Indian Road
Legal Description: Lot 9, Plan 1178

Appearances:
In Support:

R. Friesen

Contra:  

C. Chaves-Furtado

J. & N. Thomas

A. May       

                
Written Submissions:

D.Desaulnier	E. Locke
J. Bailey	D. Schweitzer
H. Watson	V. Laudrey
A. Genest	T.Young
M. Cote	S. Giesel
B. Murovec	E. Yessis
C. Veevers	R. Brendon
B. Unrav	M. Koenig
D. Foster	D. Kobel
K. Lackenbauer	B. Tsitoiaur
P. & P.  Szucs	K. Hunter
G. Grau	A . Euchs
T. Hendry	T. Vong
J. Wagner	A. May
H. Nguyen	S. Sophocleus
V. Luker	P. & J. Cavan
S. Hurst	T. Ghebreyohnnes
J. Hurst	C. Chaves-Furtado
H. Cho	J. & D Carmichael
D. de Wit	J. Brown
G. & A.  O'Brien	R. Lefler
R. Furtado	I. Lopes
M. Schmidt	J. Fergin
D. Gerth	D. Shilther
A. & S. Shalay	B. & A. Unrau
M. Gous	G. Clyne
I. Egedi	N. Binder
P. Izacs	R. Jemminatore
R. Tarel	L. Johnson
R. Jamal	L. de la Chevrotiere
H. Lizak	B. & J. Honeycombe
R. Krzmarcik	L. & J. Thomas
M. Blake	A. Thomas
N. Devonport	A. Laldone
R. Voy	S. Basit
J. Lantz	A. & R. Bester
D. Recoskie	R. Goodman
R. Grant	L. & M. Horvath
M. Hai	P. Nguyen
N. Thomas	A. Fuchs

The Committee was advised the applicant requested permission for a minor variance to the Zoning By-law to permit a rear yard setback of 3.81m rather than the required 7.5m, to facilitate the conversion of a single detached dwelling with one Additional Dwelling Unit (ADU) (Attached) into a single detached dwelling with two Additional Dwelling Units (ADU) (Attached).

The Committee considered Development Services Department report DSD-2023-306, dated July 5, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application. 

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

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

C. Chaves Furtado, A. May, J. Thomas and N. Thomas were in attendance representing neighborhood residents in opposition to the application. Concerns were raised regarding the privacy impacts the proposed ADU introduces, as well as increased street parking and increased traffic congestion.

The Committee inquired about the reduction in amenity space noting about half of the backyard is proposed to be developed with the ADU. In response, T. Malone-Wright noted the exterior side yard provides the required amenity space as the property is located on a corner lot. In response to further questions from the Committee, T. Malone-Wright noted the duplex dwelling at the subject property is a legalized dwelling.

Several members of the Committee expressed opposition to the application noting the proposed development is not appropriate or minor due to the loss of exterior amenity space.

B. McColl brought forward a motion to approve the application, which was seconded by S. Hannah. The motion was voted on and was LOST, with D. Pateman and B. McColl voting in favour; and, S. Hannah, D. Gundrum, B. Santos voting in opposition.

As a result of the application being voted on and LOST, Minor Variance Application A 2023-077 - 176 Indian Road, outlined in Development Services Department report DSD-2023-306, has effectively been refused.

Moved by B. McColl

Seconded by S. Hannah

• That the application of REA PROPERTIES INC requesting a minor variance to permit a rear yard setback of 3.81m rather than the required 7.5m, to facilitate the conversion of a single detached dwelling with one Additional Dwelling Unit (ADU) (Attached) into a single detached dwelling with two Additional Dwelling Units (ADU) (Attached), generally in accordance with drawings prepared by Fine Line Drafting & Design Inc., dated June 2023, on Lot 9, Plan 1178, 176 Indian Road, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

  1. The variance requested in this application is 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.

5.3

A 2023-078 - 35 Fifth Avenue, DSD-2023-313

Submission No.: A 2023-078
Applicants: Jankadar Abbas & Roda Atallah
Property Location: 35 Fifth Avenue
Legal Description: Park Block G, Plan 254

Appearances:

In Support:

J. Abbas

A. Hamid

Contra:

None.

                          
Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a lot width of 12.0m rather than the required 13.1m, and, to permit a garage width of 6.5m rather than the permitted 4.9m, to facilitate the conversion of a single detached dwelling into a single detached dwelling with two Additional Dwelling Units (ADUs) (Attached).

The Committee considered Development Services Department report DSD-2023-313, dated July 6, 2023, recommending refusal.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application, subject to the conditions as outlined in the report. 

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

A. Hamid and J. Abbas were in attendance in support of the subject application, noting opposition to the staff recommendation. A. Hamid requested the Committee approve the application as there are other properties along Fifth Avenue having a driveway width greater than 50%. In response to questions from the Committee, it was noted additional space in the basement will not be used as a dwelling unit, rather it will be used for storage space for tenants.

S. Hannah noted, it would be appropriate for the property to be developed with only two dwelling units as opposed to three. Further, S. Hannah noted he was not in support of approving the requested driveway width as the entire front yard of the property would seem more like a parking lot. 

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

Moved by S. Hannah

Seconded by B. McColl 

• That the application of JANKADAR ABBAS and RODA ATALLAH requesting a minor variance to the Zoning By-law to permit a lot width of 12.2m rather than the required 13.1m, and, to permit a garage width of 6.5m rather than the permitted 4.8m, to facilitate the construction of a single detached dwelling with two Additional Dwelling Units (ADUs) (Attached), generally in accordance with the drawings prepared by AH+ Architects, dated August 1, 2019, on Part Block G, Plan 254, 35 Fifth Avenue, Kitchener, Ontario, BE REFUSED.

  It is the opinion of this Committee that:

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

5.4

A 2023-079 - 55 Rockcliffe Drive, DSD-2023-304

Submission No.: A 2023-079
Applicant: Saksham Mendiratta
Property Location: 55 Rockcliffe Drive
Legal Description: Lot 55, Plan 58M-347; being Parts 9 & 45 on Reference Plan 58R-15810

D. Pateman left the meeting at this time. S. Hannah assumed Chair at this time. 

Appearances:

In Support:

S. Mendiratta

Contra:  

None.

                        
Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an external unit to have a lot width of 7.5m rather than the required 9.5m; and, an easterly side yard setback of 1.25m rather than the required 2.5m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Attached) within an existing street townhouse dwelling.

The Committee considered Development Services Department report DSD-2023-304, dated June 30, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application. 

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

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

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

Moved by D. Gundrum

Seconded by B. McColl

• That the application of SAKSHAM MENDIRATTA requesting a minor variance to the Zoning By-law to permit an external unit to have a lot width of 7.5m rather than the required 9.5m; and, an easterly side yard setback of 1.25m rather than the required 2.5m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Attached) within an existing street townhouse dwelling, generally in accordance with drawings prepared by Dawn Design Studios, dated April 19, 2023, on Lot 55, Plan 58M-347; being Parts 9 & 45 on Reference Plan 58R-15810, 55 Rockcliffe Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

5.5

A 2023-080 - 15 Dellroy Avenue, DSD-2023-314

Submission No.: A 2023-080
Applicant: Nemo Savic, Savic Homes
Property Location: 15 Dellroy Avenue
Legal Description: Part Lots 13-135, 160, Lots 104-109, Plan 307 

Appearances:
In Support:

J. Henry

Contra:  

None.

                        
Written Submissions:

None.

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

The Committee considered Development Services Department report DSD-2023-314, dated July 5, 2023, recommending deferral as outlined in the report.

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

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

T. Malone-Wright noted the applicant requested the Committee defer consideration of the application to allow an opportunity to complete surveying work and, to confirm whether additional variances will be required due to road widening and reconstruction work associated with the proposed development.

J. Henry was in attendance in support of the staff recommendation and requested consideration of the application be deferred to the September 19, 2023 Committee of Adjustment meeting or sooner, if it is determined additional minor variances will not be required. 

Moved by B. Santos 

Seconded by B. McColl

• That the application of 2296342 ONTARIO INC requesting a minor variance to the Zoning By-law to facilitate the construction an 18-storey mixed-use building with residential and commercial uses having a front yard setback of 1.0m rather than the required 3.0m, a northerly side yard setback of 0.0m for covered bike parking rather than the required 4.5m; to permit 0.6 parking spaces per dwelling unit rather than the required 1 parking space per dwelling unit, and 0.08 visitor parking spaces per dwelling unit rather than the required 0.10 visitor parking spaces per dwelling unit; to permit support columns to encroach into the Driveway Visibility Triangles (DVT) abutting Weber Street East, whereas the By-law does not permit encroachments into the DVT; to permit the second floor of the proposed building to encroach into a DVT whereas the Zoning By-law does not permit obstructions within a DVT, except for objects 0.9m or less in height from the ground or objects higher than 5.0m in height from the ground; and, to permit parking spaces and drive aisles to be located on the ground floor of a multiple dwelling building not entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade whereas the Zoning By-law requires that all parking spaces and drive aisles on the ground floor of a multiple dwelling building be located entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade, on Part Lots 130-135, 160, Lots 104-109, Plan 307, 15 Dellroy Avenue, Kitchener, Ontario, BE DEFERRED until September 19, 2023, or sooner, to allow an opportunity for surveying work to be completed, to confirm whether additional variances will be required due to the road widening work associated with the proposed development.

5.6

A 2023-081 - 333 Pine Valley Drive , DSD-2023-301

Submission No.: A 2023-081
Applicants: Trevor & Vong Kennedy
Property Location: 333 Pine Valley Drive
Legal Description: Lot 79, Plan 58M-316

Appearances:
In Support:

T. & V. Kennedy

Contra:

None. 

                        
Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an accessory structure to have a height of 4.5m to the underside of the fascia rather than the maximum permitted 3.0m, to facilitate the construction of a cabana structure in the rear of the property.

The Committee considered Development Services Department report DSD-2023-301, dated June 30, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application. 

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

T. Kennedy and V. Kennedy were in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded B. Santos 

• That the application of VONGDEUANE VONG requesting a minor variance to the Zoning By-law to permit an accessory structure to have a height of 4.5m to the underside of the fascia rather than the maximum permitted 3.0m, to facilitate the construction of a cabana structure in the rear of the property, generally in accordance with drawings prepared by Arcadia Design, dated April 11, 2023, on  Lot 79, Plan 58M-316, 333 Pine Valley Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

5.7

A 2023-082 - 685 Frederick Street, DSD-2023-311

Submission No.: A 2023-082
Applicants: Yida Ye
Property Location: 685 Frederick Street
Legal Description: Lot 1, Plan 787

Appearances:
In Support:

T. Yida

E. Neves

Contra:    

None.

                      
Written Submissions:

R. & M. Sobczuk

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an easterly side yard setback of 1.0m rather than the required 1.2m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property.

The Committee considered Development Services Department report DSD-2023-311, dated July 5, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application. 

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

E. Neves and T. Yida were in attendance in support of the staff recommendation.

Moved by B. McColl 

Seconded by B. Santos 

• That the application of YIDA YE requesting a minor variance to the Zoning By-law to permit an easterly side yard setback of 1.0m rather than the required 1.2m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, on Lot 1, Plan 787, 685 Frederick Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

5.8

A 2023-083 - 15 Kenora Drive, DSD-2023-308

Submission No.: A 2023-083
Applicants: Heather Goody and Jamie Randel
Property Location: 15 Kenora Drive
Legal Description: Lot 1, Plan 1235

Appearances:
In Support:

R. Sajkunovic

Contra:

None.

                          
Written Submissions:

None.

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit a required parking space to be located 2.6m from the street (property) line rather than the required 6.0m, to facilitate the conversion of an attached garage into a living space; and, to permit an existing accessory structure (a shed) in the exterior side yard, whereas the Zoning By-law does not permit accessory structures in the exterior side yard.

The Committee considered Development Services Department report DSD-2023-308, dated July 4, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application, subject to the conditions as outlined in the report. 

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

R. Sajkunovic was in attendance in support of the staff recommendation. In response to questions from the Committee, R. Sajkunovic noted the accessory structure (a shed) in the exterior side yard of the subject property is used for storage.

Moved by B. Santos

Seconded by S. Hannah

• That the application of HEATHER-LYNNE RANDEL and JAMIE ROBERT RANDEL requesting a minor variance to the Zoning By-law to permit a required parking space to be located 2.6m from the street (property) line rather than the required 6.0m, to facilitate the conversion of an attached garage into a living space; and, to permit an existing accessory structure (a shed) in the exterior side yard, whereas the Zoning By-law does not permit accessory structures in the exterior side yard, generally in accordance with drawings prepared by JR Design and Consultants, dated January 2023, on Lot 1, Plan 1235, 15 Kenora Drive, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

5.9

A 2023-084 - 151 Frederick Street, DSD-2023-292

Submission No.: A 2023-084
Applicant: Lowland Frederick Street GP Ltd.
Property Location: 151 Frederick Street
Legal Description: Part Lots 1 & 2, Plan 32 and Part Lot 4, Plan 364

Appearances:
In Support:

None

Contra:    

None  

                    
Written Submissions:

None

The Committee considered Development Services Department report DSD-2023-292, dated June 22, 2023, recommending approval.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023 advising they have no concerns with the subject application, subject to conditions as outlined in the report.

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

As no one was in attendance to support the application, the Committee deferred consideration of this matter to the August 15, 2023 Committee of Adjustment meeting.

Moved by S. Hannah

Seconded by B. Santos

• That the application of LOWLAND FREDERICK STREET GP LTD requesting a minor variance to Zoning By-law 85-1 to permit a restaurant patio to be located in the side yard abutting Irvine Street having a 22.0m setback from a 'Residentially Zoned' property rather than the minimum required 30.0m, generally in accordance with drawings prepared by Dfy Studio, dated May 12, 2023, on  Part Lots 1 & 2, Plan 32 and Part Lot 4, Plan 364, 151 Frederick Street, Kitchener, Ontario, BE DEFERRED until August 15, 2023.

5.10

A 2023-085 - 920 Keewatin Place, DSD-2023-307

Submission No.: A 2023-085
Applicant: Margaret Lander
Property Location: 920 Keewatin Place
Legal Description: Lot 44, Plan 1829

Appearances:
In Support:

M. Bradbury & M. Lander

Contra:  

D. & E. Cecchin

                        
Written Submissions:

D. & E. Cecchin

R. & K. Clark

K. Ramakrishnan & R. Sreenivas

O. Lehman

C. James & I. Harrower

G. Dines

J. James & C. Thomas

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an accessory structure (Garden Arbour) to be located within the front yard whereas the Zoning By-law does not permit accessory structures in the front yard.

The Committee considered Development Services Department report DSD-2023-307, dated July 7, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application. 

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

M. Bradbury and M. Lander were in attendance in support of the staff recommendation.

E. Cecchin and D. Cecchin were in attendance in opposition of the staff recommendation. D. Cecchin noted if the subject application is approved, the Zoning By-law would be unfairly applied as an application for a garden arbour on the neighboring property was previously denied by the Committee. It was also noted approval of a garden arbour in the front yard of the subject property sets a negative precedent as the structure of the arbour seems more like a shed. Further, D. Cecchin noted the arbour encroaches onto his property thus requested the Committee impose a setback of 1.0m from the interior side lot line if the application is approved.

In response to questions from the Committee, M. Bradbury noted the garden arbour was constructed in the front yard to create an entrance to the backyard of the dwelling.

In response to questions from the Committee, T. Malone-Wright noted a building permit is not required for the construction of a garden arbour.

The Committee discussed and agreed to amend condition 2 as outlined in report DSD-2023-307, of the Committee's decision this date, to state that the owner relocate the accessory structure to be located a minimum of 1.0 metres from any interior side lot line, to the satisfaction of the Manager of Development Review.

D. Gundrum expressed opposition to this application noting the accessory structure does not pass the test of being appropriate to the site as the subject garden arbour is too large in size to be located in the front yard.

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

Moved by B. McColl

Seconded by S. Hannah 

• That the application of MARGARET LANDER requesting a minor variance to the Zoning By-law to permit an accessory structure (Garden Arbour) to be located within the front yard whereas the Zoning By-law does not permit accessory structures in the front yard, generally in accordance with the drawings submitted with the application, on Lot 44, Plan 1829, 920 Keewatin Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner shall modify the accessory structure to permit 50% transparency on the side of the structure facing the North property line, to the satisfaction of the Manager of Development Review.
  2. That the property owner shall relocate the accessory structure to be located a minimum of 1.0 metres from any interior side lot line, to the satisfaction of the Manager of Development Review.
  3. That the property owner shall complete the work, identified in Conditions No. 1 and No. 2 above, by October 27, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void.

  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.

5.11

A 2023-086 - 59 Graber Place, DSD-2023-302

Submission No.: A 2023-086
Applicant: Enova Power Corp.
Property Location: 59 Graber Place
Legal Description: Part Lot 30, Plan 760

Appearances:
In Support:

B. Flewwelling

B. Brown

Contra:

J. Murray

J. & E. Brohman

                         
Written Submissions:

J. Murray

J. & E. Brohman 

C. Jepson

S. Rose 

L. Creed 

Y. Hiba

M. Kypriancu

D. Webster

M. Mordus

B. Suk

The Committee was advised the applicant requested a minor variance to the Zoning By-law to permit an accessory outdoor storage for 'utility' use in a yard abutting a residential zone, whereas the Zoning By-law does not permit accessory outdoor storage for 'utility' use in a yard abutting a residential zone.

The Committee considered Development Services Department report DSD-2023-302, dated June 30, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application. 

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

B. Flewwelling and B. Brown were in attendance in support of the staff recommendation.

J. Murray and J. Brohman were in attendance representing a group of property owners in opposition to the application. J. Murray outlined concerns with approving an outdoor storage space in a residential area as it is unclear the items proposed to be stored in the space. It was noted there is no appropriate barrier between the residential area and the storage space which is important in mitigating noise rising from work taking place in the outdoor storage space. Further, J. Murray expressed concerns for the removal of trees at the subject property and general maintenance of existing berm on the property. J. Murray outlined proposed remediation the Committee could impose if the application is approved.

In response to the concerns presented, B. Flewwelling noted the outdoor storage area is proposed to contain hydroelectric equipment. It was noted the outdoor storage space was previously a City snow dump facility, however the proposed snow storage areas would now be used solely for excess snow storage from the Enova Power property located at 301 Victoria Street South. Further, it was noted, trees were removed from the subject property as they were in a hazardous location being in close proximity to gas pipes.

In response to questions from the Committee, T. Malone-Wright noted an existing site plan for the subject location was approved in 2011 however, Staff require a new site plan application to ensure there are appropriate mitigation measures including visual barriers, landscaping, and tree management. T. Malone Wright noted many of the neighbourhood concerns will be addressed through site plan control process.

It was presented by staff and agreed by the Committee to amend the staff recommendation as outlined in the report DSD-2023-302 of the Committee’s decision this date to state that, the minor variance generally be in accordance with the future Site Plan application. 

Moved by S. Hannah

Seconded by D. Gundrum

• That the application of KITCHENER-WILMOT HYDRO INC requesting a minor variance to the Zoning By-law to permit an accessory outdoor storage for 'utility' use in a yard abutting a residential zone, whereas the Zoning By-law does not permit accessory outdoor storage for 'utility' use in a yard abutting a residential zone, and generally in accordance with a future Site Plan application, on  Part Lot 30, Plan 760, 59 Graber Place, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

5.12

B 2023-025 - 97 Second Avenue, DSD-2023-298

Submission No.: B 2023-025
Applicants: Musaab Saaub, Saif Saab, Manaf Saab
Property Location: 97 Second Avenue
Legal Description: Part Block B, Plan 254

Appearances:
In Support:

J. Henry

D. Stewart

M. Saaub

S. Saab

Contra:

None.

                          
Written Submissions:

None.

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 9.4m, a depth of 40.0m and an area of 377sq.m. The retained land will have a width of 13.1m, a depth of 40.0m and an area of 525sq.m. The severed land is proposed for a single detached dwelling, while the retained land will contain the existing single detached dwelling.

The Committee considered Development Services Department report DSD-2023-298, dated July 5, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 4, 2023, advising they have no concerns with the subject application, subject to the conditions as outlined in the report. 

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

J. Henry and D. Stewart were in attendance in support of the staff recommendation.

T. Malone-Wright noted that the applicant requested conditions 4-8 of the staff recommendation as outlined in report DSD-2023-298 be contained in an agreement registered on title, this way, the severed parcel can be sold prior to deed endorsement and the new owner will be responsible for fulfilling these conditions. It was noted the Planning and Engineering Departments have no objections to this request. 

The Committee discussed and agreed to amend Condition 4-8 proposed by Staff as outlined in Development Services Department report DSD-2023-298, of the Committee’s decision this date, to replace it with the following:

4. That the property owner shall enter into an agreement to be prepared by the City Solicitor which shall acknowledge that the severed lands are un-serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un-serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands.

The Committee noted, servicing and grading works are required to remove the existing accessory structure. As such, the Committee agreed to amend condition 11 of the staff recommendation as outlined in report DSD-2023-298, of the Committee's decision this date, to state that an agreement be registered on title for both the severed and retained lands.

Moved by S. Hannah 

Seconded by D. Gundrum 

• That the application of MANAF MAHMOOD SAAB and MUSAAB MAHMOUD SAAUB and SAIF MAHMOOD SAAB SAAB requesting consent to sever a parcel of land having a width of 9.4m, a depth of 40m and an area of 377sq.m, on Part Block B, Plan 254, 97 Second 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 enter into an agreement to be prepared by the City Solicitor which shall acknowledge that the severed lands are un-serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un-serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands.
  5. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.
  6. That the property owner shall obtain a Demolition Permit, for the accessory structure proposed to be demolished, to the satisfaction of the Chief Building Official, and remove the existing accessory structure prior to deed endorsement.
  7. That at the sole option of the City’s Director of Planning, the property owner shall enter into an agreement with the City of Kitchener, to be registered on title for both the severed and retained lands. The said agreement shall be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Planning, which shall include the following:

  a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Supervisor, Site Plans showing:

  (i)         the proposed location of all buildings (including accessory buildings and structures), decks and driveways;

  (ii)        the location of any existing buildings or structures to be removed or relocated;

  (iii)       the proposed grades and drainage;

  (iv)       the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition;

  (v)        justification for any trees to be removed; and

  (vi)       outline tree protection measures for trees to be preserved; and

  (vii)      building elevation drawings.

  (viii)     If necessary, the plan shall include required mitigation and or compensation measures.

  (ix)       That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s).

  b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Supervisor, Site Plans.

  8. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  9. That the property owner shall enter into a registered development agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale and Lease/Rental Agreements:

  a) For the Severed lands:

  i) The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future at the occupant’s discretion.

  ii) The following noise warning clause will be included in all offers of purchase and sale and lease/rental agreements for the Severed lands:

   “The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP).”

  “This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP).”

  b) For the Retained lands:

  i) The following noise-warning clause shall be included in all offers of purchase and sale and lease/rental agreements for the Retained lands:

  “The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP).”

  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.

5.13

B 2023-026 & A 2023-087 - 30-40 Margaret Avenue, DSD-2023-312

Submission No.: B 2023-026 & A 2023-087
Applicant: Alex Sumner, Activa Holdings Inc.
Property Location: 30-40 Margaret Avenue
Legal Description: Lots 193-198, 211-213, Plan 374 and Part Lots 199-203, 214-218; being Parts 1-3 on Reference Plan 58R-17705

Appearances:

In Support:

P. Chauvin

E. McShane

Contra:  

None.

                        
Written Submissions:

M. Henderson

The Committee was advised the applicant requested permission to sever a parcel of land identified as Part 2 on Reference Plan 58R-17705, having a width of 1.8m, a depth of 57.5m, and an area of 103.5sq.m, to be conveyed as a lot addition to the adjacent properties municipally addressed as 12 Margaret Avenue and 116 Queen Street North, in order for the entirety of an existing shared access lane to be under the ownership of the Church of the Good Shepherd. A minor variance to Zoning By-law 85-1 is also requested, to permit access steps with a height of 1.2m within 3.0m of a street line, whereas the Zoning By-law only permits steps with a maximum height of 0.6m within 3.0m of a street line; to permit 1.1 parking spaces per dwelling unit rather than the required 1.25 parking spaces per dwelling unit; to permit 12.9% of the total required parking to be designated for visitor use rather than the minimum required 20%; and, to permit an easterly side yard setback of 3.6m rather than the required 6.0m; and, to permit a front yard setback of 3.47m rather than the required 4.5m, to facilitate the construction of 47 dwelling units having 23 rear lane access townhouses facing Margaret Avenue, and 24 townhouse units facing an internal private lane, in accordance with Site Plan Application SP22/187/M/AP. 

The Committee considered Development Services Department report DSD-2023-312, dated July 7, 2023, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 30, 2023, advising they have no concerns with the subject application. 

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

P. Chauvin and E. McShane were in attendance in support of the staff recommendation.

Moved by B. Santos 

Seconded by B. McColl

• That the application of ACTIVA HOLDINGS INC requesting a minor variance to Zoning By-law 85-1 is also requested, to permit access steps with a height of 1.2m within 3.0m of a street line, whereas the Zoning By-law only permits steps with a maximum height of 0.6m within 3.0m of a street line; to permit 1.1 parking spaces per dwelling unit rather than the required 1.25 parking spaces per dwelling unit; to permit 12.9% of the total required parking to be designated for visitor use rather than the minimum required 20%; and, to permit an easterly side yard setback of 3.6m rather than the required 6.0m; and, to permit a front yard setback of 3.47m rather than the required 4.5m, to facilitate the construction of 47 dwelling units having 23 rear lane access townhouses facing Margaret Avenue, and 24 townhouse units facing an internal private lane, in accordance with Site Plan Application SP22/187/M/AP, on Lots 193-198, 211-213, Plan 374 and Part Lots 199-203, 214-218; being Parts 1-3 on Reference Plan 58R-17705, 30-40 Margaret 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.
• That the application of ACTIVA HOLDINGS INC requesting consent to sever a parcel of land identified as Part 2 on Reference Plan 58R-17705, having a width of 1.8m, a depth of 57.5m, and an area of 103.5sq.m, to be conveyed as a lot addition to the adjacent properties municipally addressed as 12 Margaret Avenue and 116 Queen Street North, on Lots 193-198 & 211-213 and Part Lots 199-203 & 214-218, Registered Plan 374, 30-40 Margaret 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 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.
  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 satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  7. That the property owner shall grant Metrolinx an environmental easement over the Retained Lands for operational emissions, to the satisfaction of Metrolinx.
  8. That the property owner shall provide confirmation to Metrolinx for the Retained Lands, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor, to the satisfaction of Metrolinx:

  “Warning: The Applicant is advised that the subject land is located within Metrolinx’s 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units.”

  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.

6.

ADJOURNMENT

On motion, the meeting adjourned at 12:20 p.m.

 

 

Marilyn Mills

Secretary-Treasurer 

Committee of Adjustment