Committee of Adjustment

Committee Minutes

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Council Chambers
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
Present:
  • B. Santos, Chair
  • B. McColl, Member
  • A. Brennan, Member
  • M. Melo, Member
  • M. Gambetti, Member
Staff:
  • T. Malone-Wright, Manager, Development Approvals
  • M. Mills, Committee Coordinator
  • C. Owen, Administrative Clerk

The Committee of Adjustment met this date commencing at 10:01 a.m.

Moved by B. McColl

Seconded by M Gambetti 

  • "That the regular minutes of the Committee of Adjustment meeting held June 17, 2025, as circulated to the members, be accepted."

    Carried

M. Gambetti declared a pecuniary interest with respect to minor variance application A 2025-063 - 55 Shoemaker Street, DSD-2025-308 on the agenda this date as their family member operates a business at the subject property. Accordingly, M. Gambetti did not participate in any discussion or vote regarding this matter.

A. Brennan declared a pecuniary interest with respect to consent application B 2025-021 - 546 Courtland Avenue East, DSD-2025-301, on the agenda this date due to their employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter.

Submission No.: B 2024-031
Applicant: KK Holding Inc
Property Location: 829 Stirling Avenue South
Legal Description: Part Lot 3, Plan 785

Appearances:

In Support:

H. Vardhan Reddy Challa

Contra:

None

Written Submissions:

K. Bonthu

The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.9m, a depth of 45.7m and an area of 362.3 sq.m. The retained land will have a width of 7.9m, a depth of 45.7m and an area of 362.3 sq.m. The severance will allow each half of a semi-detached dwelling to be dealt with independently.

The Committee considered Development Services Department report DSD-2024-482, dated November 6, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 4, 2024, advising they have no concerns with the subject application. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 4, 2024, and June 30, 2025, advising they have no concerns with the subject application.

H. Vardhan Reddy Challa was in attendance requesting the Committee further defer consideration of the subject application for an additional 8 months or earlier as delays in the permitting process and necessary revisions to the building permit have delayed construction of the proposed dwelling. 

Moved by B. McColl

Seconded by M. Gambetti

  • That the application of KK HOLDING INC requesting consent to sever a parcel of land having a width of 7.9m, a depth of 45.7m and an area of 362.3sq.m. on Part Lot 3, Plan 785, 829 Stirling Avenue South, Kitchener, Ontario, BE DEFERRED until March 2026, or earlier to allow an opportunity for the property foundation to be laid and surveyed, prior to the severance of the lot as outlined in Development Services Department report DSD-2024-482.

    Carried

Submission No.: A 2025-062
Applicant: Pier 4 REIT
Property Location: 124 Tupper Crescent
Legal Description: Lots 68, 69 and 70, Plan 1203

Appearances:

In Support:

T. Adair

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance not to provide a 1.8m high 'Visual Barrier' between a parking lot and a lot line abutting a residential zone whereas the Zoning By-law requires a 1.8m high Visual Barrier in this location to facilitate the addition of 2 new dwelling units within the existing building for a total of 25 dwelling units in accordance with Site Plan Application SP24/049/T/AP.

The Committee considered Development Services Department report DSD-2025-300, dated July 2, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 24, 2025, 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 30, 2025, advising they have no concerns with the subject application.

T. Adair, MHBC Planning, was in attendance in support of the staff recommendation.

Moved by M. Melo 

Seconded by M. Gambetti

  • That the application of PIER 4 REIT and PIER 6 REAL ESTATE GP LTD requesting a minor variance not to provide a 1.8m high 'Visual Barrier' between a parking lot and a lot line abutting a residential zone whereas the Zoning By-law requires a 1.8m high Visual Barrier in this location, to facilitate the addition of 2 new dwelling units within the existing building for a total of 25 dwelling units in accordance with Site Plan Application SP24/049/T/AP, on Lots 68, 69 and 70, Plan 1203, 124 Tupper Crescent, Kitchener, Ontario, BE APPROVED.

    It is the opinion of this Committee that:

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

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

    Carried

Submission No.: A 2025-063
Applicant: Bellair (Shoemaker) Inc. c/o Matthew Nisker
Property Location: 55 Shoemaker Street
Legal Description: Part Lot 2, Plan 1478

Appearances:

In Support:

S. Rosatone

M. Johnston

Contra:

None

Written Submissions:

None

(M. Gambetti declared a pecuniary interest with respect to minor variance application A 2025-063 - 55 Shoemaker Street, DSD-2025-308 on the agenda this date as a family member operates a business at the subject property. Accordingly, M. Gambetti did not participate in any discussion or vote regarding this matter.)

M. Gambetti left the meeting at this time.

The Committee was advised the applicant requested a minor variance to permit a parking rate of 44 parking spaces (1 parking space per 66 sq.m. of the Ground Floor Area) for a multiple unit building, , with a maximum of 800 sq.m. to be used as a ‘Fitness Centre’ rather than the minimum required 81 parking spaces (1 parking space per 35 sq.m. of the Ground Floor Area) to recognize the existing parking provision for the building on the subject property.

The Committee considered Development Services Department report DSD-2025-308, dated July 2, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 24, 2025, 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 30, 2025, advising they have no concerns with the subject application.

S. Rosatone, Urban Solutions Planning & Land Development Consultants Inc., was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by A. Brennan

  • That the application of BELLAIR (SHOEMAKER) INC requesting a minor variance to permit a parking rate of 44 parking spaces (1 parking space per 66 sq.m. of the Ground Floor Area) for a multiple unit building, with a maximum of 800 sq.m. to be used as a ‘Fitness Centre’ rather than the minimum required 81 parking spaces (1 parking space per 35 sq.m. of the Ground Floor Area) to recognize the existing parking provision for the building on the subject property, in accordance with Site Plan Application SPB25/027/s, on Part Lot 2, Plan 1478, 55 Shoemaker Street, Kitchener, Ontario, BE APPROVED.

    It is the opinion of this Committee that:

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

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

    Carried

Submission No.: A 2025-064 & A 2025-065
Applicant: Amy Brooke and Nigel Brooke
Property Location: 82 Brunswick Avenue
Legal Description: Lot 9, Plan 373

Appearances:

In Support:

A. Brooke

N. Brooke

Contra:

R. Miller

K. Targosz

Written Submissions:

R. Floris

P. Eckstein

J. Ditzend

K. Bester

K. Targosz Valdez

A. Valdez

C. Shantz

L. Charette

M. Wright

B. Magolon

Z. Schnarr

M. Jackett

M. Gambetti re-entered the meeting at this time.

The Committee was advised the applicant requested minor variances to permit the future severed lot to have a parking requirement of 1 parking space rather than the minimum required 2 parking spaces; and, to permit a rear yard setback of 5.6m rather than the minimum required 7.5m to facilitate the development of a detached dwelling with 3 dwelling units on the future severed lot; and, requested minor variances to permit the future severed lot to have a parking requirement of 1 parking space rather than the minimum required 2 parking spaces; and, to permit a rear yard setback of 7m rather than the minimum required 7.5m, to facilitate the development of a detached dwelling with 3 dwelling units on the future retained lot.

The Committee considered Development Services Department report DSD-2025-303, dated July 4, 2025, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 24, 2025, 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 30, 2025, advising they have no concerns with the subject application.

A. Brooke and N. Brooke were in attendance in support of the staff recommendation. 

R. Miller and K. Targosz were in attendance in opposition to the staff recommendation expressing concerns with insufficient parking in the subject neighbourhood which would be further exacerbated by the proposed parking reduction. Concerns were also raised regarding increased congestion on Brunswick Avenue as it is a narrow street and its' impact on safety and livability of the neighbourhood.

In response to questions from the Committee, A. Brooke noted parking will not be offered for all the proposed units; thus stating, in their opinion the parking reduction request is reasonable.

In response to additional questions from the Committee, T. Malone-Wright noted that, as of right, the applicant can construct a semi-detached dwelling or a semi-detached duplex dwelling; the parking requirement is 2 parking spaces. 

In relation to the concerns raised regarding parking and congestion, M. Gambetti stated an opinion that the subject neighborhood is a few kilometers away from a Transit Station and seems accessible to other amenities.

A. Brennan noted support for the requested parking variance stating the applicant has worked with staff to refine their initial site plan in response concerns that were raised by the adjacent property owners.

A motion was brought forward by M. Gambetti, which was seconded by B. McColl, to approve the staff recommendation outlined in Development Services Department report DSD-2025-303.

It was requested that the variances be voted on separately.  

B. Santos, B. McColl and M. Melo noted they would not be voting in support of the requested parking reduction as the variance is not desirable for the appropriate development of the property given the insufficient parking in the neighbourhood, and further, the proposed development is located on a narrow street where street parking is not permitted.

The minor variances related to the rear yard setbacks were then voted on and were Carried.

The minor variances related to the parking requirement of 1 parking space rather than the minimum required 2 parking spaces was then voted on and was LOST. It was noted, as a result of the parking variance being voted on LOST, the parking variance has effectively been refused.

  • Submission No. A 2025-064 

    Moved by M. Gambetti

    Seconded by B. McColl

    That the application of AMY BROOKE and NIGEL BROOKE requesting a minor variance to permit a rear yard setback of 5.6m rather than the minimum required 7.5m to facilitate the development of a detached dwelling with 3 dwelling units, generally in accordance with drawings prepared by Southwood Homes, dated May 29, 2025, on Lot 9, Plan 373, 82 Brunswick Avenue (Left Semi-Detached Dwelling on the Future Severed Lot), Kitchener, Ontario, BE APPROVED, subject to the following condition:

    1. That the property owner shall submit a Plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Manager, Site Plans and the Director of Parks and Cemeteries, showing the following:
      1. the proposed location of all buildings (including accessory buildings and structures), decks and driveways;
      2. the location of any existing buildings or structures to be removed or relocated;
      3. the proposed grades and drainage;
      4. 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. If necessary, the plan shall include required mitigation and or compensation measures;
      5. the location of all City-owned street-tree(s) demonstrating protection and preservation of the City-owned tree(s);
      6. justification for any tree(s) to be removed;
      7. outline tree protection measures for trees to be preserved; and
      8. building elevation drawings.

    It is the opinion of this Committee that:

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

     - AND -

    That the application of AMY BROOKE and NIGEL BROOKE requesting a minor variance to permit a parking requirement of 1 parking space rather than the minimum required 2 parking spaces to facilitate the development of a detached dwelling with 3 dwelling units, generally in accordance with drawings prepared by Southwood Homes, dated May 29, 2025, on Lot 9, Plan 373, 82 Brunswick Avenue (Left Semi-Detached Dwelling on the Future Severed Lot), Kitchener, Ontario, BE REFUSED.

    It is the opinion of this Committee that:

    1. The variance requested in this application related to the parking requirement is not minor.
    2. This variance requested in this application related to the parking requirement is not desirable for the appropriate development of the property.
    3. The variance requested in this application related to the parking requirement does not maintain the general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan on the subject property.

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

    Carried
  • Submission No. A 2025-065

    Moved by M. Gambetti

    Seconded by B. McColl

    That the application of AMY BROOKE and NIGEL BROOKE requesting a minor variance to permit a rear yard setback of 7m rather than the minimum required 7.5m to facilitate the development of a detached dwelling with 3 dwelling units, generally in accordance with drawings prepared by Southwood Homes, dated May 29, 2025, on Lot 9, Plan 373, 82 Brunswick Avenue (Right Semi-Detached Dwelling on the Future Retained Lot), Kitchener, Ontario, BE APPROVED, subject to the following condition:

    1. That the property owner shall submit a Plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Manager, Site Plans and the Director of Parks and Cemeteries, showing the following:
      1. the proposed location of all buildings (including accessory buildings and structures), decks and driveways;
      2. the location of any existing buildings or structures to be removed or relocated;
      3. the proposed grades and drainage;
      4. 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. If necessary, the plan shall include required mitigation and or compensation measures;
      5. the location of all City-owned street-tree(s) demonstrating protection and preservation of the City-owned tree(s);
      6. justification for any tree(s) to be removed;
      7. outline tree protection measures for trees to be preserved; and
      8. building elevation drawings.

    It is the opinion of this Committee that:

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

    - AND –

    That the application of AMY BROOKE and NIGEL BROOKE requesting a minor variance to permit a parking requirement of 1 parking space rather than the minimum required 2 parking spaces to facilitate the development of a detached dwelling with 3 dwelling units, generally in accordance with drawings prepared by Southwood Homes, dated May 29, 2025, on Lot 9, Plan 373, 82 Brunswick Avenue (Right Semi-Detached Dwelling on the Future Retained Lot), Kitchener, Ontario, BE REFUSED.

    It is the opinion of this Committee that:

    1. The variance requested in this application related to the parking requirement is not minor.
    2. This variance requested in this application related to the parking requirement is not desirable for the appropriate development of the property.
    3. The variance requested in this application related to the parking requirement does not maintain the general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan on the subject property.

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

    Carried

Submission No.: A 2025-066
Applicant: Chares Ormston
Property Location: 508 New Dundee Road
Legal Description: Lot 8, Reference Plan 58R-18524

Appearances:

In Support:

B. Lacy

K. Schreiner

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit a new driveway north of the existing driveway to be comprised of grass rather than a hard surface material; and, to permit the new driveway not to be of a distinguishable material to facilitate the construction of a detached garage for motor vehicles.

The Committee considered Development Services Department report DSD-2025-306, dated July 2, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 24, 2025, 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 30, 2025, advising they have no concerns with the subject application.

B. Lacy, MSS Architects, was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by M. Gambetti

  • That the application of CHARLES ORMSTON requesting minor variances to permit a new driveway north of the existing driveway to be comprised of grass rather than a hard surface material; and, to permit the new driveway not to be of a distinguishable material to facilitate the construction of a detached garage for motor vehicles, generally in accordance with drawings prepared by Martin Simmons Sweers, dated May 9, 2025, on Lot 8, Reference Plan 58R-18524, 508 New Dundee Road, Kitchener, Ontario, BE APPROVED.

    It is the opinion of this Committee that:

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

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

    Carried

Submission No.: A 2025-067 & A 2025-068
Applicant:  2866747 Ontario Inc. c/o Setmir Faikovski
Property Location: 38 Fifth Avenue (Units A & B)
Legal Description: Lot 119, Plan 254

Appearances:

In Support:

J. MacDonald

M. Meli

S. Spiegl

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit a driveway width of 1.5m rather than the minimum required 2.6m; to permit a driveway width of 8.5m in the rear yard rather than the maximum permitted 8m; to permit a Semi-Detached Dwelling where the Semi-Detached Dwelling units are divided vertically by a shared driveway and common wall above the driveway extending to the roofline; and, to permit a maximum building height of 11.5m rather than the maximum permitted 11m to facilitate the development of a semi-detached dwelling on each lot, each half of the semi-detached dwellings having 4 dwelling units.

The Committee considered Development Services Department report DSD-2025-311, dated July 4, 2025, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 24, 2025, 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 30, 2025, advising they have no concerns with the subject application.

J. MacDonald, John MacDonald Architect, was in attendance in support of the staff recommendation. 

  • Submission No. A 2025-067

    Moved by M. Gambetti

    Seconded by M. Melo

    That the application of 2866747 ONTARIO INC requesting minor variances to permit a minimum driveway width of 1.5m rather than the required 2.6m; to permit a maximum driveway width of 8.5m in the rear yard rather than the permitted 8m; to permit a Semi-Detached Dwelling where the Semi-Detached Dwelling units are divided vertically by a shared driveway and common wall above the driveway extending to the roofline; and, to permit a maximum building height of 11.5m rather than the maximum permitted 11m to facilitate the development of a semi-detached dwelling, generally in accordance with drawings prepared by John MacDonald Architect, dated April 2, 2025, revised June 17, 2025, on Lot 119, Plan 254, 38 Fifth Avenue (Unit A), 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
  • Submission No. A 2025-068

    Moved by M. Gambetti

    Seconded by M. Melo

    That the application of 2866747 ONTARIO INC requesting minor variances to permit a minimum driveway width of 1.5m rather than the required 2.6m; to permit a maximum driveway width of 8.5m in the rear yard rather than the permitted 8m; to permit a Semi-Detached Dwelling where the Semi-Detached Dwelling units are divided vertically by a shared driveway and common wall above the driveway extending to the roofline; and, to permit a maximum building height of 11.5m rather than the maximum permitted 11m to facilitate the development of a semi-detached dwelling, generally in accordance with drawings prepared by John MacDonald Architect, dated April 2, 2025, revised June 17, 2025,  on Lot 119, Plan 254, 38 Fifth Avenue (Unit B), 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.

Submission No.: A 2025-069 & A 2025-070
Applicant: 15651107 Canada Inc. c/o Sabah Ur Rahman, Adnan Karim Qureshi, Mohammad Abid Siddiqui
Property Location: 439 Alice Avenue (Units A & B)
Legal Description: Lot 57, Plan 645

Appearances:

In Support:

W. Gulrez

S. Khan

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit a driveway leading to an attached garage to be setback 0.1m from the southern side lot line rather than minimum required 1.2m; to permit a front yard setback of 5.2m rather than the minimum required 9.5m; to permit a northerly side yard setback of 0m rather than the minimum required 1.2m; to permit a southerly side yard setback of 1m rather than the minimum required 1.2m to facilitate the development of a semi-detached dwelling, each half having 3 dwelling units (left semi-detached dwelling - Unit A).

Requesting minor variances to permit 1 parking space rather than the minimum required 2 parking spaces; to permit a corner lot width of 9.3m rather than the minimum required 12m; to permit a front yard setback of 3m rather than the minimum required 9.5m; to permit a southerly interior side yard setback of 0m rather than minimum required 1.2m; and, to permit an exterior side yard setback of 2.5m rather than the minimum required 4.5m to facilitate the construction of a semi-detached dwelling, each half having 3 dwelling units (right semi-detached dwelling - Unit B).

The Committee considered Development Services Department report DSD-2025-314, dated July 7, 2025, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 24, 2025, 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 30, 2025, advising they have no concerns with the subject application.

W. Gulrez, Alphatrons, was in attendance in support of the staff recommendation.

  • Submission No. A 2025-069

    Moved by B. McColl

    Seconded by A. Brennan

    That the application of 15651107 CANADA INC requesting minor variances to permit a driveway leading to an attached garage to be setback 0.1m from the southern side lot line rather than minimum required 1.2m; to permit a front yard setback of 5.2m rather than the minimum required 9.5m; to permit a northerly side yard setback of 0m rather than the minimum required 1.2m; to permit a southerly side yard setback of 1m rather than the minimum required 1.2m to facilitate the development of a semi-detached dwelling having 3 dwelling units, generally in accordance with drawings prepared by Alphatrons, dated June 12, 2025, on Lot 57, Plan 645, 439 Alice Avenue (Left Semi-Detached Dwelling - Unit A), Kitchener, Ontario, BE APPROVED, subject to the following condition:

    1. That the property owner shall submit a Plan(s), prepared by a qualified consultant, to the satisfaction and approval of the City’s Manager, Site Plans and the Director of Parks and Cemeteries and City’s Director of Engineering, showing the following:
      1. the proposed location of all buildings (including accessory buildings and structures), decks and driveways;
      2. the location of any existing buildings or structures to be removed or relocated;
      3. the proposed grades and drainage; which plan demonstrates the existing retaining wall within the City boulevard on Karn Street is removed or relocated entirely within private property;
      4. 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. If necessary, the plan shall include required mitigation and or compensation measures;
      5. the location of all City-owned street-tree(s) demonstrating protection and preservation of the City-owned tree(s);
      6. justification for any tree(s) to be removed;
      7. outline tree protection measures for trees to be preserved; and
      8. building elevation drawings.

    It is the opinion of this Committee that:

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

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

    Carried
  • Submission No. A 2025-070

    Moved by B. McColl

    Seconded by A. Brennan

    That the application of 15651107 CANADA INC requesting a minor variance to permit 1 parking space rather than the minimum required 2 parking spaces; to permit a corner lot width of 9.3m rather than the minimum required 12m; to permit a front yard setback of 3m rather than the minimum required 9.5m; to permit a southerly interior side yard setback of 0m rather than minimum required 1.2m; and, to permit an exterior side yard setback of 2.5m rather than the minimum required 4.5m to facilitate the construction of a semi-detached dwelling having 3 dwelling units, generally in accordance with drawings prepared by Alphatrons, dated June 12, 2025, on Lot 57, Plan 645, 439 Alice Avenue (Right Semi-Detached Dwelling - Unit B), Kitchener, Ontario, BE APPROVED, subject to the following condition:

    1. That the property owner shall submit a Plan(s), prepared by a qualified consultant, to the satisfaction and approval of the City’s Manager, Site Plans and the Director of Parks and Cemeteries and City’s Director of Engineering, showing the following:
      1. the proposed location of all buildings (including accessory buildings and structures), decks and driveways;
      2. the location of any existing buildings or structures to be removed or relocated;
      3. the proposed grades and drainage; which plan demonstrates the existing retaining wall within the City boulevard on Karn Street is removed or relocated entirely within private property;
      4. 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. If necessary, the plan shall include required mitigation and or compensation measures;
      5. the location of all City-owned street-tree(s) demonstrating protection and preservation of the City-owned tree(s);
      6. justification for any tree(s) to be removed;
      7. outline tree protection measures for trees to be preserved; and
      8. building elevation drawings.

    It is the opinion of this Committee that:

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

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

    Carried

Submission No.: B 2025-021
Applicant: Freure Promontory Inc. c/o Daryl George
Property Location: 546 Courtland Avenue East
Legal Description: Lot 7, Plan 692

Appearances:

In Support:

J. McConnell

Contra:

None

Written Submissions:

None

(A. Brennan declared a pecuniary interest with respect to consent application B 2025-021 - 546 Courtland Avenue East, DSD-2025-301, on the agenda this date due to their employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter.)

A. Brennan left the meeting at this time. 

The Committee was advised the applicant requested consent to sever a triangular-shaped parcel of land from the rear of the property, measuring 8.1m by 9.1m by 3m, having an area of 11.9 sq.m., shown as Part 2 on the Draft Reference Plan attached to the application, and to convey it as a lot addition to the property municipally addressed as 265 Bedford Road.

The Committee considered Development Services Department report DSD-2025-301, dated July 3, 2025, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 27, 2025, advising they have no concerns with the subject application subject to a condition as outlined in the report.

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 30, 2025, advising they have no concerns with the subject application subject to a condition as outlined in the report.

J. McConnell, Miller Thomson, was in attendance in support of the staff recommendation.

Moved by B. McColl

Seconded by M. Gambetti

  • That the application of FREURE PROMONTORY INC requesting consent to sever a triangular-shaped parcel of land from the rear of the property, measuring 8.1m by 9.1m by 3m, having an area of 11.9 sq.m., shown as Part 2 on the Draft Reference Plan attached to the application, and to convey it as a lot addition to the property municipally addressed as 265 Bedford Road, on Lot 7, Plan 692, 546 Courtland Avenue 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 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.

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

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

    It is the opinion of this Committee that:

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

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

    Carried

A. Brennan re-entered the meeting at this time.

On motion, the meeting adjourned at 11:21 a.m.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment

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