Committee of Adjustment

Committee Minutes

Tuesday, August 20, 2024 at 10:00 A.m. - 12:00 P.m.

Conestoga Room

City of Kitchener

200 King Street W, Kitchener, ON N2G 407

Present:

• D. Pateman, Chair
• S. Hannah, Member
• B. Santos, Member
• M. Gambetti, Member

Staff:

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

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1.

COMMENCEMENT

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

2.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held July 16, 2024, as circulated to the members, be accepted.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

None.

4.

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

5.

NEW BUSINESS

5.1

A 2024-058 - 175 Hoffman Street, DSD-2024-362

Submission No.: A 2024-058
Applicant: Kyle Ford
Property Location: 175 Hoffman Street
Legal Description: Part Lot 24, Plan 384

Appearances:

In Support:

K. Ford

N. McNamara

Contra:

None

Written Submissions:

R. D'Alessandro

The Committee was advised the applicant requested a minor variance to permit a parking rate of 0.64 parking spaces per unit (9 parking spaces) rather than the required parking rate of 1.0 parking space per unit (14 parking spaces) to facilitate the conversion of the existing 8 unit multiple dwelling to a 14 unit multiple dwelling in accordance with conditionally Approved Site Plan Application SP24/009/H/ES.

The Committee considered Development Services Department report DSD-2024-362, dated August 7, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

N. McNamara & K. Ford were in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by S. Hannah

• That the application of 1000213586 ONTARIO INC (KYLE FORD) requesting a minor variance to permit a parking rate of 0.64 parking spaces per unit (9 parking spaces) rather than the required parking rate of 1.0 parking space per unit (14 parking spaces) to facilitate the conversion of the existing 8 unit multiple dwelling to a 14 unit multiple dwelling in accordance with Conditionally Approved Site Plan Application SP24/009/H/ES, on Part Lot 24, Plan 384, 175 Hoffman 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

5.2

A 2024-059 - 15 Strange Street, DSD-2024-348

Submission No.: A 2024-059
Applicant: 1000213586 Ontario Inc c/o Kyle Ford
Property Location: 15 Strange Street
Legal Description: Part Park Lots 270 & 494, Plan 375

Appearances:

In Support:

K. Ford

N. McNamara

Contra:

D. Mack-Lam

E. Ries

Written Submissions:

R. D'Alessandro

D. Mack-Lam

The Committee was advised the applicant requested minor variances to Zoning By-laws 85-1 and 2019-051 to allow for no visual barriers along the north and west side of the parking lot, whereas the By-law requires a visual barrier where the parking lot is located; to permit a parking rate of 0.58 parking spaces per unit (7 parking spaces) rather than the required parking rate of 1.25 parking spaces per unit (15 parking spaces); having 6% of the required parking as visitor parking (1 parking space) rather than the required 15% visitor parking (2 parking spaces) to facilitate the conversion of the existing 9 unit multiple dwelling to a 12 unit multiple dwelling in accordance with Conditionally Approved Site Plan Application SP24/048/S/AA.

The Committee considered Development Services Department report DSD-2024-348, dated August 2, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

N. McNamara and K. Ford were in attendance in support of the staff recommendation.

E. Reese was in attendance in opposition of the staff recommendation noting concerns with potential parking encroachment from future tenants of the proposed multiple unit dwelling.

In response to questions from the Committee, it was noted there is not a mutual right of way between the subject property and the neighbouring property's parking lots, however the parking lots adjoin. In response to questions from the Committee, the applicant noted they would investigate measures to ensure future tenants do not utilize the neighbouring properties' parking space. D. Seller suggested unbundling parking space from rent as one method to mitigate parking encroachment.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of 1000213586 ONTARIO INC (KYLE FORD) and SILINOR PROPERTIES INC requesting minor variances to Zoning By-laws 85-1 and 2019-051 to allow for no visual barriers along the north and west side of the parking lot, whereas the By-law requires a visual barrier where the parking lot is located; to permit a parking rate of 0.50 parking spaces per unit (6 parking spaces) rather than the required parking rate of 1.0 parking spaces per unit (12 parking spaces); having 1 visitor parking space rather than the required 2 visitor parking spaces, to facilitate the conversion of the existing 9 unit multiple dwelling to a 12 unit multiple dwelling in accordance with Conditionally Approved Site Plan Application SP24/048/S/AA, on Part Park Lots 270 & 494, Plan 375, 15 Strange Street, Kitchener, Ontario, BE APPROVED:

  It is the opinion of this Committee that:

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

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

  Carried

5.3

A 2024-060 - 95 Brunswick Avenue, DSD-2024-353

Submission No.: A 2024-060
Applicant: Mike Orth
Property Location: 95 Brunswick Avenue
Legal Description: Lot 29, Plan 146

Appearances:

In Support:

M. Orth

A. Kolbas

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit a front yard setback of 3m rather than the required 5.7m; and, to permit a covered front porch to be setback from the front lot line 2.4m rather than the required 3m to facilitate the construction of a 2-storey addition and porch in the front yard of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2024-353, dated August 7, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

M. Orth and A. Kolbas, AKA Architect were in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by B. Santos 

• That the application of MICHAEL PHILIP ORTH requesting minor variances to permit a front yard setback of 3m rather than the required 5.7m; and, to permit a covered front porch to be setback from the front lot line 2.4m rather than the required 3m to facilitate the construction of a 2-storey addition and porch in the front yard of an existing single detached dwelling, generally in accordance with drawings prepared by AK-architect, dated July 4, 2024, on Lot 29, Plan 146, 95 Brunswick Avenue, Kitchener, Ontario, BE APPROVED:

  It is the opinion of this Committee that:

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

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

  Carried

5.4

A 2024-061 - 25 Palace Street, DSD-2024-364

Submission No.: A 2024-061
Applicant: Parkside Towns (Phase 3) Inc
Property Location: 25 Palace Street
Legal Description: Part Lot 3, MCP 1021, Part Lot 3, MCP 1026; being Part 1 on Reference Plan 58R-20771

Appearances:

In Support:

V. Ottoborgo

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to permit a parking rate of 0.085 for visitor parking spaces rather than the required 0.1 visitor parking spaces per unit to facilitate the registration of the Plan of Condominium for a mixed-used condominium development.

The Committee considered Development Services Department report DSD-2024-364, dated August 7, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

V. Ottoborgo, Parkside Towns (Phase 3) Inc. was in attendance in support of the staff recommendation.

Moved by M. Gambetti

Seconded by S. Hannah 

• That the application of PARKSIDE TOWNS (PHASE 3) INC requesting a minor variance to permit a parking rate of 0.085 for visitor parking spaces (9 parking spaces) rather than the required 0.1 visitor parking spaces per unit (11 parking spaces) to facilitate the registration of the Plan of Condominium for a mixed-used condominium development, on Part Lot 3, Municipal Complied Plan 1021, Part Lot 3, Municipal Complied Plan 1026; being Part 1 on Reference Plan 58R-20771, 25 Palace 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

5.5

A 2024-062 - 40 Palace Street, DSD-2024-365

Submission No.: A 2024-062
Applicant: Parkside Towns (Phase 2) Inc
Property Location: 40 Palace Street
Legal Description: Part Lots 3 and 4, MCP 1021, Part Lot 1, MCP 1022, being Part 10 on Reference Plan 58R-20771

Appearances:

In Support:

V. Ottoborgo

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to permit a parking rate of 0.085 parking for visitor parking spaces rather than the required 0.1 visitor parking spaces per unit to facilitate the registration of the Plan of Condominium for a mixed-used condominium development.

The Committee considered Development Services Department report DSD-2024-365, dated August 7, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

V. Ottoborgo, Parkside Towns (Phase 2) Inc. was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by M. Gambetti 

• That the application of PARKSIDE TOWNS (PHASE 2) INC requesting a minor variance to permit a parking rate of 0.085 parking for visitor parking spaces (8 parking spaces) rather than the required 0.1 visitor parking spaces per unit (10 parking spaces) to facilitate the registration of the Plan of Condominium for a mixed-used condominium development, on Part Lots 3 and 4, MCP 1021, Part Lot 1, MCP 1022 being Part 10, on Reference Plan 58R-20771, 40 Palace 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

5.6

A 2024-063 - 908 Chapel Hill Court, DSD-2024-354

Submission No.: A 2024-063
Applicant: Amrinder Singh
Property Location: 908 Chapel Hill Court
Legal Description: Lot 4, Plan 58M-630 

Appearances:

In Support:

A. Singh

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to permit a rear yard setback of 3m rather than the required 4m to facilitate the construction of an unenclosed deck in the rear yard exceeding 0.6m in height of an existing single detached dwelling.

The Committee considered Development Services Department report DSD-2024-354, dated August 7, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

A. Singh was in attendance in support of the staff recommendation.

Moved by M, Gambetti

Seconded by S. Hannah

• That the application of AMRINDER SINGH and PRABHJOT KAUR requesting a minor variance to permit a rear yard setback of 3m rather than the required 4m to facilitate the construction of an unenclosed deck in the rear yard exceeding 0.6m in height of an existing single detached dwelling, generally in accordance with drawings prepared by Janssen Design, dated December 20, 2019, on Lot 4, Plan 58M-630, 908 Chapel Hill 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.

  Carried

5.7

A 2024-064 - 67 Kimberly Crescent, DSD-2024-349

Submission No.: A 2024-064
Applicant: Steven De Sousa
Property Location: 67 Kimberly Crescent
Legal Description: Lot 122, Plan 1240

Appearances:

In Support:

C. Alegre

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested a minor variance to permit a lot width of 10.4m rather than the required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) in the rear yard of an existing duplex dwelling.

The Committee considered Development Services Department report DSD-2024-349, dated August 7, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

C. Alegre, Quinn Dressel Associates was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by B. Santos

• That the application of MAXINE THERESE MURCHIE and STEVEN COSTA DESOUSA requesting a minor variance to permit a lot width of 10.4m rather than the required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) in the rear yard of an existing duplex dwelling, generally in accordance with drawing and plans prepared by Quinn Dressel Associates, dated July 18, 2024, on Lot 122, Plan 1240, 67 Kimberly Crescent, Kitchener, Ontario, BE APPROVED:

  It is the opinion of this Committee that:

  1. The variances 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

5.8

A 2024-065 - 570 Frederick Street, DSD-2024-355

Submission No.: A 2024-065
Applicant: Juliana and Anthony Davies
Property Location: 570 Frederick Street
Legal Description: Lot 31, Plan 357

Appearances:

In Support:

V. Singh

D. Chaudhry

N. DeLorenzis

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested minor variances to permit to permit an easterly side yard setback for a parking lot of 0.44m rather than the required 1.5m; to permit parking spaces to be located 4.2m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 0 rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a Health Clinic in a Mixed Zone to have 8 parking spaces (1 parking space per 24.5 sq.m. Gross Floor Area (GFA)) rather than the required 11 parking spaces (1 parking space per 19 sq.m. GFA); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line façade, of 3.66m rather than the required 4.5m, to facilitate the development of a 3-storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB.

The Committee considered Development Services Department report DSD-2024-355, dated August 2, 2024, recommending approval as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 8, 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 August 2, 2024, advising they have no concerns with the subject application.

T. Malone-Wright clarified an error in the Staff recommendation outlined in report DSD-2024-355 noting the parking lot is to be setback 0.39m from the side lot line and the parking spaces are to be located 1.5m from the streetline.

D. Choudhry, V. Singh and N. DeLorenzis were in attendance in support of the staff recommendation.

In response to questions from the Committee regarding the proposed parking reduction, D. Chaudhry presented the Committee a draft site plan outlining the potential configuration of the parking spaces at the subject property. D. Chaudhry noted only 7 parking spaces could be provided rather than the 8 parking spaces requested in the minor variance application.

S. Hannah noted he would not be voting in favour of the Staff recommendation as he believes the property is overbuilt and may lead to parking encroachment on the neighbouring property. D. Pateman noted agreement with S. Hannah's comments.

D. Chaudhry noted an opinion that the property is not overbuilt as the existing building currently utilizes 22% of the lot and is proposed to increase to 36%.

The Committee discussed deferral of the subject application to the October 15, 2024 Committee of Adjustment meeting noting it would allow an opportunity for the applicants’ agents to have further conversations with Staff regarding the proposed number of parking spaces at the subject property and potential amendments to the Conditionally Approved Site Plan. 

D. Chaudhry noted support for a deferral of the subject application.

Moved by M. Gambetti

Seconded by B. Santos 

• That the application of DAVIES HOLDINGS INC and ESTATE OF GAIL IRENE SHEPPARD and JOHN AVERY SHEPPARD requesting minor variances to permit an easterly side yard setback for a parking lot of 0.39m rather than the required 1.5m; to permit parking spaces to be located 1.5m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 0 rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a Health Clinic in a Mixed Zone to have 8 parking spaces (1 parking space per 24.5 sq.m. Gross Floor Area (GFA)) rather than the required 11 parking spaces (1 parking space per 19 sq.m. GFA); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line façade, of 3.66m rather than the required 4.5m, to facilitate the development of a 3-storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB, on Lot 31, Plan 357, 570 Frederick Street, Kitchener, Ontario, BE DEFERRED to October 15, 2024, to allow an opportunity for the applicants’ agents to have further conversations with Staff regarding the proposed number of parking spaces at the subject property and potential amendments to the Conditionally Approved Site Plan.

  Carried

5.9

B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-358

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

Appearances:

In Support:

E. Elliott

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of 180m on King Street and an area of 2.01 hectares. The retained land at the corner of King Street East, Tu-Lane Street and Gateway Park Drive having a width of 57.6m on King Street East and an area of 1.82 hectares. Permission is also being requested to grant an access easement on the newly proposed lot line, and further to access points on Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m. The severance will allow both parcels to be dealt with separately for the purpose of financing. No changes are proposed to the buildings or parking areas.

The Committee considered Development Services Department report DSD-2024-358, dated August 7, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 6, 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 August 2, 2024, advising they have no concerns with the subject application.

T. Malone-Wright clarified an error in the Staff recommendation outlined in report DSD-2024-358 noting, condition 6 for application B 2024-017 and condition 11 for application B 2024-018 should state Gateway Park Drive rather than Gage Avenue.

E. Elliott, MHBC Planning was in attendance and requested the Committee defer consideration of the application to allow an opportunity for conversations with the City of Kitchener's Engineering and Building Staff regarding the conditions of approval outlined in the Staff report.

• Submission No. B 2024-017

  Moved by M. Gambetti

  Seconded by S. Hannah

  That the application of 1289193 ONTARIO INC requesting permission to grant an access easement on a newly proposed lot line, and further to access points on Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m generally in accordance with the severance sketch, prepared by MHBC Planning, dated May 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario, BE DEFERRED until September 17, 2024, to allow the applicant an opportunity for the applicant's agent to have conversations with the City of Kitchener's Engineering and Building Staff regarding the conditions of approval outlined in Development Services Department report DSD-2024-358.

   

  Submission No. B 2024-018

  Moved by M. Gambetti

  Seconded by S. Hannah

  That the application of 1289193 ONTARIO INC requesting permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of  237m, a depth of 140m, and an area of 20,092sq.m., and to create an Easement over the ‘Severed Parcel’, in favour of the ‘Retained Parcel’ for access, generally in accordance with the severance sketch, prepared by MHBC Planning, dated March 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, 135 Gateway Park Drive, Kitchener, Ontario, BE DEFERRED until September 17, 2024, to allow the applicant an opportunity for the applicant's agent to have conversations with the City of Kitchener's Engineering and Building Staff regarding the conditions of approval outlined in Development Services Department report DSD-2024-358.

  Carried

5.10

B 2024-019 - 250 Shirley Avenue, DSD-2024-350

Submission No.: B 2024-019
Applicant: Hidayath Holdings Inc c/o Farhan Hidayath
Property Location: 250 Shirley Avenue
Legal Description: Part Lot 122, German Tract Company; being Part 1 on Reference Plan 58R-11313 and Part 2 on Reference Plan 58R-2885, except Part 1 on Reference Plan 58R-7920

Appearances:

In Support:

S. Shaw

A. Falsetto

Contra:

None

Written Submissions:

None

The Committee was advised the applicant requested permission to sever a triangular parcel of land in the easterly rear yard having a width of 58m and an area of 0.15 hectares to be conveyed as a lot addition to the property municipally addressed as 260 Shirley Avenue. The retained land will have a width of 127.3m along Shirley Avenue and an area of 1.2 hectares. Both the severed and retained lands will continue to be of industrial use.

The Committee considered Development Services Department report DSD-2024-350, dated August 7, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 6, 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 August 2, 2024, advising they have no concerns with the subject application.

S. Shaw and A. Falsetto, PPC Ltd. were in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by B. Santos 

• That the application of HIDAYATH HOLDINGS INC requesting permission to sever a triangular parcel of land in the easterly rear yard having a width of 58m and an area of 0.15 hectares to be conveyed as a lot addition to the property municipally addressed as 260 Shirley Avenue, on Part Lot 122, German Tract Company; being Part 1 on Reference Plan 58R-11313 and Part 2 on Reference Plan 58R-2885, except Part 1 on Reference Plan 58R-7920, 250 Shirley Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the lands to be severed be added to the abutting lands and 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 Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor.

  It is the opinion of this Committee that:

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

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

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

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

  Carried

5.11

B 2024-020 - 573 Guelph Street, DSD-2024-351

Submission No.: B 2024-020
Applicant: Scenic Developments c/o Jon Crummer
Property Location: 573 Guelph Street
Legal Description: Lot 17, Plan 749

Appearances:

In Support:

J. Crummer

Contra:

None

Written Submissions:

B. Lavigne

M. Martin and T. Martin

The Committee was advised the applicant requested permission to sever a parcel of land so each part of a semi-detached dwelling may be dealt with separately. The severed land will have a width of 7.5m, a depth of 40.3m and an area of 302.25 sq.m. The retained land will have a width of 7.46m, a depth of 40.3m, and an area of 300.6 sq.m.

The Committee considered Development Services Department report DSD-2024-351, dated August 7, 2024, recommending approval with conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 6, 2024, advising they have no concerns with the subject application subject to a condition. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 2, 2024, advising they have no concerns with the subject application.

J. Crummer was in attendance in support of the staff recommendation. In response to questions from the Committee regarding a written submission, J. Crummer advised he is not aware of damages on neighbouring properties arising from construction at the subject site. J. Crummer noted this matter would be investigated further and if needed, repairs would be made. In response to further questions from the Committee, J. Crummer clarified the front yard of the subject property will consist of 2 driveways and a landscaped area.

S. Hannah brought forward a motion to approve the staff recommendation as outlined in report DSD-2024-351 including an amendment for an additional condition stating that the property owner shall ensure any new driveways are built in accordance with the approved Site Plan to the satisfaction of the City’s Director of Development and Housing Approvals.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of MARCRU CORP requesting permission to sever a parcel of land having a width of 7.5m, a depth of 40.3m and an area of 302.25 sq.m, on Lot 17, Plan 749, 573 Guelph Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the 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 there are no outstanding taxes on the subject property.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
  5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  6. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services.
  7. That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  8. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
  9. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.
  10. That the property owner shall make the appropriate arrangements with the City’s Director of Parks & Cemeteries for either financial compensation or a Landscape Plan and replanting for a previous City-owned Street tree that was removed during construction of the semi-detached dwelling.
  11. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  12. That the property owner shall ensure any new driveways are built in accordance with the approved Site Plan to the satisfaction of the City’s Director of Development and Housing Approvals.

  It is the opinion of this Committee that:

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

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

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

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

  Carried

5.12

B 2024-021 - 62 Gage Avenue, DSD-2024-357

Submission No.: B 2024-021
Applicant: Scenic Developments c/o Jon Crummer
Property Location: 62 Gage Avenue
Legal Description: Part Lot 20, Plan 402; being Part 1 on Reference Plan 58R-12573

Appearances:

In Support:

J. Crummer

Contra:

None

Written Submissions:

J. Levangie

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 15m, a depth of 28.5m and an area of 420 sq.m. The retained land will have a width of 17.8m, a depth of 28.5m and an area of 562 sq.m. The existing single detached dwelling is proposed to be demolished and two semi-detached dwellings are proposed to be constructed.

The Committee considered Development Services Department report DSD-2024-357, dated August 7, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 6, 2024, advising they have no concerns with the subject application subject to a condition. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 2, 2024, advising they have no concerns with the subject application.

J. Crummer was in attendance in support of the staff recommendation.

Moved by S. Hannah

Seconded by M. Gambetti

• That the application of SCENIC DEVELOPMENTS INC requesting permission to sever a parcel of land having a width of 15m, a depth of 28.5m and an area of 420 sq.m, on Part Lot 20, Plan 402; being Part 1 on Reference Plan 58R-12573, 62 Gage 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 there are no outstanding taxes on the subject property.
  3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  4. That the property owner shall obtain Demolition Control Approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Director, Development and Housing Approvals.
  5. That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement.
  6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
  7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services.
  9. That property owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  10. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
  11. That 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 prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Planning, which shall include the following:
      1. That the owner shall prepare a Tree Preservation Plan for the severed and retained lands, in accordance with the City’s Tree Management Policy, to be approved by the City’s Supervisor, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures.
      2. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans.
  12. That the property owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximate 1.5-metre-wide to 2.7-metre-wide road widening along the entire Gage Avenue frontages (retained and severed), as shown indicated on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of the City’s Director of Transportation Services.

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

  13. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.
  14. That the property owner shall fulfil one of the following options:
      1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following:

  1. 1. 1. That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City-owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City’s Director Parks & Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City’s Director Parks & Cemeteries.
        2. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City’s Director Parks & Cemeteries.
        3. The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development.

  OR

  1. 1. Make arrangements regarding financial compensation for the trees to be removed to the satisfaction of the City’s Director of Parks & Cemeteries. This will require a basic Tree Protection and Enhancement Plan, Arborist Report and ISA valuation of trees on City lands.

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

  It is the opinion of this Committee that:

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

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

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

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

  Carried

5.13

B 2024-022, A 2024-066 & A 2024-067 - 1180 Union Street, DSD-2024-366

Submission No.: B 2024-022, A 2024-066 & A 2024-067
Applicant: Vladan Knezevic
Property Location: 1180 Union Street
Legal Description: Lot 9, Plan 666

Appearances:

In Support:

V. Knezevic

Contra:

None

Written Submissions:

R. Mcilveen and N. Mcilveen

D. Parsons

The Committee was advised the applicant requested permission to sever a parcel of land having a width of 15.6m on Maple Avenue, a northerly depth of 15.6m and an area of 235 sq.m. The retained land will have a width of 12.6m on Union Street, a depth of 22.3m, and an area of 302.6 sq.m. Minor variances are also being requested for the severed land, to permit a front yard setback of 3.3m rather than the required 4.8m; and, a rear yard setback of 3m rather than the required 7.5m to facilitate the construction of a new duplex dwelling on the parcel. Minor variances are also being requested for the retained land, to permit a lot width of 12.65m rather than the required 15m; to permit a westerly side yard setback where there is a driveway of 2.9m rather than the required 3m; to permit a side yard setback abutting Maple Avenue of 3.2m rather than the required 4.5m; and, to permit a rear yard setback of 2.8m rather than the required 7.5m to maintain the existing single detached dwelling municipally addressed as 1180 Union Street.

The Committee considered Development Services Department report DSD-2024-366, dated August 9, 2024, recommending approval subject to conditions as outlined in the report.

The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 6, 2024 and August 8, 2024, advising they have no concerns with the subject application subject to conditions. 

The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 2, 2024, advising they have no concerns with the subject application.

V. Knezevic was in attendance in support of the staff recommendation. In regard to a written submission related to the subject application, V. Knezevic noted the streetscape is not changing, further, the proposed duplex dwelling is similar to a building at 1174 Union Street.

V. Knezevic noted the construction of the proposed duplex dwelling will not be constructed immediately, thus conditions 9-12 of the staff recommendation as outlined in report DSD-2024-366 should not be required at this time. T. Malone-Wright noted conditions 9-12 are standard conditions imposed by the Engineering Department for consent applications. Further, T. Malone Wright noted a grading plan was required in order for Engineering staff to recommend conditions appropriate to the subject site. The Committee suggested the applicant speak with City of Kitchener's Engineering Department to inquire about how to address conditions 9-12. 

S. Hannah noted he would not be voting in favour of the staff recommendation as the lot is over-intensified and does not seem functional.

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

• Submission No. B 2024-022

  Moved by B. Santos

  Seconded by M. Gambetti

  That the application of VLADAN KNEZEVIC requesting permission to sever a parcel of land having a width of 15.6m on Maple Avenue, a depth ranging between 14.43m and 15.67m, and a lot area of 235 sq.m., on Lot 9, Plan 666, 1180 Union Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:

  1. That Minor Variance Applications A2024-066 and A2024-067 receive final approval.
  2. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
  3. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property.
  4. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist.
  5. That at the sole option of the City’s Director, Development and Housing Approvals, the property owner shall enter into an agreement with the City of Kitchener, on both the severed lot and retained lot, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director, Development and Housing Approvals, which shall include the following:
     1. That the owner shall prepare a Tree Preservation Plan for the severed and retained lands, in accordance with the City’s Tree Management Policy, to be approved by the City’s Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures.
     2. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Manager, Site Plans.
     3. The owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.
  6. That the property owner shall complete a Building Code Assessment for the existing dwelling proposed to be retained on the retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City’s Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings’ wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results.

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

  7. That the property owner shall provide a grading and drainage control plan, to the satisfaction of the City’s Director of Engineering Services.

  8. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
  9. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
  10. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services.

  11. That property owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
  12. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
  13. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.
  14. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
  15. That prior to approval, the property owner shall enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots:
      1. That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks’ NPC-300 noise guideline, as applicable.
      2. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements:
         1. “Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks.”
         2. “This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and Ministry of Environment, Conservation and Parks.”
         3.  “Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible.”

  It is the opinion of this Committee that:

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

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

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

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

  Carried
• Submission No. A 2024-066

  Moved by B. Santos

  Seconded by M. Gambetti

  That the application of VLADAN KNEZEVIC requesting minor variances for a severed land (Consent Application B 2024-022) to have a front yard setback of 3.3m rather than the required 4.8m; and, a rear yard setback of 3m rather than the required 7.5m to facilitate the construction of a new duplex dwelling on the parcel, generally in accordance with the Sketch Prepared for Consent Application B 2024-022, prepared by J.D. Barnes Ltd, dated April 11, 2024, and the Proposed Site Plan, prepared by Bobicon Ltd., dated June 21, 2024, on Lot 9, Plan 666, 1180 Union Street, Kitchener, Ontario, BE APPROVED, subject to the following condition:

  1. That the property owner shall submit cross-section drawings showing the grading and relationship between the severed lot, adjacent properties, and Maple Avenue, to the satisfaction of the City’s Director of Development and Housing Approvals. The drawings shall illustrate all relevant proposed and existing features, including, but not limited to the proposed dwelling, adjacent existing dwellings, retaining walls, amenity areas/patios, and fencing.

  It is the opinion of this Committee that:

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

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

  Carried
• Submission No. A 2024-067

  Moved by B. Santos

  Seconded by M. Gambetti

  That the application of VLADAN KNEZEVIC requesting minor variances for a retained land (Consent Application B 2024-022), to permit a corner lot width of 12.65m rather than the required 15m; to permit a westerly side yard setback where there is a driveway of 2.9m rather than the required 3m; to permit a side yard setback abutting Maple Avenue of 3.2m rather than the required 4.5m; and, to permit a rear yard setback of 2.8m rather than the required 7.5m generally in accordance with the Sketch Prepared for Consent Application B 2024-022, prepared by J.D. Barnes Ltd, dated April 11, 2024, and the Proposed Site Plan, prepared by Bobicon Ltd., dated June 21, 2024, to maintain the existing single detached dwelling municipally addressed as 1180 Union Street, on Lot 9, Plan 666, 1180 Union Street, Kitchener, Ontario, BE APPROVED.

  It is the opinion of this Committee that:

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

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

  Carried

6.

ADJOURNMENT

On motion, the meeting was adjourned at 11:18 a.m.

 

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment