HomeMy WebLinkAboutCA - 2019-11-19COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 CITY OF KITCHENER
The Committee of Adjustment met this date, commencing at 10:08 a.m.
Present: Mr. D. Cybalski - Chair
Mr. B. McColl
Ms. J. Meader
Mr. S. Hannah
Mr. M. Kidd
Officials: Ms. J. von Westerholt, Senior Planner
Mr. G. Stevenson, Senior Planner
Mr. D. Seller, Traffic Planning Analyst
Ms. D. Saunderson, Secretary -Treasurer
Ms. H. Dyson, Administrative Clerk
MINUTES
Moved by Mr. M. Kidd
Seconded by Mr. B. McColl
That the regular minutes of the Committee of Adjustment meeting held October 15, 2019, as circulated to
the members, be accepted.
Carried
A 01 Fe11:7e1
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
"That Mr. D. Cybalski be appointed Chair of the Committee of Adjustment and Mr. B. McColl be
appointed Vice -Chair of the Committee of Adjustment for a term to expire November 30, 2020."
Carried
NEW BUSINESS:
MINOR VARIANCE APPLICATIONS:
1. Submission No.:
A 2019-111
Applicant:
Alyson Butler
Property Location:
37-39 Pandora Avenue North
Legal Description:
Part Lot 51, Registered Plan 129
Appearances:
In Support:
A. Butler
Contra:
None
Written Submissions: None
The Committee was advised the applicant is requesting permission for an existing duplex to have
one of the required off-street parking spaces to be 2.6m by 5.14m rather than the permitted 2.6m
by 5.5m.
The Committee considered Development Services Department report DSD -19-257 dated
November 8, 2019, recommending approval of this application, subject to the conditions outlined
in the Report.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -278- CITY OF KITCHENER
Submission No.: A 2019-111 (Cont'd)
Ms. A. Butler was in attendance in support of the subject application and staff recommendation.
In response to questions, she advised she purchased the property two years ago, noting the
previous owner had installed the driveway just prior to the sale.
In response to further questions, Ms. J. von Westerholt advised front yard parking is not
uncharacteristic of the neighbourhood, noting an additional variance was not required to permit
parking within the front yard.
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
That the application of ALYSON BUTLER requesting permission for an existing duplex to have
one of the required off-street parking spaces to be 2.6m by 5.14m rather than the permitted 2.6m
by 5.5m; and, to allow the parking space to encroach onto City lands, on Part Lot 51, Registered
Plan 129, 37-39 Pandora Avenue, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
That the owner shall obtain a curb cutting permit for the driveway widening from the
Engineering Division of the City of Kitchener, if required.
2. That the owner shall enter into an encroachment agreement for the parking space with
the City of Kitchener to be prepared by the City Solicitor and registered on title of the
subject lands.
3. That the owner shall complete the above noted Conditions prior to September 1, 2020.
Any request for a time extension must be approved in writing by the Manager of
Development Review (or designate), prior to the completion date set out in this decision.
Failure to fulfill these conditions will result in this approval becoming null and void.
It is the opinion of this Committee that:
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
2. Submission No.: A 2019-112
Applicant: 2645826 Ontario Inc.
Property Location: 45 Heiman Street
Legal Description: Subdivision of Lot 18 and Part Lot 44, German Company Tract, being
Part 5 on Reference Plan 58R-20182
- and -
Submission No.: A 2019-113
Applicant: 2645826 Ontario Inc.
Property Location: 47 Heiman Street
Legal Description: Subdivision of Lot 18 and Part Lot 44, German Company Tract, being
Part 5 on Reference Plan 58R-20182
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -279- CITY OF KITCHENER
2. Submission No.: A 2019-112 & A 2019-113 (Cont'd)
Appearances:
In Support: N. Krayishnik
Contra: None
Written Submissions: None
Regarding A 2019-112, the Committee was advised the applicant is requesting permission for a
semi-detached dwelling under construction to have a front porch exceeding 0.6m in height to be
setback 3.35m from the front lot line rather than the required 4.5m.
Regarding A 2019-113, the Committee was advised the applicant is requesting permission for a
semi-detached dwelling under construction to have a front porch exceeding 0.6m in height to be
setback 3.35m from the front lot line rather than the required 4.5m.
The Committee considered Development Services Department report DSD -19-258 dated
November 8, 2019, recommending approval of these applications.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with these applications.
Mr. N. Krayishnik was in attendance in support of the subject applications and staff
recommendations.
Submission No.: A 2019-112
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of 2645826 ONTARIO INC. requesting permission for a semi-detached
dwelling under construction to have a front yard setback of 3.35m rather than the required 4.5m,
on Subdivision of Lot 18 and Part Lot 44, German Company Tract, being Part 5 on Reference
Plan 58R-20182, 45 Heiman 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 2019-113
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of 2645826 ONTARIO INC. requesting permission for a semi-detached
dwelling under construction to have a front yard setback of 3.35m from the front lot line rather
than the required 4.5m, on Subdivision of Lot 18 and Part Lot 44, German Company Tract, being
Part 5 on Reference Plan 58R-2018, 47 Heiman Street, Kitchener, Ontario, BE APPROVED.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -280- CITY OF KITCHENER
2. Submission No.: A 2019-112 & A 2019-113 (Cont'd)
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
3. Submission No.: A 2019-114
Applicants: Yogesh Kumar and Shubhangi Dhuri
Property Location: 45 Maywood Road
Legal Description: Lot 145, Plan 849
Appearances:
In Support: Y. Kumar
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct a sunroom in
the front yard of an existing single detached dwelling having a front yard setback of 8.42m rather
than the required 10.7m.
The Committee considered Development Services Department report DSD -19-260 dated
November 8, 2019, recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Mr. Y. Kumar was in attendance in support of the subject application and staff recommendation.
In response to questions, he advised the drawings submitted with the application were based on
a property survey.
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
That the application of YOGESH KUMAR and SHUBHANGI DHURI requesting permission to
construct a sunroom in the front yard of an existing single detached dwelling having a front yard
setback of 8.42m rather than the required 10.7m, on Lot 145, Plan 849, 45 Maywood Road,
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.
COMMITTEE OF ADJUSTMENT MINUTES
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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
4. Submission No.: A 2019-115
Applicant: SV Laurin Inc.
Property Location: 593 Charles Street East
Legal Description: Lot 35, Plan 262
Appearances:
In Support: M. Laurin
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to convert an existing
residential dwelling into a commercial financial institution on a lot having a width of 12.217m rather
than the required 15m; an easterly side yard setback of 1.119 rather than the required 1.2m; and,
to have 3 -off street parking spaces rather than the required 5 -off street parking spaces.
The Committee considered Development Services Department report DSD -19-261 dated
November 8, 2019, recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Mr. M. Laurin was in attendance in support of the subject application and staff recommendation.
In response to questions, he stated the building would not be open to the public, noting all their
clients are visited off-site.
In response to questions, Ms. J. von Westerholt advised staff have no concerns with the variance
as requested. She indicated she was of the opinion that the Committee's decision this date did
not need to be restricted to the proposed use.
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of SV LAURIN INC. requesting permission to convert an existing residential
dwelling into a commercial financial institution on a lot having a width of 12.217m rather than the
required 15m; an easterly side yard setback of 1.119 rather than the required 1.2m; and, to have
3 -off street parking spaces rather than the required 5 -off street parking spaces, on Lot 35, Plan
262, 593 Charles Street East, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT MINUTES
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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. Submission No.:
A 2019-116
Applicants:
Ray and Carmen Lazarus
Property Location:
310 Shanley Street
Legal Description:
Part Lot 1, Plan 413
Appearances:
In Support:
A. Head
S. Sorensen
Contra:
None
Written Submissions: None
The Committee was advised the applicants are requesting permission to convert an existing duplex
into a triplex on a lot having an area of 436 sq. m. rather than the required 495 sq.m.; a front yard
setback of 3.76m rather than the required 4.5m; a rear yard setback of 4.99m rather than the
required 7.5m; and, to permit parking between the front fapade and the front lot line whereas the
By-law does not permit parking between the front fapade and the front lot line.
The Committee considered Development Services Department report DSD -19-262 dated
November 8, 2019, recommending approval of this application, subject to the conditions outlined
in the Report.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Mr. A. Head was in attendance in support of the subject application. He requested an
amendment to the staff recommendation to impose a 2 -year deadline for completing the
conditions. Ms. J. von Westerholt advised she had no objections to a 2 -year deadline as
requested.
Mr. S. Sorensen advised he owned the adjacent property and was in attendance this date in
support of the subject application and the proposed re -use of the property.
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of RAYNOR and CARMEN LAZARUS requesting permission to permit a
multiple -unit dwelling containing 3 units on a lot having an area of 436 sq.m. rather than the
required 495 sq.m.; a front yard setback of 3.76m rather than the required 4.5m; a rear yard
setback of 4.99m rather than the required 7.5m; and, to permit parking between the front fapade
and the front lot line whereas the By-law does not permit parking between the front fapade and
the front lot line, on Part Lot 1, Plan 413, 10 Shanley Street, Kitchener, Ontario, BE APPROVED,
subject to the following conditions:
1. That the owner shall ensure a Zoning (Occupancy) Certificate is obtained from the
Planning Division to establish the Multiple Dwelling use on the property.
2. That the owner shall ensure Site Plan approval is issued to the satisfaction of the Manager
of Site Development and Customer Service.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -283- CITY OF KITCHENER
5. Submission No.: A 2019-116 (Cont'd)
3. That the owner shall complete the above noted Conditions prior to September 1, 2021.
Any request for a time extension must be approved in writing by the Manager of
Development Review (or designate), prior to the completion date set out in this decision.
Failure to fulfill these conditions will result in this approval becoming null and void.
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. Submission No.: A 2019-117
Applicant: Milestone Developments Inc.
Property Location: 450 Rivertrail Avenue
Legal Description: Lot 199, Reference Plan 58M-597
Appearances:
In Support: P. Haramis
Contra: A. Gawid
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single detached
dwelling having a westerly side yard setback of 1.28m, whereas the By-law requires a dwelling
having a side yard setback of Om to a maximum of 0.2m on one side, to have a minimum 1.5m on
the opposite side.
The Committee considered Development Services Department report DSD -19-263 dated October
25, 2019, recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Mr. P. Haramis was in attendance in support of the subject application and staff
recommendation.
In response to questions, Ms. J. von Westerholt advised the current Zoning on the subject
property is proposed to be eliminated in the new Zoning By-law.
Mr. A. Gawid advised he owned the property municipally addressed as 454 Rivertrail Avenue
and was in attendance this date in opposition of the subject application. He requested
clarification on the potential impact the proposed variance may have on his property.
Ms. J. von Westerholt advised the variance, if approved, would decrease the side yard setback
on the subject property by less than 1 foot, noting staff were of the opinion that there would be
no impact to adjacent properties. She indicated the property lines on the subject property are
tapered to the rear lot line, which was likely what was necessitating the requested minor
variance. In response to further questions, she indicated she was not certain whether any
additional properties on the street may require a similarvariance due to the narrowing rear yards.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -284- CITY OF KITCHENER
6. Submission No.: A 2019-117 (Cont'd)
Moved by Mr. S. Hannah
Seconded by Mr. B. McColl
That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct
a single detached dwelling having a westerly side yard setback of 1.28m rather than the required,
1.5m, on Lot 199, Reference Plan 58M-597, 450 Rivertrail Avenue, Kitchener, Ontario, BE
APPROVED.
It is the opinion of this Committee that:
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 2019-118
Applicant: Ashley McKnight
Property Location: 8 Devon Street
Legal Description: Part Lot 15, Registered Plan 298
Appearances:
In Support: D. Jackson
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to convert an existing single
detached dwelling into a duplex on a lot having an area of 137.5 sq.m. rather than the required 235
sq. m.; a front yard setback of 1m rather than the required 4.5m; a rear yard setback of 0.75m rather
than the required 7.5m; a southerly side yard setback of 0.56m rather than the required 1.2m; off-
street parking setback of 2.9m from the front lot line rather than the required 6m; and, to have a
maximum lot coverage of 51 % whereas the By-law permits a maximum lot coverage of 45%.
The Committee considered Development Services Department report DSD -19-264 dated
November 8, 2019, recommending approval of this application, subject to the conditions outlined
in the Report.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Mr. D. Jackson was in attendance in support of the subject application and staff
recommendation.
In response to questions, Ms. J. von Westerholt advised if a property is currently legal non-
conforming and a property owner requires a minor variance, it is the current practice that the
property owner is requested to legalize all the variances for the subject property. She indicated
it was her belief that the property owner only required one variance for parking; the balance of
the variances were to legalize the existing dwelling.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -285- CITY OF KITCHENER
Submission No.: A 2019-118 (Cont'd)
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of ASHLEY MCKNIGHT requesting permission to convert an existing single
detached dwelling into a duplex on a lot having an area of 137.5 sq.m. rather than the required
235 sq. m.; a front yard setback of 1m rather than the required 4.5m; a rear yard setback of 0.75m
rather than the required 7.5m; a southerly side yard setback of 0.56m rather than the required
1.2m; off-street parking setback of 2.9m from the front lot line rather than the required 6m; and,
to have a maximum lot coverage of 51% whereas the By-law permits a maximum lot coverage
of 45%, on Part Lot 15, Registered Plan 298, 8 Devon Street, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
That the owner shall obtain a curb -cutting permit for the driveway widening from the City
of Kitchener's Engineering Services.
2. That the owner shall complete the above noted Conditions prior to November 1, 2020.
Any request for a time extension must be approved in writing by the Manager of
Development Review (or designate), prior to the completion date set out in this decision.
Failure to fulfill these conditions will result in this approval becoming null and void.
It is the opinion of this Committee that:
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
8. Submission No.: A 2019-119
Applicant: Otis on the Parc - 51 David Limited Partnership
Property Location: 51 David Street
Legal Description: Lot 146, Subdivision of Lot 17, German Company Tract
Appearances:
In Support: P. Chauvin
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission for a multi -residential
development to have a parking rate of 0.6 off-street parking spaces/per unit rather than the required
1.0 off-street parking spaces/per unit. The subject development was previously approved for a
parking rate of 0.67 off-street parking spaces/per unit (Minor Variance application A 2017-128).
The Committee considered Development Services Department report DSD -19-265 dated
November 9, 2019, recommending approval of this application, subject to the condition outlined in
the Report.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -286- CITY OF KITCHENER
8. Submission No.: A 2019-119 (Cont'd)
Mr. P. Chauvin was in attendance in support of the subject application and staff
recommendation.
Moved by Mr. S. Hannah
Seconded by Mr. B. McColl
That the application of OTIS ON THE PARC - 51 DAVID GP INC. requesting permission for a
multi -residential development to have a parking rate of 0.6 off-street parking spaces/per unit
rather than the required 1.0 off-street parking spaces/per unit, on Lot 146, Subdivision of Lot 17,
German Company Tract, 51 David Street, Kitchener, Ontario, BE APPROVED, subject to the
following condition:
That a Site Plan amendment application shall be approved by June 30, 2020 to the
satisfaction of the Manager of Site Development and Customer Service.
It is the opinion of this Committee that:
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
9. Submission No.: A 2019-120
Applicant: James Glasbergen
Property Location: 14 Frontier Drive
Legal Description: Lot 26, Registered Plan 58M-580
Appearances:
In Support: J., H. & G. Glasbergen
H. & H. Dhindsa
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a covered deck in
the rear yard of an existing single detached dwelling having a rear yard setback of 4.5m rather than
the required 7.5m.
The Committee considered Development Services Department report DSD -19-266 dated
November 8, 2019, recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Messrs. J. & G. Glasbergen, H. Dhindsa and Ms. H. Glasbergen were in attendance in support
of the subject application and staff recommendation.
In response to questions, Ms. J. von Westerholt advised a minor variance is required only due
to construction of the roof over the deck.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -287- CITY OF KITCHENER
9. Submission No.: A 2019-120 (Cont'd)
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
That the application of JAMES ANDREW GLASBERGEN requesting permission to construct a
covered unenclosed deck in the rear yard of an existing single detached dwelling having a rear
yard setback of 4.5m rather than the required 7.5m, on Lot 26, Registered Plan 58M-580, 14
Frontier Drive, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
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
10. Submission No.: A 2019-121
Applicants: Roger Kieswetter and Kris Deyarmond
Property Location: 80, 86, 92 & 96 Sydney Street North
Legal Description: Lots 8-11, Plan 719
Appearances:
In Support: H. Price
Contra: D. Herlick
T. Swigart
V. Cryme
Written Submissions: Neighbourhood Petition
The Committee was advised the applicants are requesting permission to construct a 3.5 -storey 44 -
unit town house development having a rear yard setback of 4.9m rather than the required 7.5m; a
front yard setback for visitor parking being 5.8m from the property line rather than the required 6m;
front porches exceeding 0.6m in height to be located 3.3m from the property line rather than the
required 6m; a visual barrier of 1.5m in height abutting a residential zone rather than the required
height of 1.8m; an off-street parking rate of 1.15 spaces/per unit (51 off-street parking spaces)
rather than the required 1.25 spaces/per unit (55 off-street parking spaces); and, 13% of the
required visitor parking spaces (7 off-street parking spaces) rather than the required 20% (11 off-
street parking spaces).
The Committee considered Development Services Department report DSD -19-267 dated
November 8, 2019, recommending approval of this application, subject to the condition outlined in
the Report.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Ms. H. Price was in attendance on behalf of the owners in support of the subject application and
staff recommendation. She advised the applicants were willing to amend their application to
remove the variance requested for the reduction in height for the visual barrier. She indicated as
COMMITTEE OF ADJUSTMENT MINUTES
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a retaining wall will be required on the subject property, staff had suggested the variance. She
clarified that the visual barrier would be located on top of the retaining wall, noting the overall
height would be approximately 8 feet.
Ms. J. von Westerholt advised staff have no objection to the proposed amendment to withdraw
the request for the reduction in height for the visual barrier.
Messrs. D. Herlick and V. Cryne and Ms. T. Swigart were in attendance in opposition of the
subject application. Ms. Swigart expressed concerns with on -street parking, snow removal and
issues related to flooding on the subject property. She questioned whether the applicant would
be permitted to abandon the development during construction as the soil conditions are
challenging and may not be manageable. She further advised it was her opinion the proposed
development was too large for the subject properties.
Questions were raised regarding the proposed parking reduction. Mr. S. Ryder advised the
proposed development was previously approved through a similar minor variance application
which lapsed. He stated the application before the Committee this date is requesting the same
approvals.
In response to questions, Ms. Price advised the applicant will be required to submit a grading
plan through the Site Plan Approval Process that will address stormwater runoff and possible
issues related to flooding. She indicated as part of the development process, the property owner
will also be required to provide a Letter of Credit prior to construction as an assurance that the
project will be completed.
Mr. D. Herlick advised he resides on Rosedale Avenue and indicated a petition was submitted
forthe Committee's consideration this date. He expressed concerns with possible grading issues
and the proposed fence height. He acknowledged the applicants withdrew their request for a
reduction in the height of the visual barrier, stating it would be the neighbours preference to have
a 6 -foot fence. In response to questions, he acknowledged that with the retaining wall and the
fence, there was the potential for an 8 -foot barrier between his rear yard and the proposed
development.
In response to questions, Ms. Price stated the project was delayed as a previous business
partnership did not come to fruition. She noted as the plan has received conditional approval,
the owner still wishes to proceed with the development.
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
That the application of KIESWETTER EXCAVATING INC requesting permission to construct a
3.5 -storey 44 -unit town house development having a rear yard setback of 4.9m rather than the
required 7.5m; a front yard setback for visitor parking being 5.8m from the property line rather
than the required 6m; front porches located 3.3m from the property line rather than the required
6m; an easterly side yard of 3.6m rather than the required 6m; an off-street parking rate of 1.15
spaces/per unit (51 off-street parking spaces) rather than the required 1.25 spaces/per unit (55
off-street parking spaces); and, 13% of the required visitor parking spaces (7 off-street parking
spaces) rather than the required 20% (11 off-street parking spaces), on Lots 8-11, Plan 719, 80,
86, 92 & 96 Sydney Street North, Kitchener, Ontario, BE APPROVED, subject to the following
condition:
1. That approval of Minor Variance Application A 2019-121 shall apply to the development
approved through Site Plan Application SP16/036/S/AP.
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
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19. 2019 -289- CITY OF KITCHENER
10. Submission No.: A 2019-121 (Cont'd)
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
11. Submission No.: A 2019-122
Applicants: Osiris Georgi and Yohanna Gerges
Property Location: 1092 Queens Boulevard
Legal Description: Part Lot 21, Plan 786
Appearances:
In Support: G. Sedra
Contra:
Written Submissions: None
The Committee was advised the applicants are requesting permission to convert an existing
residential dwelling into a duplex by adding a ground floor addition expanding the ground floor area
by 82% whereas the By-law only permits a ground floor area increase of 25%.
The Committee considered Development Services Department report DSD -19-268 dated
November 8, 2019, recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Mr. G. Sedra was in attendance and provided a brief overview of the subject application, noting
he was in support of the staff recommendation.
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of OSIRIS GEORGI and YOHANNA GERGES requesting permission to
convert an existing residential dwelling into a triplex by adding a ground floor addition expanding
the ground floor area by 82% whereas the By-law only permits a ground floor area increase of
25%, on Part Lot 21, Plan 786, 1092 Queens Boulevard, 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
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019
-290- CITY OF KITCHENER
12. Submission No.:
A 2019-123
Applicant:
1928393 Ontario Inc.
Property Location:
181-197 Frederick Street & 143, 145 & 147 Lancaster Street East
Legal Description:
Part Lots 1-7, Plan 392
Appearances:
In Support:
D. Galbraith
J. Somfay
I. Brown
Contra:
J. Ryrie
A. Doran
S. Fulop
J. Peters
T. Poizner
C. Rollings
D. Scattergood
K. Leslie
K. A. Callaghan
D. Kuehl
Written Submissions: Neighbourh000d Comments
The Committee was advised the applicant is requesting permission to construct a 10 -storey mixed -
used building containing both residential and commercial suites having a front yard setback of 1.9m
rather than the required 3m; a Floor Space Ratio (FSR) of 2.72 rather than the maximum permitted
FSR of 2.33; a residential parking rate of 0.9 spaces/per unit plus 0.1 visitor spaces per/unit; a non-
residential parking rate of 1 parking space per 33 sq.m.; and, to allow 11 of the non-residential
parking spaces to be shared as visitor parking spaces, for a total of 160 off-street parking spaces
to accommodate the parking needs of the proposed development.
The Committee considered Development Services Department report DSD -19-269 dated
November 7, 2019, recommending approval of this application, subject to the conditions outlined
in the Report.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with this application.
Messrs. D. Galbraith, J. Somfay and I. Brown were in attendance in support of the subject
application and staff recommendation.
Messrs. J. Ryrie, J. Peters and D. Scattergood, Ms. A. Doran, Ms. S. Fulop, Ms. T. Poizner, Ms.
C. Rollings, Ms. K. Leslie, Ms. K. A. Callaghan and Ms. D. Kuehl were in attendance in opposition
to the subject application.
Mr. J. Ryrie addressed the Committee in opposition to the subject application, stating he is a
resident of the Central Frederick neighbourhood. He expressed concerns with the staff report,
noting there are a number of supporting statements that in his opinion are misrepresented. He
stated being in close proximity to transit and the ION should not be justification for unanimous
approval of a development of this scale. He indicated the Report only takes into consideration
the Frederick Street frontage in proximity to the downtown and fails to take into consideration
the neighbourhood to the rear of the subject property. He noted the justification in the report
supporting the increase in FSR is not supported by the statement that it allows for a better
building design. Mr. Ryrie expressed further concerns with the parking reduction, stating in his
opinion the number of units will not reduce the automobile dependency for visitors to the
property. He indicated the Report refers to adequate parking facilities within the vicinity of the
property, however it does not address the types of available parking, indicating in his opinion
visitors parking will overflow to on -street parking. He stated the Tim Hortons that previously
operated on the site hired their own security guard to enforce overflow parking on their property.
He further advised in his opinion the proposed development is a large intensification that will
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -291- CITY OF KITCHENER
12. Submission No.: A 2019-123 (Cont'd)
have adverse impacts on the low-rise residential neighbourhood, and to indicate the
development is in compliance with the Official Plan is not an adequate reason for approval. He
stated in his opinion the requested variance is not minor.
Mr. D. Scattergood and Ms. S. Fulop, advised they owned the property municipally addressed
as 134 Lancaster Street West and were in attendance this date in opposition to the subject
application. Mr. Scattergood advised he was seeking additional information from the developer
prior to making additional comments. Ms. Fulop stated she was seeking additional information
on the Secondary Plan noted in the report.
Ms. T. Poizner addressed the Committee in opposition to the subject application. She advised she
resides on Hohner Avenue, stating she was in support of the proposed underground parking garage
and pleased that the developer was intending to save the heritage home in situ. She expressed
concerns with a proposed development of this scale and the impacts it may have on the social and
cultural aspects of the neighbourhood. She indicated concerns with the number of residents
potentially residing at the subject property and their willingness to integrate within the community.
She requested greater consideration for more balconies, car -share opportunities, mixed-use
spaces and common use areas be included in the development. She further requested
consideration be given to a broader unit -type that may also appeal to families. Ms. Poizner stated
she does not wish the units to be converted to short-term rentals and requested the Committee to
ensure there was adequate parking to support the stability of the commercial spaces.
Ms. A. Doran attended in opposition to the subject application. She expressed concerns with the
development phase, advising a school is directly adjacent to the site, and noted possible safety
issues during construction. She requested landscaping be included between the development and
the adjacent properties to soften the transition between the sites/neighbourhood. She stated she
was generally in support of intensification projects as long as the impacts on the neighbourhood
are well planned and adequately communicated to residents.
Mr. J. Peters advised he lives on Chapel Street and is a member of the Suddaby Public School
community. He stated in his opinion the proposed development is not minor; it is a major change
to their community. He indicated he is generally in support of intercity growth and intensification,
adding in his opinion a development of this size is a dramatic change to their neighbourhood.
He expressed concerns with: the lack of public engagement; whether the development conforms
with the heritage district policies; safety of the children attending the adjacent school; increased
traffic; lack of affordable housing; and, lack of sufficient common elements.
Mr. D. Galbraith, IBI Group, acknowledged the comments from the neighbourhood, stating in his
opinion the development is responsive to the applicable Planning framework for the subject
property. He stated there has been a significant amount of consultation on the proposed design
and the proposed development meets the four tests for a minor variance. He indicated in
response to concerns related to the parking reduction, the subject property is in close proximity
to major transit routes, including the ION, and a significant amount of work was undertaken to
develop the proposed parking rates. He commented that the proposed parking rates are
consistent with the parking rates identified within the City's Official Plan, noting the Zoning By-
law is currently under a multi -staged review and has not been fully completed for the subject
property, indicating the Secondary Plan is due to be reviewed by Council in the coming months.
In response to concerns related to the variance for the side yard abutting a street, the corner of
the building has a minor protrusion into the corner visibility triangle due to the historic 5 -point
intersection. Mr. Galbraith stated it seemed as if the largest concern raised this date was related
to the increased FSR from 2.33 to 2.72. He indicated the ramp for the proposed parking garage
was relocated to incorporate it further under the building itself, noting the relocation of the ramp
changed the height of the ground floor, which impacted the calculation of the FSR as it is now
above ground. He stated the developer also intends to retain the heritage dwelling at 181
Frederick Street so the design could not be further adjusted to address the increased FSR. He
further advised the design is intended to be sympathetic to the neighbourhood, indicating the
building at its total height is 10 -stories which transitions to 6 -stories, with a 15m landscaped
buffer between the adjacent properties and a larger separation proposed between the
development and the elementary school.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19. 2019 -292- CITY OF KITCHENER
ifs �1•Ti11 r•Ti10156�12iy1110015PATO iiiC
Ms. J. Meader requested clarification on the following questions: what Transportation Demand
Management (TDM) Measures were being considered for the proposed development; what was
the residential density in comparison to the required growth plan for the subject property; were
balconies being addressed; and, what housing types were being proposed for the units.
Mr. Galbraith advised both indoor and outdoor cycling parking are proposed. He stated in
regards to electric charging stations, he believed there were a few proposed, with the possibility
of retrofitting more stations into the development in the future. He stated carsharing was
mentioned in the TDM report but had not been fully vetted as of this date. He further advised the
shared parking spaces between uses was another TDM measure being implemented. In regards
to the Growth Plan versus residential density, he indicated the minimum target is 150 people per
job/per hectare. Additionally, he advised balconies are intended to be included in the
development; however, the elevations have not yet been fully approved. Finally, Mr. Galbraith
advised the development is intended to have a mix of 1 and 2 bedroom units.
Mr. S. Hannah questioned the permitted 2.33 FSR and when it was approved for the subject
property. Mr. Galbraith advised the Zoning predated his client, stating he believed it was
approved in the early 1990's. In response to further questions, he advised of the 16 -spaces
proposed for the commercial use, 9 off-street spaces were intended to be located within the
parking garage and would likely be intended for employee parking.
Mr. Hannah questioned if the ramp was removed for the parking structure, would the
development achieve a 2.33 FSR. Mr. Galbraith advised it would still result in a 10 -storey
development.
Mr. G. Stevenson advised the applicant has also submitted a Site Plan application, which is
currently under review. He stated staff were waiting to see the outcome of the meeting this date
prior to proceeding further in the review. In response to further questions, he advised the Zoning
on the property was approved in the 1990's, stating the Secondary Plans in the Official Plan
have not been updated and the neighbourhood will be reviewed through the Neighbourhood
Planning Review work program to implement the Comprehensive Review of the Zoning By -Law
(CRoZBY) and the Planning Around Rapid Transit Stations (PARTS), which is still to be
completed. He stated the proposed parking reduction is in compliance with the parking rates
being proposed through CRoZBY.
Mr. Hannah questioned the land use planning designation for the subject property and whether
additional density was being proposed for the adjacent properties. Mr. Stevenson advised it is
medium density commercial residential, noting a full assessment of the Central Frederick
Secondary Plan has not been fully completed. He stated staff have completed a Residential
Intensification in Established Neighbourhoods Study (RIENS) which identified the measures for
protecting stable neighbourhoods.
In response to questions, Ms. J. von Westerholt advised prior to the Tim Hortons being
constructed, the subject property was a gas station.
Mr. B. McColl acknowledged the neighbours concerns, stating it was his opinion that the majority
of the concerns would be addressed through the Site Plan approval process. He stated it was
unfortunate that the Tim Hortons was not viable, indicating he was pleased to see the corner
property being redeveloped.
Mr. S. Hannah noted a small clerical error in Condition 1 of the staff recommendation, noting a
letter "o" needed to be deleted before the number "1 ". He stated in his opinion he was supportive
of the staff recommendation, noting the minor variance requests are more reflective of the
parking requirements and Zoning being proposed through the new Zoning By-laws, specifically
the parking variance is more reflective of the rates being approved; and, that the Zoning on the
property is antiquated and will likely be addressed through the approvals of the Secondary Plans
currently under review.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -293- CITY OF KITCHENER
12. Submission No.: A 2019-123 (Cont'd)
In response to questions, Mr. Stevenson advised there would be no further public consultation
on the proposed development. He indicated the property is subject to Site Plan Approval and
although it is an internal process, staff were still willing to take any additional feedback from the
neighbourhood in consideration as part of that process.
Moved by Mr. S. Hannah
Seconded by Mr. B. McColl
That the application of 1928393 ONTARIO INC. requesting permission to construct a 10 -storey
mixed -used building containing both residential and commercial suites having a side yard
abutting a street of 1.9m rather than the required 3.Om for the corner "flat iron" edge of the
building; a residential parking rate of 0.9 spaces/per unit and 0.1 spaces/per unit visitor parking,
and to permit 11 shared visitor/commercial spaces; a non-residential parking rate of 1 space per
33 square metres, whereas the rate varies by use; and, a maximum Floor Space Ratio (FSR) of
2.72 (excluding the heritage building) rather than the maximum FSR of 2.33, on Part Lots 1-7,
Plan 392, 181-197 Frederick Street and 143, 145 & 147 Lancaster Street East, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
That the owner shall receive full site plan approval, including an underground parking plan
and bicycle storage room, by November 19, 2021, for a mixed-use building, which
includes the following bicycle parking configuration:
A minimum of one (1) "Class A Bicycle Parking Stall" for every two dwelling units.
Each "Class A Bicycle Parking Stall" shall be a bicycle locker or an enclosed,
secure area with controlled access in which a bicycle may be parked and secured
for the long term in a stable position with at least one point of contact with the frame
of the bicycle.
ii. A minimum of six (6) "Class B Bicycle Parking Stalls". "Class B Bicycle Parking
Stalls" shall be an area in which a bicycle may be parked and secured for the short
term in a stable position with two points of contact with the frame of the bicycle.
It is the opinion of this Committee that:
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
13. Submission Nos.: A 2019-124 to A 2019-129
Applicant: Activa Holdings Inc.
Property Location: 204, 205, 208, 209, 212 & 220 Field Sparrow Crescent
Legal Description: Lots 31, 32, 39, 41, 42 & 43, Registered Plan 58M-552
Appearances:
In Support: N. Thompson
W. Adbelkhalik
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -294- CITY OF KITCHENER
13. Submission Nos.: A 2019-124 to A 2019-129 (Cont'd)
The Committee was advised the applicant is requesting permission to construct single detached
dwellings on 204, 205, 208, 209, 212 & 220 Field Sparrow Crescent, each having a driveway width
of 8.65m rather than the maximum permitted width of 8m.
The Committee considered Development Services Department report DSD -19-270 dated
November 8, 2019, recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with these applications.
Ms. N. Thompson and Ms. W. Adbelkhalik were in attendance in support of the subject
application and staff recommendation.
Submission No.: A 2019-124
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single
detached dwelling having a driveway width of 8.65m rather than the maximum permitted width
of 8m, on Lot 43, Registered Plan 58M-552, 204 Field Sparrow 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 2019-125
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single
detached dwelling having a driveway width of 8.65m rather than the maximum permitted width
of 8m, on Lot 31, Registered Plan 58M-552, 205 Field Sparrow 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.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19. 2019 -295- CITY OF KITCHENER
i6�*N*1_11Tr_r4M Me, iC
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 2019-126
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single
detached dwelling having a driveway width of 8.65m rather than the maximum permitted width
of 8m, on Lot 32, Registered Plan 58M-552, 209 Field Sparrow 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 2019-127
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single
detached dwelling having a driveway width of 8.65m rather than the maximum permitted width
of 8m, on Lot 42, Registered Plan 58M-552, 208 Field Sparrow 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
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -296- CITY OF KITCHENER
13. Submission Nos.: A 2019-124 to A 2019-129 (Cont'd)
Submission No.: A 2019-128
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single
detached dwelling having a driveway width of 8.65m rather than the maximum permitted width
of 8m, on Lot 41, Registered Plan 58M-552, 212 Field Sparrow 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 2019-129
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single
detached dwelling having a driveway with of 8.65m rather than the maximum width permitted of
8m, on Lot 39, Registered Plan 58M-552, 220 Field Sparrow 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
CONSENT APPLICATIONS
1. Submission Nos.: B 2019-066 to B 2019-071 (Amended)
Applicant: JC Homes Inc.
Property Location: 253 Clark Avenue
Legal Description: Part Block H, Plan 812, being Part 1 on Reference Plans
58R-5768 & 58R-19076
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -297- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
Appearances:
In Support: M. Warzecha
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to sever 6 residential lots and
retain one lot for future residential development; and, to grant easements to facilitate the
development. The lots will have the following dimensions:
Retained lot having a width on Clark Avenue of 9.2m, a depth of 38.9m and an area of 339.7 sq. m.
B 2018-066 (Severed Lot 1) having a width on Clark Avenue of 9.4m, a depth of 38.9m and an
area of 362.6 sq.m. Proposed easement having a width in the easterly side yard of 1.5m and a
depth of 38.9m in favour of'Retained Lot T for the purpose of maintenance and encroachments.
B 2018-067 (Severed Lot 2) having a width on Siebert Avenue of 9m, a depth of 32m and an area
of 287.9 sq. m.
B 2018-068 (Severed Lot 3) having a width on Siebert Avenue of 9m, a depth of 32m and an area
of 286.8 sq. m. Proposed Easements having a width in the southerly side yard of 1.5m and a depth
of 32m in favour of'Severed Lot 2'; and, an easement along the rear lot line having a depth of 1.5m
and a width of 9m in favour of 'Severed Lot T for the purpose of maintenance and encroachments.
B 2018-069 (Severed Lot 4) having a width on Siebert Avenue of 9.1m, a depth of 31.6m and an
area of 280.2 sq. m. Proposed Easements having a width in the southerly side yard of 1.5m and a
depth of 31.6m in favour of'Severed Lot 3'; and, an easement along the rear lot line having a depth
of 1.5m and a width of 9m in favour of 'Severed Lot 1' for the purpose of maintenance and
encroachments.
B 2018-070 (Severed Lot 5) having a width on Siebert Avenue of 8.2m, a depth of 30.5m and an
area of 238.7 sq. m. Proposed Easements having a width in the southerly side yard of 1.5m and a
depth of 30.5m in favour of'Severed Lot 4'; and, an easement along the rear lot line having a depth
of 1.5m and a width of 8m in favour of 'Severed Lot 1' for the purpose of maintenance and
encroachments.
B 2018-071 (Severed Lot 6) having a width on Siebert Avenue of 18.3m, a depth of 28.9m and an
area of 325.6 sq. m.
The Committee considered Development Services Department report DSD -19-254 dated
November 8, 2019, recommending approval of this application, subject to the conditions outlined
in the Report.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services dated November 6, 2019, advising they have no objection to these
applications, subject to the following condition:
1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo,
the Consent Application Review Fee of $350.00 per new lot created.
Mr. M. Warzecha was in attendance in support of the subject application and staff recommendation.
The Chair requested, and it was agreed, the condition requested by the Region of Waterloo be
added to the Committee's decision this date.
Mr. S. Hannah requested, and it was agreed, a condition be added to the Committee's decision
this date requiring the owner to apply for a demolition permit.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -298- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
Ms. J. Meader questioned if a minimum of 3 on -street parking spaces could be provided. Mr.
Warzecha agreed to work with staff with regards to parking on the subject property, noting if they
were unable to achieve 3 spaces he had no objection to the condition as requested.
Submission No.: B 2019-066
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
That the application of J C HOMES INC. requesting permission to sever a parcel of land
identified as Severed Lot 1 on the plan submitted with the application, having a width on Clark
Avenue of 9.4m, a depth of 38.9m and an area of 362.6 sq. m.; and, to grant an easement having
a width of 1.5m, a depth of 38.9m and an area of 58.35 sq.m. in favour of "Retained Lot 1" for
maintenance and encroachment purposes, on Part Block H, Plan 812, being Part 1 on Reference
Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark Avenue, Kitchener, Ontario,
BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building
Official.
4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said
easements are maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved
Transfer Easement and immediately thereafter, the approved joint maintenance agreement,
is provided to the City Solicitor.
6. That the owner shall ensure the City Solicitor is provided with copies of the registered
Transfer Easement and joint maintenance agreement immediately following registration.
7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,569.34.
8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of
Parks and Cemeteries.
9. That the owner shall provide financial compensation for the street trees proposed to be
removed. The value of the trees will be determined by an ISA certified arborist. The owner
shall submit a report assessing the value of the trees to the satisfaction of the Director of
Parks and Cemeteries.
10. That the owner shall provide adequate tree protection on the street trees prior to
construction, to the satisfaction of the Director of Parks and Cemeteries.
11. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation of any new service connections to the severed
and/or retained lands.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -299- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
12. That the owner shall ensure any new driveways are built to City of Kitchener standards at
the owner's expense prior to occupancy of the building to the satisfaction of the City's
Engineering Services.
13. That the owner shall provide a servicing plan showing outlets to the municipal servicing
system complete with sanitary sewer design sheets and ECA application to the satisfaction
of the Director of Engineering Services.
14. That the owner shall submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a
digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)
with the corresponding correct layer names and numbering system to the satisfaction of the
Director of Engineering Services.
15. That the owner shall provide Engineering Services with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have 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 Director of
Engineering Services.
16. That the owner shall prepare a Tree Management Plan for the retained and all six (6)
severed lots in accordance with the City's Tree Management policy, to be approved by the
City's Director of Planning and where necessary, implemented prior to demolition or
issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped areas and vegetation
to be preserved.
17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of
Transportation Services.
18. That the owner shall submit payment to the Region of Waterloo, the Consent Application
Review Fee of $350.00 per new lot created.
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 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being October 15, 2021.
Carried
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -300- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
Submission No.: B 2019-067
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
That the application of J C HOMES INC. requesting permission to sever a parcel of land
identified as Severed Lot 2 on the plan submitted with the application, having a width on Siebert
Avenue of 9m, a depth of 32m and an area of 287.9 sq.m., on Part Block H, Plan 812, being
Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark
Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building
Official.
4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said
easements are maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved
Transfer Easement and immediately thereafter, the approved joint maintenance agreement,
is provided to the City Solicitor.
6. That the owner shall ensure the City Solicitor is provided with copies of the registered
Transfer Easement and joint maintenance agreement immediately following registration.
7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,569.34.
8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of
Parks and Cemeteries.
9. That the owner shall provide financial compensation for the street trees proposed to be
removed. The value of the trees will be determined by an ISA certified arborist. The owner
shall submit a report assessing the value of the trees to the satisfaction of the Director of
Parks and Cemeteries.
10. That the owner shall provide adequate tree protection on the street trees prior to
construction, to the satisfaction of the Director of Parks and Cemeteries.
11. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation of any new service connections to the severed
and/or retained lands.
12. That the owner shall ensure any new driveways are built to City of Kitchener standards at
the owner's expense prior to occupancy of the building to the satisfaction of the City's
Engineering Services.
13. That the owner shall provide a servicing plan showing outlets to the municipal servicing
system complete with sanitary sewer design sheets and ECA application to the satisfaction
of the Director of Engineering Services.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -301- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
14. That the owner shall submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a
digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)
with the corresponding correct layer names and numbering system to the satisfaction of the
Director of Engineering Services.
15. That the owner shall provide Engineering Services with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have 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 Director of
Engineering Services.
16. That the owner shall prepare a Tree Management Plan for the retained and all six (6)
severed lots in accordance with the City's Tree Management policy, to be approved by the
City's Director of Planning and where necessary, implemented prior to demolition or
issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped areas and vegetation
to be preserved.
17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of
Transportation Services.
18. That the owner shall submit payment to the Region of Waterloo, the Consent Application
Review Fee of $350.00 per new lot created.
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 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being October 15, 2021.
Carried
Submission No.: B 2019-068
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -302- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
That the application of J C HOMES INC. requesting permission to sever a parcel of land
identified as Severed Lot 3 on the plan submitted with the application, having a width on Siebert
Avenue of 9m, a depth of 32m and an area of 286.8 sq.m.; and, to grant an easement having a
width of 1.5m, a depth of 32m and an area of 48 sq.m. in favour of "Severed Lot 2" for
maintenance and encroachment purposes, as well as an easement in the rear yard having a
width of 1.5m in favour of "Severed Lot 1" for maintenance and encroachment purposes, on Part
Block H, Plan 812, being Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan
58R-19076, 253 Clark Avenue, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building
Official.
4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said
easements are maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved
Transfer Easement and immediately thereafter, the approved joint maintenance agreement,
is provided to the City Solicitor.
6. That the owner shall ensure the City Solicitor is provided with copies of the registered
Transfer Easement and joint maintenance agreement immediately following registration.
7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,569.34.
8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of
Parks and Cemeteries.
9. That the owner shall provide financial compensation for the street trees proposed to be
removed. The value of the trees will be determined by an ISA certified arborist. The owner
shall submit a report assessing the value of the trees to the satisfaction of the Director of
Parks and Cemeteries.
10. That the owner shall provide adequate tree protection on the street trees prior to
construction, to the satisfaction of the Director of Parks and Cemeteries.
11. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation of any new service connections to the severed
and/or retained lands.
12. That the owner shall ensure any new driveways are built to City of Kitchener standards at
the owner's expense prior to occupancy of the building to the satisfaction of the City's
Engineering Services.
13. That the owner shall provide a servicing plan showing outlets to the municipal servicing
system complete with sanitary sewer design sheets and ECA application to the satisfaction
of the Director of Engineering Services.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -303- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
14. That the owner shall submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a
digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)
with the corresponding correct layer names and numbering system to the satisfaction of the
Director of Engineering Services.
15. That the owner shall provide Engineering Services with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have 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 Director of
Engineering Services.
16. That the owner shall prepare a Tree Management Plan for the retained and all six (6)
severed lots in accordance with the City's Tree Management policy, to be approved by the
City's Director of Planning and where necessary, implemented prior to demolition or
issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped areas and vegetation
to be preserved.
17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of
Transportation Services.
18. That the owner shall submit payment to the Region of Waterloo, the Consent Application
Review Fee of $350.00 per new lot created.
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 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being October 15, 2021.
Carried
Submission No.: B 2019-069
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -304- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
That the application of J C HOMES INC. requesting permission to sever a parcel of land
identified as Severed Lot 4 on the plan submitted with the application, having a width on Siebert
Avenue of 9.1 m, a depth of 31.6m and an area of 280.2 sq.m.; and, to grant an easement having
a width of 1.5m, a depth of 31.6 and an area of 47.4 sq.m. in favour of "Severed Lot 3" for
maintenance and encroachment purposes, as well as an easement in the rear yard having a
width of 1.5m in favour of "Severed Lot 1" for maintenance and encroachment purposes, on Part
Block H, Plan 812, being Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan
58R-19076, 253 Clark Avenue, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building
Official.
4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said
easements are maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved
Transfer Easement and immediately thereafter, the approved joint maintenance agreement,
is provided to the City Solicitor.
6. That the owner shall ensure the City Solicitor is provided with copies of the registered
Transfer Easement and joint maintenance agreement immediately following registration.
7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,569.34.
8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of
Parks and Cemeteries.
9. That the owner shall provide financial compensation for the street trees proposed to be
removed. The value of the trees will be determined by an ISA certified arborist. The owner
shall submit a report assessing the value of the trees to the satisfaction of the Director of
Parks and Cemeteries.
10. That the owner shall provide adequate tree protection on the street trees prior to
construction, to the satisfaction of the Director of Parks and Cemeteries.
11. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation of any new service connections to the severed
and/or retained lands.
12. That the owner shall ensure any new driveways are built to City of Kitchener standards at
the owner's expense prior to occupancy of the building to the satisfaction of the City's
Engineering Services.
13. That the owner shall provide a servicing plan showing outlets to the municipal servicing
system complete with sanitary sewer design sheets and ECA application to the satisfaction
of the Director of Engineering Services.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -305- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
14. That the owner shall submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a
digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)
with the corresponding correct layer names and numbering system to the satisfaction of the
Director of Engineering Services.
15. That the owner shall provide Engineering Services with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have 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 Director of
Engineering Services.
16. That the owner shall prepare a Tree Management Plan for the retained and all six (6)
severed lots in accordance with the City's Tree Management policy, to be approved by the
City's Director of Planning and where necessary, implemented prior to demolition or
issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped areas and vegetation
to be preserved.
17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of
Transportation Services.
18. That the owner shall submit payment to the Region of Waterloo, the Consent Application
Review Fee of $350.00 per new lot created.
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 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being October 15, 2021.
Carried
Submission No.: B 2019-070
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
That the application of J C HOMES INC. requesting permission to sever a parcel of land
identified as Severed Lot 5 on the plan submitted with the application, having a width on Siebert
Avenue of 8.2m, a depth of 30.5m and an area of 238.7 sq. m.; and, to grant an easement having
a width of 1.5m, a depth of 30.5m and an area of 45.75 sq.m. in favour of "Severed Lot 4" for
maintenance and encroachment purposes, on Part Block H, Plan 812, being Part 1 on Reference
Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark Avenue, Kitchener, Ontario,
BE APPROVED, subject to the following conditions:
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -306- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building
Official.
4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said
easements are maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved
Transfer Easement and immediately thereafter, the approved joint maintenance agreement,
is provided to the City Solicitor.
6. That the owner shall ensure the City Solicitor is provided with copies of the registered
Transfer Easement and joint maintenance agreement immediately following registration.
7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,569.34.
8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of
Parks and Cemeteries.
9. That the owner shall provide financial compensation for the street trees proposed to be
removed. The value of the trees will be determined by an ISA certified arborist. The owner
shall submit a report assessing the value of the trees to the satisfaction of the Director of
Parks and Cemeteries.
10. That the owner shall provide adequate tree protection on the street trees prior to
construction, to the satisfaction of the Director of Parks and Cemeteries.
11. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation of any new service connections to the severed
and/or retained lands.
12. That the owner shall ensure any new driveways are built to City of Kitchener standards at
the owner's expense prior to occupancy of the building to the satisfaction of the City's
Engineering Services.
13. That the owner shall provide a servicing plan showing outlets to the municipal servicing
system complete with sanitary sewer design sheets and ECA application to the satisfaction
of the Director of Engineering Services.
14. That the owner shall submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a
digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)
with the corresponding correct layer names and numbering system to the satisfaction of the
Director of Engineering Services.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -307- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
15. That the owner shall provide Engineering Services with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have 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 Director of
Engineering Services.
16. That the owner shall prepare a Tree Management Plan for the retained and all six (6)
severed lots in accordance with the City's Tree Management policy, to be approved by the
City's Director of Planning and where necessary, implemented prior to demolition or
issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped areas and vegetation
to be preserved.
17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of
Transportation Services.
18. That the owner shall submit payment to the Region of Waterloo, the Consent Application
Review Fee of $350.00 per new lot created.
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 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being October 15, 2021.
Carried
Submission No.: B 2019-071
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
That the application of J C HOMES INC. requesting permission to sever a parcel of land
identified as Severed Lot 6 on the plan submitted with the application, having a width on Siebert
Avenue of 18.3m, a depth of 28.9m and an area of 325.6 sq. m., on Part Block H, Plan 812, being
Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark
Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -308- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building
Official.
4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said
easements are maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved
Transfer Easement and immediately thereafter, the approved joint maintenance agreement,
is provided to the City Solicitor.
6. That the owner shall ensure the City Solicitor is provided with copies of the registered
Transfer Easement and joint maintenance agreement immediately following registration.
7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,569.34.
8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of
Parks and Cemeteries.
9. That the owner shall provide financial compensation for the street trees proposed to be
removed. The value of the trees will be determined by an ISA certified arborist. The owner
shall submit a report assessing the value of the trees to the satisfaction of the Director of
Parks and Cemeteries.
10. That the owner shall provide adequate tree protection on the street trees prior to
construction, to the satisfaction of the Director of Parks and Cemeteries.
11. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation of any new service connections to the severed
and/or retained lands.
12. That the owner shall ensure any new driveways are built to City of Kitchener standards at
the owner's expense prior to occupancy of the building to the satisfaction of the City's
Engineering Services.
13. That the owner shall provide a servicing plan showing outlets to the municipal servicing
system complete with sanitary sewer design sheets and ECA application to the satisfaction
of the Director of Engineering Services.
14. That the owner shall submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a
digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)
with the corresponding correct layer names and numbering system to the satisfaction of the
Director of Engineering Services.
15. That the owner shall provide Engineering Services with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have 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 Director of
Engineering Services.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -309- CITY OF KITCHENER
1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd)
16. That the owner shall prepare a Tree Management Plan for the retained and all six (6)
severed lots in accordance with the City's Tree Management policy, to be approved by the
City's Director of Planning and where necessary, implemented prior to demolition or
issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped areas and vegetation
to be preserved.
17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of
Transportation Services.
18. That the owner shall submit payment to the Region of Waterloo, the Consent Application
Review Fee of $350.00 per new lot created.
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 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being October 15, 2021.
Carried
COMBINED APPLICATIONS:
1. Submission No.: B 2019-072
Applicant: Hureng Developments Limited
Property Location: 85 McIntyre Drive
Legal Description: Part Lot 14, Plan 1471
- and -
Submission No.:
A 2019-130
Applicant:
Hureng Developments Limited
Property Location:
Vacant Land Adjacent to 85 McIntyre Drive
Legal Description:
Part 1 on Reference Plan 58R-10560
Appearances:
In Support:
D. Harsch
Contra:
None
Written Submissions:
None
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -310- CITY OF KITCHENER
1. Submission Nos.: B 2019-072 & A 2019-130 (Cont'd)
The Committee was advised the applicant is requesting permission to sever a parcel of land at the
rear of Part Lot 14, Plan 1471, being Part 1 on Reference Plan 58R-10560 (Vacant Land) having
a width of 7.905m, an easterly depth of 41.146m and an area of 272 sq.m. to be conveyed as a lot
addition to the property municipally addressed as 85 McIntyre Drive; and, permission for a minor
variance for 85 McIntyre Drive to allow a rear yard setback of 1.2m rather than the required 7.5m.
The Committee considered Development Services Department report DSD -19-271 dated
November 8, 2019, recommending approval of these applications, subject to the conditions outlined
in the Report.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services dated November 6, 2019, advising they have no objection to application B
2019-072.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 5, 2019, advising they have no concerns with application A 2019-130.
The Committee considered the report of the Grand River Conservation Authority (GRCA) dated
November 8, 2019, advising although they have no objections to these applications, they noted the
subject lands contain the regulated allowance adjacent to a watercourse and floodplain. They noted
due to the presence of the above -noted features, any future development proposed within GRCA
regulated areas will require prior written approval from the GRCA in the form of a permit pursuant
to Ontario Regulation 150/06.
Mr. D. Harsch was in attendance in support of the subject applications and staff recommendations.
The Chair requested, and it was agreed, a condition be added to the Committee's decision this
date regarding the GRCA's comments.
Submission No.: B 2019-072
Moved by Mr. S. Hannah
Seconded by Ms. J. Meader
That the application of HURENG DEVELOPMENTS LTD. requesting permission to sever a
parcel of land at the rear of Part Lot 14, Plan 1471, being Part 1 on Reference Plan 58R-10560
(Vacant Land) having a width of 7.905m, an easterly depth of 41.146m and an area of 272 sq. m.
to be conveyed as a lot addition to the property municipally addressed as 85 McIntyre Drive, on
Part Lot 14, Plan 1471, 85 McIntyre Drive, Kitchener, Ontario, BE APPROVED, subject to the
following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That Minor Variance Application A 2019-130 shall receive full and final approval.
4. That the owner shall ensure the lands to be severed shall 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.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -311- CITY OF KITCHENER
1. Submission Nos.: B 2019-072 & A 2019-130 (Cont'd)
5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application
Consolidation Parcels immediately following the registration of the Severance Deed and
prior to any new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following registration.
6. That the owner shall make satisfactory financial arrangements with the Grand River
Conservation Authority (GRCA) for the permit review fee.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being November 19, 2021.
Carried
Submission No.: A 2019-130
Moved by Mr. S. Hannah
Seconded by Ms. J. Meader
That the application of HURENG DEVELOPMENTS LTD. requesting permission to allow a rear
yard setback of 1.2m rather than the required 7.5m, on Part Lot 14, Plan 1471, being Part 1 on
Reference Plan 58R-10560 (Vacant Land adjacent to 85 McIntyre Drive), Kitchener, Ontario, BE
APPROVED, subject to the following condition:
1. That Minor Variance application A 2019-130 shall become effective only at such time as
Zoning By-law 2019-51 comes into force, pursuant to section 34 (30) of the Planning Act,
R.S.O. 1990, c. P 13, as amended, and the variance shall be deemed to have come into
force as of the date of this decision.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT MINUTES
NOVEMBER 19, 2019 -312- CITY OF KITCHENER
Submission Nos.: B 2019-072 & A 2019-130 (Cont'd)
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
ADJOURNMENT
On motion, the meeting adjourned at 11:42 a.m.
Dated at the City of Kitchener this 19th day of November, 2019.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment