HomeMy WebLinkAbout2016-05-17
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD MAY 17, 2016
MEMBERS PRESENT:
Messrs. D. Cybalski and B. McColl and Ms. P. Kohli.
OFFICIALS PRESENT:
Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking
Analyst; Mr. A. Pinnell, Planner; Ms. D. Saunderson, Secretary-Treasurer
and Ms. H. Dyson, Administrative Clerk.
Mr. D. Cybalski, Chair, called this meeting to order at 9:52 a.m.
MINUTES
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the minutes of the regular meeting of the Committee of Adjustment held April 19, 2016, as mailed
to the members, and amended, be accepted.
Carried
UNFINISHED BUSINESS
Submission Nos.:
1. B 2016-010 to B 2016-014
Applicant:
Dragoslav Kovacevic
Property Location:
62-70 Turner Avenue/826 Frederick Street
Legal Description:
Lot 11, Plan 971
Appearances:
In Support: M. Kovacevic
Contra: None
Written Submissions: P. Kaudewitz
The Committee was advised the applicant is requesting permission to sever 5 residential lots for
street-fronting townhouses and retain 1 lot. All lots will have frontage on Turner Avenue and will
have the following dimensions:
B 2016-010 – 62 Turner Avenue
Width – 8.175m (26.82’)
Depth – 25.6m (83.989’)
Area – 209.28 sq. m. (2252.671 sq. ft.)
B 2016-011 – 64 Turner Avenue
Width – 5.643m (18.513’)
Depth – 25.6m (83.989’)
Area – 144.46 sq. m. (1554.954 sq. ft.)
B 2016-012 – 66 Turner Avenue
Width – 5.644m (18.517’)
Depth – 25.6m (83.989’)
Area – 144.49 sq. m. (1555.277 sq. ft.)
Subject to a 0.9m (2.95’) easement across the rear of the property to the benefit of the lots to be
created through B 2016-011 & B 2016-013, for rear yard access.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission Nos.:
1.B 2016-010 to B 2016-014 (Cont’d)
B 2016-013 – 68 Turner Avenue
Width – 5.627m (18.461’)
Depth – 25.6m (83.989’)
Area – 144.05 sq. m. (1550.541 sq. ft.)
Subject to a 0.9m (2.95’) easement across the rear of the property to the benefit of the lots to be
created through B 2016-012 & B 2016-014, for rear yard access.
B 2016-014 – 70 Turner Avenue
Width – 8.252m (27.073’)
Depth – 25.6m (83.989’)
Area – 211.25 sq. m. (2273.876 sq. ft.)
Subject to a 0.9m (2.95’) easement across the rear of the property to the benefit of the lot to be
created through B 2016-013 for rear yard access; and, a 1.59m (5.216;) easement on the
easterly side of the property in favour of Hydro services.
The Committee considered the report of the Planning Division, dated April 6, 2016, advising the
subject property is municipally addressed as 826 Frederick Street. The property is zoned
Residential Six (R-6) in Zoning By-law 85-1 and designated Low Rise Residential in the City’s
Official Plan. The lands are to be developed with 5 townhouse units which are currently under
construction.
The applicant is requesting consent to sever the subject property into six (6) lots to allow separate
ownership of each townhouse unit and separate owner of the retained lands for future
development. The applicant is also requesting consent to create access easements and a hydro
easement. The retained lands and the severed lots have a lot width, lot area and subject
easements as follows:
B 2016-010 – 62 Turner Ave:
Lot area: 210.6 sq.m. Lot width: 8.088m
The proposed lot area, lot width, side yard, front yard and rear yard setback are in conformity with
the City’s Official Plan and Zoning By-law 85-1.
B 2016-011 – 64 Turner Ave:
Lot area: 148 sq.m. Lot width: 5.730m
The proposed lot area, lot width, rear and front yard setbacks are in conformity with the City’s
Official Plan and Zoning By-law 85-1.
B 2016-012 – 66 Turner Ave:
Lot area: 148 sq. m. Lot width: 5.720m Access easement width: 0.9m (5.5 sq. m. area)
The proposed lot area, lot width, rear, front yard setbacks and access easement are in conformity
with the City’s Official Plan and Zoning By-law 85-1.
B 2016-013 – 68 Turner Ave:
Lot area: 148 sq. m. Lot width: 5.627m Access easement width: 0.9m (6 sq.m. area)
The proposed lot area, lot width, rear, front yard setbacks and access easement are in conformity
with the City’s Official Plan and Zoning By-law 85-1.
B 2016-014 – 70 Turner Ave:
Lot area: 203.7 sq. m. Lot width: 8.17m Access easement width: 0.9m (28.3 sq. m. area) Hydro
easement width: 1.610m (20.1 sq. m area)
The proposed lot area, lot width, rear, front yard, side yard setbacks and access easement are in
conformity with the City’s Official Plan and Zoning By-law 85-1.
Retained Lands: 826 Frederick Street:
Lot area: 705.2 sq. m. Lot width 27.762m
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission Nos.:
1.B 2016-010 to B 2016-014 (Cont’d)
The proposed lot area, and lot widths are in conformity with the City’s Official Plan and Zoning By-
law 85-1.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the
City’s Official Plan and Zoning By-law 85-1.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Six Zone (R-6). The proposed severance conforms to the City’s Official Plan (OP) and the
configuration of the proposed lots can be considered appropriate for the use of the lands. The
proposed severance is required to create separate dwelling units and to allow separate
ownership of retained lands.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated April 8, 2016, advising at this location the subject properties may
encounter traffic generated noise sources, as the development is located within 200 meters of
Regional Road No. 55 (Victoria Street North) and Frederick Street. The development may also
encounter rail noise sources, as it is located within 300 meters of the Goderich-Exeter Mainline
to the north. It is the responsibility of the owner to ensure the development is not adversely
affected by anticipated transportation and/or stationary noise impacts. In this regard, the owner
must prepare an Environmental Noise Study to assess the impacts of noise sources on the
development. The noise level criteria and guidelines for the preparation of the Environmental
Noise Study are included in the Region of Waterloo Implementation Guideline For Noise
Policies. Any requirement for the analysis of transportation and stationary noise impacts must
comply with Ministry of the Environment (MOE) NPC-300 Guidelines.
The noise consultant must be pre-approved by the Region of Waterloo. The noise consultant is
responsible for obtaining current information, applying professional expertise in performing
calculations, making detailed and justified recommendations, submitting the Consultant Noise
Study Declaration and Owner/Authorized Agent Statement along with 4 copies of the
Environmental Noise Study to the Region of Waterloo.
Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts
and review of Environmental Noise Studies. The noise consultant preparing the Environmental
Noise Study must complete and submit a Transportation Planning Noise Assessment Fee
Form and must request forecasted traffic data for the appropriate Regional roadways.
Regional staff have no objection to the application subject to the following conditions:
1. That prior to final approval, the applicant will prepare an Environmental Noise Study to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services, and, if necessary, the applicant will enter into an agreement with
the Region of Waterloo to implement the recommendations of the noise study.
2. That prior to final approval, the applicant submit payment to the Region the Consent
Application Review Fee of $1,750.00.
The Committee considered the written submission on behalf of a neighbouring property owner
in opposition to the subject applications.
Mr. M. Kovacevic advised he was in attendance in support of the subject applications and the
staff recommendations.
Questions were raised regarding the concerns outlined in the written submission on behalf of
the neighbouring property owner. Ms. J. von Westerholt advised that she was not aware of the
discussions between Planning staff and the neighbour, indicating she could not comment on
the concerns that were raised.
In response to questions regarding a parkland dedication condition, Mr. Kovacevic advised that
it was paid through a previous development application.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission Nos.:
1.B 2016-010 to B 2016-014 (Cont’d)
Submission No.: B 2016-010
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Dragoslav Kovacevic requesting permission to convey a parcel of land
for a townhouse unit which will be municipally addressed as 62 Turner Avenue, having a width
on Turner Avenue of 8.088m (26.535’), a depth of 25.6m (83.989’), and an area of 210.6 sq.m.
BE GRANTED
(2266.88 sq.ft.), on Lot 11, Plan 971, 826 Frederick Street, Kitchener, Ontario, ,
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(ies) 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 .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 owners of the proposed dominant and servient lands shall:
a. Enter into a joint maintenance agreement to be approved by the City Solicitor, to
ensure that the easements are maintained in perpetuity, which agreement shall
be registered on title immediately following the Transfer Easements; and,
b. Provide a satisfactory Solicitor’s Undertaking to register the approved Transfer
Easement(s) and immediately thereafter, the approved joint maintenance
agreement, to the City Solicitor, and further,
c. Provide copies of the registered Transfer Easement(s) and joint maintenance
agreement to the City Solicitor immediately following registration.
4. That prior to final approval, the owner shall prepare an Environmental Noise Study to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services, and, if necessary, the applicant will enter into an agreement with
the Region of Waterloo to implement the recommendations of the noise study.
5. That the owner shall submit payment to the Region of Waterloo for the Consent
Application Review Fee of $350.00.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to 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 May 17, 2018.
Carried
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission Nos.:
1.B 2016-010 to B 2016-014 (Cont’d)
Submission No.: B 2016-011
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Dragoslav Kovacevic requesting permission to convey a parcel of land
for a townhouse unit which will be municipally addressed as 64 Turner Avenue, having a width
on Turner Avenue of 5.73m (18.799’), a depth of 25.6m (83.989’), and an area of 148 sq.m.
BE
(1593.059 sq.ft.), on Lot 11, Plan 971, 826 Frederick Street, Kitchener, Ontario,
GRANTED
, 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(ies) 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 .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 owners of the proposed dominant and servient lands shall:
a. Enter into a joint maintenance agreement to be approved by the City Solicitor, to
ensure that the easements are maintained in perpetuity, which agreement shall
be registered on title immediately following the Transfer Easements; and,
b. Provide a satisfactory Solicitor’s Undertaking to register the approved Transfer
Easement(s) and immediately thereafter, the approved joint maintenance
agreement, to the City Solicitor, and further,
c. Provide copies of the registered Transfer Easement(s) and joint maintenance
agreement to the City Solicitor immediately following registration.
4. That prior to final approval, the owner shall prepare an Environmental Noise Study to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services, and, if necessary, the applicant will enter into an agreement with
the Region of Waterloo to implement the recommendations of the noise study.
5. That the owner shall submit payment to the Region of Waterloo for the Consent
Application Review Fee of $350.00.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to 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 May 17, 2018.
Carried
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission Nos.:
1.B 2016-010 to B 2016-014 (Cont’d)
Submission No.: B 2016-012
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Dragoslav Kovacevic requesting permission to convey a parcel of land
for a townhouse unit which will be municipally addressed as 66 Turner Avenue, having a width
on Turner Avenue of 5.720m (18.766’), a depth of 25.6m (83.989’), and an area of 148 sq.m.
(1593.059 sq.ft.), together with an 0.9m (2.95’) wide access easement over the rear of the
property in favour of the abutting properties, on Lot 11, Plan 971, 826 Frederick Street,
BE GRANTED
Kitchener, Ontario, , 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(ies) 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 .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 owners of the proposed dominant and servient lands shall:
a. Enter into a joint maintenance agreement to be approved by the City Solicitor, to
ensure that the easements are maintained in perpetuity, which agreement shall
be registered on title immediately following the Transfer Easements; and,
b. Provide a satisfactory Solicitor’s Undertaking to register the approved Transfer
Easement(s) and immediately thereafter, the approved joint maintenance
agreement, to the City Solicitor, and further,
c. Provide copies of the registered Transfer Easement(s) and joint maintenance
agreement to the City Solicitor immediately following registration.
4. That prior to final approval, the owner shall prepare an Environmental Noise Study to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services, and, if necessary, the applicant will enter into an agreement with
the Region of Waterloo to implement the recommendations of the noise study.
5. That the owner shall submit payment to the Region of Waterloo for the Consent
Application Review Fee of $350.00.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to 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 May 17, 2018.
Carried
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission Nos.:
1.B 2016-010 to B 2016-014 (Cont’d)
Submission No.: B 2016-013
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Dragoslav Kovacevic requesting permission to convey a parcel of land
for a townhouse unit which will be municipally addressed as 68 Turner Avenue, having width
on Turner Avenue of 5.627m (18.461’), a depth of 25.6m (83.989’), and an area of 148 sq.m.
(1593.059 sq.ft.), together with an 0.9 m (2.95’) wide access easement over the rear of the
property in favour of the abutting properties, on Lot 11, Plan 971, 826 Frederick Street,
BE GRANTED
Kitchener, Ontario, , 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(ies) 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 .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 owners of the proposed dominant and servient lands shall:
a. Enter into a joint maintenance agreement to be approved by the City Solicitor, to
ensure that the easements are maintained in perpetuity, which agreement shall
be registered on title immediately following the Transfer Easements; and,
b. Provide a satisfactory Solicitor’s Undertaking to register the approved Transfer
Easement(s) and immediately thereafter, the approved joint maintenance
agreement, to the City Solicitor, and further,
c. Provide copies of the registered Transfer Easement(s) and joint maintenance
agreement to the City Solicitor immediately following registration.
4. That prior to final approval, the owner shall prepare an Environmental Noise Study to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services, and, if necessary, the applicant will enter into an agreement with
the Region of Waterloo to implement the recommendations of the noise study.
5. That the owner shall submit payment to the Region of Waterloo for the Consent
Application Review Fee of $350.00.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to 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 May 17, 2018.
Carried
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission Nos.:
1.B 2016-010 to B 2016-014 (Cont’d)
Submission No.: B 2016-014
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Dragoslav Kovacevic requesting permission to convey a parcel of land
for a townhouse unit which will be municipally addressed as 70 Turner Avenue, having width
on Turner Avenue of 8.17m (26.804’), a depth of 25.6m (83.989’), and an area of 203.7 sq.m.
(2192.609 sq.ft.), together with an 0.9 m (2.95’) wide access easement over the rear of the
property in favour of 68 Turner Avenue; and, a Hydro easement on the easterly property line
having a width of 1.61m (2.95’), a depth of 25.6m (83.989’) and an area of 28.3 sq.m. (304.619
BE GRANTED
sq.ft), on Lot 11, Plan 971, 826 Frederick Street, Kitchener, Ontario, , 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(ies) 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 .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 owners of the proposed dominant and servient lands shall:
a. Enter into a joint maintenance agreement to be approved by the City Solicitor, to
ensure that the easements are maintained in perpetuity, which agreement shall
be registered on title immediately following the Transfer Easements; and,
b. Provide a satisfactory Solicitor’s Undertaking to register the approved Transfer
Easement(s) and immediately thereafter, the approved joint maintenance
agreement, to the City Solicitor, and further,
c. Provide copies of the registered Transfer Easement(s) and joint maintenance
agreement to the City Solicitor immediately following registration.
4. That prior to final approval, the owner shall prepare an Environmental Noise Study to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services, and, if necessary, the applicant will enter into an agreement with
the Region of Waterloo to implement the recommendations of the noise study.
5. That the owner shall submit payment to the Region of Waterloo for the Consent
Application Review Fee of $350.00.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to 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 May 17, 2018.
Carried
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
2. A 2016-024
Applicant:
Shanae Management Inc.
Property Location:
18-30 Wilhelm Street
Legal Description:
Part Lots 1 and 2, Plan 415
Appearances:
In Support: S. Ahn
Contra: C. Fitzgerald
C. Owens
T. Bauman
J. Metzger
Written Submissions: Mr. F. Shuh
Neighbourhood Petition
The Committee was advised the applicant is requesting relief from Zoning By-law 94-1 to allow
the use of 170.7 sq.m. (1,839 sq.ft.) of the property for automobile storage, repair and car wash
business; and, relief for a rear yard setback of 0m rather than the required 7.5m (24.606’).
The Committee considered the report of the Planning Division, dated May 5, 2016, advising the
subject property is located on the north side of Wilhelm Street between Weber Street West and
Duke Street West in the Mt. Hope Huron Park Planning Community.
The property contains a building that was likely originally constructed for industrial uses. The
surrounding area is composed of low density residential development. The property is bounded
by a railway line and trail to the northeast. The property is designated Low Rise Residential in the
Official Plan and is zoned Residential Six (R-6). The zoning permits only low density residential
uses.
According to a zoning certificate issued by the City on June 25, 2015: “The uses of the property
as warehouse and tradesman/contractor establishment are not permitted pursuant to the existing
by-law but can be accepted as legal non-conforming status”. The application form submitted by
the applicant states that the property was used as for tradesman’s establishment/manufacturing
and for warehousing between 2011 and 2015.
The request contained within Minor Variance Application A 2016-024 was not clear to staff as
originally submitted in January 2016:
Relief from Zoning By-law 94-I to allow the use of 170.7 sq.mt (1,839 sq.ft) of the property for
automobile storage, repair and car wash business. See attached “Schedule A” for the detailed
Plan and the area of the Property applying for minor variance of zoning requirement. Also, further
relief from rear yard setback requirement pursuant to Zoning By-law 94-I, S.9, is sought.
Staff contacted the agent, Frederick Shuh, of Shuh, Cline & Grossman Barristers & Solicitors, via
email to attempt to clarify the application, however, after communicating, the request remained
unclear. The application was not clear to staff for several reasons, such as:
• The application contained a significant amount of documentation which appeared to be
evidence for the legal non-conformity use of the property. To staff, this seemed to signify a
Permission Application (Planning Act, S.45(2)), rather than a Minor Variance Application
(Planning Act, S.45(1)). However, the applicant confirmed to staff that the application was
a Minor Variance Application.
• The request itself seemed to request a new use be added to the R-6 Zone (By-law 94-1
enacted the R-6 Zone). However, the applicant confirmed that he was not seeking to add a
new use.
Consequently, staff prepared a deferral recommendation in order to provide the applicant the
opportunity to meet with staff and clarify the application. The applicant contacted Planning staff
prior to the March meeting and expressed agreement with staff’s deferral recommendation. The
Committee deferred the application until the May 17, 2016 meeting.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
2.A 2016-024 (Cont’d)
On April 29, 2016, Planning staff met with Mr. Shuh and the owner to discuss the application. At
the meeting, Planning staff requested a discussion to clarify the application, discussed application
options, and advised of application process matters.
Planning staff further advised that it does have concerns with using the property for automobile-
oriented uses, especially as it relates to compatibility with the surrounding neighbourhood, but
that it is premature to formulate a Planning recommendation in the absence of a clear request.
The meeting concluded without an attempt by the applicant to clarify the request. Planning staff
sent a follow up email to the applicant on May 3, 2016, which provided options for proceeding
with the application:
1. Do nothing by tomorrow (May 4th) at 12 p.m. The application will be considered as
submitted at the May 17, 2016 Committee meeting. This will result in a refusal
recommendation by staff, based on technical/process aspects only. The planning merits of
the application will not be considered as part of a staff report since the nature of the
application is not clear to staff.
2. By May 16, 2016: Clarify the application with staff, revise and resubmit the clarified
application, and submit a deferral fee of $380.00. This will result in an informed
recommendation by staff at the June 21, 2016 Committee meeting, based on the planning
merits of the application.
The Minor Variance request remains unclear to staff. Unfortunately, staff is unable to provide a
Planning recommendation regarding the merits of the application. Since a decision is necessary
at this time, Planning staff recommends refusal of the application on the basis that the application
is not clear: staff is unable to respond to the request as it relates to the four tests for Minor
Variances outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap.P.13, as amended,
since the request is not clear.
As Planning staff advised in its meeting with the applicant and owner on April 29, 2016, if the use
that is being sought is “automobile storage, repair and car wash business”, the applicant could
consider one of several new/revised application options, such as:
1. Permission Application under Section 45(2)(a)(ii) of the Planning Act to change a legal
non-conforming use. This would require confirmation of a continuous legal non-conforming
use. Among case law tests, the applicant would have to demonstrate the use is
“compatible with” the R-6 Zone permitted uses or “similar” to the established legal non-
conforming use.
2. Revised Minor Variance under Section 45(1) of the Planning Act. The Committee may
authorize a minor variance with respect to use, including adding a new use, as could be
the revised request in this case.
3. Zone Change and (possibly) Official Plan Amendment under Sections 22 and 34 of the
Planning Act.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
The Committee considered a neighbourhood petition in opposition to the subject application.
Ms. S. Ahn circulated a Brief to the Committee this date noting, she was not in attendance to
speak to the merits of the application this date. She indicated from previous correspondence with
the City, she was unsure why the application was on the agenda this date. She noted the
applicant needs further time to clarify the application with Planning staff and requested the
application be stricken from the agenda.
The Chair noted if additional time was required to clarify the application, the application could be
deferred. He questioned whether 60 days would be sufficient time to clarify the application. Ms.
Ahn indicated she was not in attendance seeking a deferral; rather, she wanted the item removed
from the agenda.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
2.A 2016-024 (Cont’d)
The Chair advised there were two options this date: the applicant could accept a deferral to a
future meeting date; or, the application could be withdrawn. He indicated the application
submitted is incomplete and the onus is on the applicant to meet with Planning staff to clarify the
request.
Ms. Ahn advised that she was not willing to withdraw the application. She requested the
Committee to defer the application for 90 days.
Ms. C. Fitzgerald addressed the Committee in opposition to the subject application. She
questioned how many deferrals the applicant would be permitted. She noted the application was
previously on the agenda for the March 15, 2016 Committee of Adjustment meeting and was
deferred to this date, and now the applicant is in attendance asking for a further deferral.
The Chair noted the application has been deferred until the Committee’s August 16, 2016
meeting where any member of the public having concerns can address the Committee.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
The application of Shanae Management Inc. requesting relief from Zoning By-law 94-1 to allow
the use of 170.7 sq.m. (1,839 sq.ft.) of the property for automobile storage, repair and car
wash business; and, relief for a rear yard setback of 0m rather than the required 7.5m
BE DEFERRED
(24.606’), on Part Lots 1 and 2, Plan 415, 18-30 Wilhelm Street, , to the August
16, 2016 Committee of Adjustment to allow the applicant an opportunity to clarify the application
with Planning staff and submit the required deferral fee.
Carried
The Committee recessed at 10:09 a.m. and reconvened at 10:16 a.m., Chaired by Mr. D. Cybalski with
all members present.
NEW BUSINESS
MINOR VARIANCE
Submission No.:
1. A 2016-025 (Amended)
Applicant:
Victoria Huck
Property Location:
76 Daytona Street
Legal Description:
Part Lot 19, Plan 1680, being Part 1 on Reference Plan 58R-6802
Appearances:
In Support: V. Huck
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a deck in the rear
yard having a height greater than 0.6m (1.96’) to be located 0m from the northerly side lot line
rather than the required 1.2m (3.93’) setback; and, to have a rear yard setback of 3.8m (12.467’)
rather than the required 4m (13.123’).
The Committee considered the report of the Planning Division, dated May 6, 2016, advising
application A 2016-025 was presented to the Committee of Adjustment on April 19, 2016,
requesting a reduction in the side yard setback for a deck that is greater than 0.6 metres in
height. The application was deferred to allow for the advertisement of a second variance for a
reduction in the rear yard setback for a deck over 0.6 metres in height. The second variance was
identified through detailed Building Permit application drawings submitted after the initial minor
variance application.
The owner is requesting the legalization of a deck with a height greater than 0.6 metres having a
side yard setback of 0.0 metres whereas 1.2 metres is required as per Section 5.6.A.4.d of
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
1.A 2016-025 (Cont’d)
Zoning By-law 85-1 and having a rear yard setback of 3.8 metre whereas 4.0 metres is required
as per Section 5.6.A.4.c of Zoning By-law 85-1.
The subject property is zoned Residential Six (R-6) in the City’s Zoning By-law and designated
Low Rise Residential in the City’s Official Plan (OP). The site is occupied by a semi-detached
dwelling. The owner recently had the existing deck rebuilt without knowing that the side and rear
yard setbacks where non-compliant.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding
the requested minor variances:
The requested variances meet the intent of the OP which allows for a range of low density
residential uses in the district. The Plan also supports the maintenance and rehabilitation of
existing housing stock to ensure a high quality of life in residential neighbourhoods. Outdoor
amenity areas such as a deck space contribute to the enjoyment of the property. The rebuilding
of the deck was required due to the condition of the previous deck.
The intent of the 1.2 metre side yard setback as well as the 4.0 metres rear yard setback is to
ensure that a deck over 0.6 metres above grade does not negatively impact the neighbouring
properties. Staff is of the opinion the deck does not negatively impact the enjoyment of the
neighbouring property to the side, as sufficient screening is provided by both property owners.
The lands to the rear of the property are publically-owned and used for the Filsinger Park
Greenway. In addition, the construction of the deck permits maintenance of the structure
(underneath) within the subject lot lines without the necessity of encroaching onto the abutting
lands.
The variance can be considered minor as it is staff’s opinion that the deck will not present any
significant impacts to adjacent properties or the overall neighbourhood.
The variance is appropriate for the use of the land as it is staff’s opinion that the requested
variance will not negatively impact the subject property, adjacent lands or surrounding
neighbourhood. The deck was designed to accommodate the existing grade and considerable
effort has been made to minimize any negative impacts to neighbouring property owners.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
Ms. V. Huck was in attendance in support of the subject application and the staff
recommendation.
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of Victoria Huck requesting permission to legalize a deck in the rear yard
having a height greater than 0.6m (1.96’) to be located 0m from the northerly side lot line
rather than the required 1.2m (3.93’) setback; and, to have a rear yard setback of 3.8m
(12.467’) rather than the required 4m (13.123’), on Part Lot 19, Plan 1680, being Part 1 on
BE APPROVED
Reference Plan 58R-6802, 76 Daytona Street, Kitchener, Ontario, .
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.
Carried
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
2. A 2016-028 (Amended)
Applicant:
Walter Street Development Partnership
Property Location:
100-108 Walter Street
Legal Description:
Part Lots 86-88, Plan 377 and Part Lot 30, Streets and Lanes
Appearances:
In Support: T. Rakic
M. Bolen
Z. Zehr
Contra: None
Written Submissions: G. Wheeler
N. Rasmussen
M. Walton-Roberts
The Committee was advised the applicant is requesting permission to allow a 38-unit multi-
residential development to have 35 off-street parking spaces rather than the required 38 off-street
spaces; and, to have 4 off-street visitor parking spaces rather than the required 7 off-street visitor
parking spaces.
The Committee considered the report of the Planning Division, dated May 10, 2016, advising the
subject property is located on the north side of Walter Street between Glasgow Street and Agnes
Street in the K-W Hospital Secondary Plan area. The property is composed of 4 parcels in the
same ownership that have been consolidated for redevelopment. The property is currently graded
(level) and vacant. King Edward Public School is located immediately to the east. A wide range of
commercial and residential uses are located to the north, fronting onto King Street West. Walter
Street contains a range of predominantly low density residential uses. There is a significant grade
change between the subject property and the properties to the north and east, with these
properties being several metres higher than the subject property.
The property was recently the subject of an Official Plan Amendment (OP14/01/W/GS) and Zone
Change Application (ZC14/03/W/GS) process to allow the redevelopment of the property with
multiple dwellings. These applications were approved and allow the use of the property as /
construction of the property with a multiple dwelling. A Site Plan Application was also submitted
(SP14/060/W/GS) that has now been approved in principle.
The property is designated Medium Density Multiple Residential with Special Policy Area #3 in
the K-W Hospital Secondary Plan and is zoned Residential Eight (R-8) with Special Regulation
Provision 655R. The current Zoning does not limit the number of dwelling units. Provision h)
contained within Special Regulation Provision 655R specifies that the minimum off-street parking
requirement for a multiple dwelling is 1.0 spaces per unit.
At the April 19, 2016 Committee meeting, the Committee deferred the application to the May 17,
2016 meeting at the request of the applicant, to allow the applicant time to amend the application
to request an additional variance. This additional variance regarding a visitor parking reduction
was identified through the application review. Accordingly, the amended minor variance
application requests relief from Special Regulation Provision 655R and Section 6.1.2b) vi) C) of
the Zoning By-law, to:
1. Reduce the required parking from 38 spaces to 35 spaces (from 1.0 spaces/unit to 0.92
spaces/unit); and,
2. Reduce the required number of visitor parking spaces from 7 spaces to 4 spaces (from
20% to 11%),
in order to facilitate the construction of a 38-unit multiple dwelling.
Visitor parking requirements are based on required (regular) parking rates:
6.1.2b) vi) C): Visitor parking for multiple dwellings shall be required as follows:
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
2.A 2016-028 (Cont’d)
C) 20 percent of the required parking spaces for multiple dwellings containing 6
dwelling units or more within the area bounded by the Conestoga Parkway, Homer
Watson Boulevard/Shoemaker Greenway/Belmont Avenue, and the northerly
boundary of the City of Kitchener.
For this reason, it was thought that a reduction of required (regular) parking should involve a
reduction in visitor parking requirements. Essentially, this reduction might best be interpreted as a
re-proportioning of visitor parking to achieve a similar ratio of regular to visitor parking spaces.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments:
The parking reduction requests meet the intent of the Official Plan (OP) for the following reasons.
Part 2, Section 8.5.2 of the OP states that:
The City may consider reducing parking requirements for properties within an area or
areas, where adequate alternative parking facilities are available, or where it can be
demonstrated that such reductions will not negatively affect the community.
The subject property is within the Recommended Focus Area for Light Rail Transit due to its
close proximity to the Grand River Hospital ION Station and is within walking distance from
Downtown Kitchener (0.65km) and Uptown Waterloo. The subject property is also close to the
Multimodal Transit Hub at King Street West / Victoria Street South (0.65km). Transportation
Services staff comments that it is satisfied that the proposed reduced parking is acceptable.
The parking reduction requests meet the intent of the Zoning By-law for the following reasons.
The intent of parking regulations is to ensure that sufficient parking is provided for tenants and
visitors. Transportation Services staff has no concerns with the proposed reductions since
sufficient parking is provided and the proposed parking will be sufficient for both residents and
visitors.
The parking reduction requests are minor for the following reasons. Since the proposed parking
will be sufficient for both residents and visitors, no unacceptably adverse impacts on adjacent
properties are anticipated.
The parking reduction requests are appropriate for the desirable development of the land
because they will facilitate the development of a well-designed multiple dwelling in an area that
permits that use. Planning staff is of the opinion that the Use is in the public interest.
Transportation Services Comments:
Having the four micro (studio apartments) units marketed as not having a dedicated parking
space is acceptable; also, by reducing the visitor parking requirement from 7 (20%) to 4 (11%)
spaces allows for additional tenant parking on-site, which equates to a parking rate of 0.91
spaces per unit, versus 0.82 spaces per unit.
The current rate for visitor parking required for this site is 20% of the overall parking requirement.
It should be noted that the conclusions contained within the Comprehensive Review of Off-Street
Parking & Loading Regulations document prepared by Paradigm Transportation Solutions
Limited (2015) indicated a general oversupply of parking across the City of Kitchener by
approximately 30 to 40% for a variety of land uses. It is the opinion of Transportation Services
that by reducing the visitor parking rate on this site to approximately 10%, it will still provide
sufficient parking for both residents and visitors.
Building Division Comments:
The Building Division has no objections to the proposed variance in relation to parking spaces.
**However, a building permit for the proposed 34 unit residential apartment has been issued.
There is now a proposal for 4 additional dwelling units to be added to the building, increasing the
unit count to 38. No building permit has been applied for in relation to this change – a separate
permit will be required.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
2.A 2016-028 (Cont’d)
The Committee considered written submissions from neighbouring property owners in opposition
to the subject application, which was noted by the Chair.
Messrs. T. Rakic, M. Bolen and Z. Zehr were in attendance in support of the subject application
and the staff recommendation. Mr. Bolen provided a brief overview of the application, noting the
property was previously subject to an Official Plan amendment and Zone Change application. He
indicate at that time it was proposed that the multi-residential development would have 34
residential units. He noted since that time the applicant has completed a market analysis and it
has been determined that it may be more appropriate to split the larger two-bedroom units into
two smaller units, a one-bedroom suite and studio unit. He advised to accommodate the
increase in units from 34 to 38, the applicant requires a reduction in off-street and visitor parking
spaces, which is outlined in the application for the Committee’s consideration.
Ms. P. Kohli noted the properties’ proximity to the School of Pharmacy and future Light Rail
Transit (LRT), indicating in her opinion the reduction in off-street parking was minor.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Walter Street Development Partnership requesting permission to allow
a 38-unit multi-residential development to have 35 off-street parking spaces rather than the
required 38 off-street spaces; and, to have 4 off-street visitor parking spaces rather than the
required 7 off-street visitor parking spaces, on Part Lots 86-88, Plan 377 and Part Lot 30,
BE APPROVED
Streets and Lanes, 100-108 Walter Street, Kitchener, Ontario, , subject to the
following conditions:
1. That the owner shall obtain a new/revised Building Permit for the proposed 38-unit
multiple dwelling from the City’s Building Division.
2. That the owner shall submit and obtain approval of a revision to the approved Site Plan
to reflect the parking changes approved through Minor Variance Application A 2016-
024, to the satisfaction of the City’s Manager of Site Development and Customer
Service.
3. That Conditions 1 and 2, above, shall be completed prior to May 17, 2017. 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.
Carried
Submission No.:
3. A 2016-032
Applicants:
Cory Seguin and Michelle King-Seguin
Property Location:
130 Julia Crescent
Legal Description:
Lot 78, Plan 1819
Appearances:
In Support: M. King-Seguin
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
3.A 2016-032 (Cont’d)
The Committee was advised the applicant is requesting permission to construct a covered porch
in the rear yard of an existing single detached dwelling having a rear yard setback of 4.6m
(15.092’) rather than the required 7.5m (24.606’) setback.
The Committee considered the report of the Planning Division, dated May 9, 2016, advising the
subject property located at 130 Julia Crescent is designated Low Rise Residential in the City’s
Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The owner is
proposing to construct a covered porch attached to the existing single detached dwelling, which
will extend into the rear yard. As such, the owner is requesting relief from Section 38.2.1 to
reduce the rear yard setback from 7.5 metres to 4.6 metres to allow for the covered porch.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The subject property is designated Low Rise Residential in the City’s Official Plan (OP). The
proposed variance meets the intent of the OP which encourages a range of housing forms that
achieve an overall low density neighbourhood. The minor change will maintain the low density
character of the property and surrounding neighbourhood. The proposed variance conforms to
the designation and it is the opinion of staff that the requested variance is appropriate.
The requested variance to reduce the rear yard setback from 7.5 metres to 4.6 metres meets the
intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide amenity area in the
rear yard and separation from adjacent properties. The proposed 4.6 metre rear yard setback will
continue to provide amenity space in the rear yard and adequate separation between the dwelling
and properties to the rear. As such, staff is satisfied the proposed variance meets the intent of the
Zoning By-law.
The variance is considered minor. Staff is of the opinion that the requested variance will continue
to provide amenity space in the rear yard and maintain adequate separation between the covered
porch and adjacent properties. The requested variance will not present any significant impacts to
adjacent properties and the overall neighbourhood.
The proposed variance is appropriate for the development and use of the land as the existing
residential use is permitted in the Zoning By-law. The scale, massing and height of the covered
patio will not negatively impact the existing character of the subject property or surrounding
neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Cory Seguin & Michelle King-Seguin requesting permission to construct
a covered porch in the rear yard of an existing single detached dwelling having a rear yard
setback of 4.6m (15.092’) rather than the required 7.5m (24.606’) setback, on Lot 78, Plan
BE APPROVED
1819, 130 Julia Crescent, Kitchener, Ontario, , subject to the following
condition:
1. That the owner shall obtain a Building Permit for the proposed covered porch.
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.
Carried
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
4. A 2016-033
Applicant:
Lotco Limited
Property Location:
3 Valleyscape Drive
Legal Description:
Lot 6, Registered Plan 58M-580
Appearances:
In Support: K. Hillis
G. Mouradian
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single
detached dwelling having a driveway located 7.86m (25.787') from the intersection of Valleyscape
Drive and George Ayres Drive rather than the required 9m (29.53').
The Committee considered the report of the Planning Division, dated May 4, 2016, advising the
subject property located at 3 Valleyscape Drive is designated Low Rise Residential in the City’s
Official Plan and is zoned Residential Four Zone (R-4) in the City’s Zoning By-law. The subject
property is located at the intersection of Valleyscape Drive and George Ayres Drive and the
property currently contains no structures. The owner is requesting relief from section 6.1.1.1 b) iv)
of the Zoning By-law for a driveway to be located 7.86 metres from the intersection of the street
lines abutting a lot for a single detached dwelling, whereas the By-law requires 9 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding
the requested minor variances.
The requested variance for the proposed location of the driveway to the intersecting street lines
meets the intent of the Official Plan (OP). The Low Rise Residential designation recognizes the
existing scale of residential development and allows for modest alterations. The proposed
variance will permit a reduced setback of the driveway to the intersecting street lines for the
proposed townhouse dwelling. The minor change will maintain the low density character of the
property and surrounding neighbourhood.
The intent of the required 9.0 metre separation from the driveway to the intersection of the street
lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staff’s opinion that
the 1.14 metre reduction is minor and will not impact the property or access to the intersection.
Transportation Planning staff has also indicated they have no concerns with the requested
reduction of 9.0 metres to 7.86 metres. The variance meets the intent of the Zoning By-law.
The variance is considered minor as it is staff’s opinion that the proposed 7.86 metre setback
from the intersecting street lines allows for sufficient separation from the driveway and as such
will not impact access or visibility to the intersection for vehicular and/or pedestrian traffic.
The variance is appropriate for the development and use of the land as it is staff’s opinion that the
requested variance will not impact the subject property, adjacent lands or abutting intersection.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of Lotco Limited requesting permission to construct a single detached
dwelling having a driveway located 7.86m (25.787') from the intersection of Valleyscape Drive
and George Ayres Drive rather than the required 9m (29.53'), on Lot 6, Registered Plan 58M-
BE APPROVED
580, 3 Valleyscape Drive, Kitchener, Ontario, .
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
4.A 2016-033 (Cont’d)
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.
Carried
Submission No.:
5. A 2016-034
Applicants:
Carol and Steve Zack
Property Location:
18 Old Cottage Place
Legal Description:
Part Lot 125, German Company Tract
Appearances:
In Support: C. and S. Zack
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single
detached dwelling on a lot width of 16.88m (55.381’) rather than the required 60m (196.85`);
northerly and southerly side yard setbacks of 1.2m (3.937`) rather than the required 7.5m
(24.606`); a lot area of 0.12 ha rather than the required 0.4 ha; and, to permit the existing
driveway to be setback 0m from the southerly lot line rather than the required 0.6m (1.969’)
setback.
The Committee considered the report of the Planning Division, dated May 9, 2016, advising the
subject property is municipally addressed as 18 Old Cottage Place, split zoned Agricultural (A-1)
and Existing Use (E-1) in the Zoning By-law, and designated Low Rise Residential in the Official
Plan. The property measures 16.88 metres wide and approximately 77.87 metres long for an
area of 1,200 square metres. A portion of the property extending from the easterly rear lot line is
regulated by the Grand River Conservation Authority, and as such contains the Zoning By-law
Special Regulation 1R. The site contains an existing single-detached dwelling and contains a
number of mature trees. The applicant is proposing to demolish the existing building to construct
a new single detached dwelling. As such, the applicant is requesting relief from Section 34.3.2 to
legalize the existing lot width of 16.88 metres, whereas 60 metres is required; Section 34.3.2 to
legalize the existing lot area of 0.12 hectares, whereas 0.4 hectares is required; Section 34.3.2 to
reduce the minimum side yard setback of 7.5 metres for a single detached dwelling to a side yard
setback of 1.2 metres; and Section 6.1.1.1b) ii) e) to permit the existing driveway to be located 0
metres from the side lot line, whereas 0.6 metres is required.
Surrounding development is characterized as low rise residential with single detached dwellings
located to the right and left of the subject property. On the opposite side of Old Cottage Place is a
proposed cul-de-sac roadway with lots for single detached dwellings established through a draft
approved Plan of Subdivision, 30T- 11205.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding
the requested minor variances.
The subject property is designated Low Rise Residential in the City’s Official Plan. The proposed
variance meets the intent of the Official Plan which encourages a range of housing forms that
achieve an overall low density neighbourhood. The proposed variances allow for an expanded
single detached dwelling but are still in keeping with the low-rise residential nature of the property
and surrounding neighbourhood.
The requested variances meet the intent of the Zoning By-law. The intent of the A-1 zone is to
recognize existing properties that were once previously part of the rural residential fabric of the
former Waterloo County (Village of Bridgeport) before being annexed into the City of Kitchener in
1973 and formation of the Region of Waterloo. The agricultural zoning was brought into the City’s
Zoning By-law, as most of the Bridgeport North community was privately serviced and
underdeveloped. The pattern of development has changed considerably over the last 10 years,
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
5.A 2016-034 (Cont’d)
however. Urban residential development now extends in Bridgeport North resulting in lot sizes
typical of serviced land. The west side of Old Cottage Place, for example, has cul-de-sac
residential development and Old Cottage Place is upgraded with full municipal services to just
past Old Cottage Court. Full municipal services will be further extended southwards with the
development of the draft approved Sestan subdivision, 30T-11205.
The variances to recognize the deficient lot width and lot area will not have a negative effect on
adjacent neighbours since the lot size and shape has existed in the present form since prior to
the 1950’s. The proposed side yard variances are consistent with the pattern of existing
development. An examination reveals side yards vary considerably in widths ranging from
approximately 5.5 metres to less than 1.0 metre. The proposed 1.2 metre side yard setbacks falls
within that range observed. Staff notes that a defining characteristic of the property is the
presence of mature trees. From staff’s perspective, tree preservation/enhancement is an
important consideration involving the City’s Tree Savings Policy requirements. The applicant has
also expressed the desire to retain trees and has prepared a Tree Preservation Plan.
The variance to recognize the location of the existing driveway meets the intent of the Zoning By-
law. The intent of the 0.6 metre setback is to provide separation between neighbouring
driveways. As this driveway is existing and there are no changes proposed, staff is satisfied the
requested variance meets the intent of the Zoning By-law.
The variances are considered minor. Staff is of the opinion that the requested variances will allow
for the continuation of a single detached dwelling on the property, and will not negatively affect
adjacent properties or the surrounding neighbourhood.
The proposed variances are appropriate for use of the land as the property already contains an
existing single detached dwelling on a lot that has existed in its present form for decades. The
proposed single detached dwelling is appropriate and consistent with the character of the existing
neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
May 5, 2016, advising although they have no concerns with this application, they noted a portion
of the subject property contains floodplain and erosion hazard associated with the Grand River as
well as the allowances adjacent to these features. Consequently, a portion of the property is
regulated by the GRCA under Ontario Regulation 150/06.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Carol and Steve Zack requesting permission to construct a single
detached dwelling on a lot width of 16.88m (55.381’) rather than the required 60m (196.85`);
northerly and southerly side yard setbacks of 1.2m (3.937`) rather than the required 7.5m
(24.606`); a lot area of 0.12 ha rather than the required 0.4 ha; and, to permit the existing
driveway to be setback 0m from the southerly lot line rather than the required 0.6m (1.969’)
setback, on Part Lot 125, German Company Tract, 18 Old Cottage Place, Kitchener, Ontario,
BE APPROVED
, subject to the following conditions:
1. That the owner shall prepare a Tree Preservation Plan 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 any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification of a proposed
building envelope/work zone, landscaped area and vegetation to be removed and/or
preserved. The owner further agrees to implement the approved plan. No changes to
the said plan shall be granted except with the prior approval of the Director of Planning.
2. That the owner shall obtain a Building Permit for the proposed construction to the
satisfaction to the City’s Chief Building Official.
It is the opinion of this Committee that:
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
5.A 2016-034 (Cont’d)
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.
Carried
Submission No.:
6. A 2016-035
Applicant:
Activa Holdings
Property Location:
6 Fenside Street
Legal Description:
Lot 107, Registered Plan 58M-541
Appearances:
In Support: M. Miranda
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single
detached dwelling having a maximum garage width of 54.5% of the lot width whereas the By-law
permits a maximum garage lot width of 50%.
The Committee considered the report of the Planning Division, dated May 9, 2016, advising the
subject property located at 6 Fenside Street is designated Low Rise Residential in the City’s
Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1 with Special
Regulation 405R. The lands are proposed to be developed with a single detached dwelling. The
Applicant is seeking relief from Special Regulation 405R a) to allow the width of the garage to be
54.5% of the lot width, whereas a maximum of 50% is permitted.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments:
The subject property is designated Low Rise Residential in the City’s Official Plan (OP). The
proposed variances meet the intent of the OP, which encourages a range of housing forms that
achieve an overall low density neighbourhood. The minor changes will maintain the low density
character of the property and surrounding neighbourhood. The proposed variances conform to
the designation and it is the opinion of staff that the requested variances are appropriate.
The requested variance to allow the width of the garage to be 54.5% of the lot width, whereas a
maximum of 50% is permitted, meets the intent of the Zoning By-law. The intent of the maximum
garage width (measured from the outside walls) is to ensure the front façade of the dwelling is not
overly dominated by the garage. The subject lands have a lot width of 11.838 metres, which
would permit a maximum garage width of 5.919 metres. The applicant is proposing a 6.452 metre
garage, resulting in a difference of 0.533 metres.
Given that the increase in garage width is relatively low and will facilitate an enhanced garage
design, staff is satisfied the increase of 4.5% meets the intent of the Zoning By-law.
The variance can be considered minor as the increased garage width will not present any
significant impacts to adjacent properties and the overall neighbourhood.
The proposed variance is appropriate for the development and use of the land as the proposed
residential use is a permitted use in the Zoning By-law. No major changes are proposed to the
scale, massing and height of the building than what already exists in the neighbourhood,
therefore the proposed addition will not negatively impact the existing character of the subject
property or surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
6.A 2016-035 (Cont’d)
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of Activa Holdings requesting permission to construct a single detached
dwelling having a maximum garage width of 54.5% of the lot, whereas the By-law permits a
maximum garage lot width of 50%, on Lot 107, Registered Plan 58M-541, 6 Fenside Street,
BE APPROVED
Kitchener, Ontario, , subject to the following condition:
1. That the owner shall obtain a Building Permit for the proposed single detached dwelling.
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.
Carried
Submission No.:
7. A 2016-036
Applicant:
T. Mertin
Property Location:
148 Bush Clover Crescent
Legal Description:
Part Block 4, Registered Plan 58M-18, being Part 24 on Reference
Plan 58R-10622
Appearances:
In Support: R. Buchholtz
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a one-storey
sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of
6.45m (21.161’) rather than the required 7.5m (24.606’) setback.
The Committee considered the report of the Planning Division, dated May 6, 2016, advising the
subject property located at 148 Bush Clover Crescent is zoned Residential Four (R-4) in the
Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The owner is
requesting to legalize the location of a single-storey sunroom addition that has been built at the
rear of the subject detached dwelling, which extends into the required rear yard. Therefore, the
owner is seeking relief from Section 38.2.1 for a reduced rear yard setback from 7.5 metres to
6.45 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The subject property is designated Low Rise Residential in the City’s Official Plan (OP). The
proposed variance meets the intent of the OP which encourages a range of low rise housing
forms and supports modest alterations to the housing stock that maintains the low rise residential
nature of a neighbourhood. The proposed variance meets the intent of the designation and it is
the opinion of staff that the requested variance for a sunroom addition is appropriate.
The requested variance to reduce the rear yard setback from the required 7.5 metres to 6.45
metres meets the intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide
amenity area in the rear yard and adequate separation from neighbouring lands. The reduction is
minor, as the proposed 6.45 metre rear yard setback will continue to provide sufficient amenity
space in the rear yard and maintain adequate separation from neighbouring lands.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
7.A 2016-036 (Cont’d)
The variance is considered minor. The proposed addition is one storey in height and will not
extend the entire width of the house, therefore staff is of the opinion that the requested variance
will maintain sufficient amenity space in the rear yard and should not create any significant visual
or privacy impacts to adjacent properties.
The proposed variance is appropriate for the development and use of the land as the existing
residential use is permitted in the Zoning By-law. The scale, massing and height of the addition
will not negatively impact the existing character of the subject property or adjacent properties.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Teresa Mertin requesting permission to legalize a one-storey sunroom
in the rear yard of an existing single detached dwelling having a rear yard setback of 6.45m
(21.161’) rather than the required 7.5m (24.606’) setback, on Part Block 4, Registered Plan
58M-18, being Part 24 on Reference Plan 58R-10622, 148 Bush Clover Crescent, Kitchener,
BE APPROVED
Ontario,, subject to the following conditions:
1. That the owner shall obtain a Building Permit for the proposed addition by January 1,
2017.
2. That the owner shall make satisfactory arrangements to remove any structures, fencing
etc. that are encroaching onto City property by May 19, 2017 to the satisfaction of the
Director of Engineering Services.
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.
Carried
Submission No.:
8. A 2016-037
Applicant:
D. Kovacevic
Property Location:
876 Frederick Street
Legal Description:
Lot 11, Plan 971
Appearances:
In Support: M. Kovacevic
Contra: None
Written Submissions: P. Kaudewitz
The Committee was advised the applicant is requesting permission to construct a 3-unit
townhouse development having a northerly side yard setback of 1.5m (4.921’) rather than the
required 2.5m (8.202’) setback.
The Committee considered the report of the Planning Division, dated May 5, 2016, advising the
subject property located at 826 Frederick Street is zoned Residential Six (R-6) in the Zoning By-
law 85-1 and designated Low Rise Residential in the City’s Official Plan. The owner is proposing
to construct 3 street-fronting townhouse units and is requesting relief from Section 40.5 of the
Zoning By-law to reduce the side yard setback from 2.5 metres to 1.5 metres.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
8.A 2016-037 (Cont’d)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments.
The subject property is designated Low Rise Residential in the City’s Official Plan (OP). The
proposed variance meets the intent of the OP which encourages a range of housing forms that
achieve an overall low density neighbourhood. The minor change will maintain the low density
character of the property and surrounding neighbourhood. The proposed variance conforms to
the designation and it is the opinion of staff that the requested variance is appropriate.
The requested variance to reduce the side yard setback from 2.5 metres to 1.5 metres meets the
intent of the Zoning By-law. The purpose of a side yard setback of 2.5 metres is to provide a
landscape buffer between dwellings and to allow adequate space for the home owner to provide
access to and from the rear yard. The proposed side yard setback of 1.5 metres will still allow
adequate access space to the rear yard. Furthermore, the reduced side yard setback will
continue to provide a sufficient landscape buffer between the proposed dwelling and
neighbouring property.
The variance is considered minor. Staff is of the opinion that the requested variance will provide
adequate access and landscape space in the side yard. The variances will not negatively affect
the adjacent properties or surrounding neighbourhood.
The proposed variance is appropriate for the development and use of the land as the proposed
residential use is a permitted use in the Zoning By-law. The proposed variance will allow the
owner to maximize the potential of the subject lands for a street fronting townhouse use while
maintaining side yard access, and providing sufficient front yard, rear and side yard landscaping.
The scale, massing and height of the proposed townhouses are appropriate and consistent with
the existing neighbourhood. The proposed variance will not impact the existing character of the
subject property or surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
The Committee considered a written submission from a neighbouring property owner in
opposition to the subject application, which was noted by the Chair.
Mr. M. Kovacevic advised that he was in attendance in support of the subject application and the
staff recommendation.
In response to questions, Ms. J. von Westerholt noted the comments provided by the Building
Division related to a single detached dwelling was likely a clerical error.
Questions were raised regarding parkland dedication. In response, Mr. Kovacevic advised that
parkland dedication was paid on the subject property through a previous development
application.
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of Dragoslav Kovacevic requesting permission to construct a 3-unit
townhouse development having a northerly side yard setback of 1.5m (4.921’) rather than the
BE
required 2.5m (8.202’), on Lot 11, Plan 971, 826 Frederick Street, Kitchener, Ontario,
APPROVED
, subject to the following condition:
1. That the owner shall submit a revised Site Plan for the proposed street fronting
townhouse dwelling.
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.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
8.A 2016-037 (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.
Carried
Submission No.:
9. A 2016-038
Applicant:
Activa Holdings
Property Location:
908 Sorrento Court
Legal Description:
Lot 19, Registered Plan 58M-546
Appearances:
In Support: M. Miranda
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single
detached dwelling with an attached garage with an internal parking space having a width of
3.04m (9.973’) and a length of 5.347m (17.543’) rather than the required width of 3.04m (9.973’)
and length of 5.49m (18.011’).
The Committee considered the report of the Planning Division, dated May 9, 2016, advising the
subject property is zoned Residential Six (R-6) in the City’s Zoning By-law and designated Low
Rise Residential in the City’s Official Plan. The site is occupied by a single detached dwelling.
The owner is requesting relief of Section 6.1.1.2 e) of Zoning By-law 85-1 to permit an internal
parking space with dimensions of 3.04 metres x 5.347 metres, whereas 3.04 metres x 5.49
metres is required.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding
the requested minor variance.
The requested variance for the proposed internal parking space meets the intent of the Official
Plan (OP), which encourages a range of different forms of housing that is consistent with a low
density neighbourhood. The proposed variance conforms to the designation and it is the opinion
of staff that the requested variance to reduce the internal parking space dimensions meets the
intent of the OP.
The intent of the required 3.04 metre x 5.49 metre internal parking space is to ensure vehicular
safety and sufficient maneuvering room for the vehicle’s door swing. It is staff’s opinion that the
0.143 metre reduction is minor and will not impact the property or access to the internal parking
space and therefore continues to meet the intent of the Zoning By-law.
The variance can be considered minor as it is staff’s opinion that the internal parking space can
still be accommodated on site in a safe manner. The reduction of .143 metres from the required
5.49 metres will not present any significant impacts to adjacent properties or the overall
neighbourhood.
The variance is appropriate for the use of the land as it is staff’s opinion that the requested
variance will not negatively impact the subject property, adjacent lands or surrounding
neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
Mr. M. Miranda advised that he was in attendance in support of the subject application and the
staff recommendation.
The Chair questioned whether consideration should be given to require the applicant to register
an agreement on title advising future property owners that the off-street parking space located
within the garage is insufficient in size and likely would not fit a standard car.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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Submission No.:
9.A 2016-038 (Cont’d)
Ms. J. von Westerholt advised there should be some onus on a potential purchaser to complete
their due diligence before they purchase a property. She indicated the majority of homeowners
use their garage for storage rather than parking, which is why staff have not requested a warning
agreement to be registered on title in the past. She noted there is sufficient space in the driveway
to accommodate a standard-size vehicle. She further advised, the Zoning By-law dictates that for
homes with garages, the legal off-street parking space should be located within the garage,
noting that is why the applicant requires a variance for the size of the parking space.
The Chair noted if an agreement was registered on title, it may add additional awareness to future
buyers regarding their purchase. Ms. von Westerholt indicated that staff would have no objections
to an additional condition requiring the applicant to register a warning agreement on title
regarding the size of the parking space.
A motion was brought forward by Mr. B. McColl to approve the recommendation with an
amendment to include a condition requiring the applicant to enter into an agreement with the City
of Kitchener, to include a warning clause in all Agreements of Purchase and Sale and/or Rental
Agreements for the subject property regarding the undersized off-street parking space.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Activa Holdings requesting permission to construct a single detached
dwelling, including an attached garage, with an internal parking space having a width of 3.04m
(9.973’) and a length of 5.347m (17.543’) rather than the required width of 3.04m (9.973’) and
length of 5.49m (18.011’), on Lot 19, Registered Plan 58M-546, 908 Sorrento Court, Kitchener,
BE APPROVED,
Ontario,subject to the following condition:
1. That the owners shall enter into an agreement with the City of Kitchener, to be prepared
by the City Solicitor and registered on title, to include the following warning clause in all
Agreements of Purchase and Sale and/or Rental Agreements for the subject property:
“Purchasers/tenants are advised that the off-street parking space located within the
attached garage is undersized and may not accommodate a standard sized vehicle.”
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.
Carried
COMBINED APPLICATIONS:
Submission No.:
1. B 2016-018 and A 2016-039
Applicants:
Michele Grieco and Tammy Foster Grieco
Property Location:
119 and 123 Wood Street
Legal Description:
Lots 35 & 36 , Plan 287
Appearances:
In Support: M. Grieco and T. Foster Grieco
Contra: None
Written Submissions: None
Regarding application A 2016-039, the Committee was advised the applicant is requesting
permission to construct a single detached dwelling having a rear yard setback of 6.2m (20.341’)
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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1.Submission No.: B 2016-018 & A 2016-039 (Cont’d)
rather than the required 7.5m (24.606’); a westerly side yard setback of 1.4m (4.593’) rather than
the required 1.5m (4.921’); a front yard setback of 3m (9.843’) rather than the required 4.5m
(14.764’); an easterly side yard setback of 0m for a dwelling less than 9m (29.527’) in height; a
front yard setback of 3m (9.843’) rather than the required 4.5m (14.764’); and, to permit a
portion of the dwelling to be located in the Driveway Visibility Triangle (DVT); whereas the By-law
does not permit any encroachments in the DVT.
Regarding application B 2016-018, the Committee was advised the applicant is requesting
permission to grant a maintenance and encroachment easement in favour of 123 Wood Street
having a width of 1.5m (4.921’), a depth of 12m (39.37’), and an area of 18 sq.m. (193.75 sq.ft.) to
accommodate the construction of an attached garage.
The Committee considered the report of the Planning Division, dated May 6, 2016, advising the
owner is proposing to redevelop 123 Wood Street with a new single detached dwelling. To
achieve a built form that is compatible and comparable to the existing housing stock on the street,
several minor variances are requested as well as an encroachment agreement and maintenance
easement over the neighbouring property.
Consent application B 2016-018 is requested as the new dwelling is proposed to be built as a
zero lot line building, necessitating the requirement for an encroachment agreement for the
eaves, as well as a maintenance and access easement, over a 1.5 metres wide portion of 119
Wood Street, in favour of 123 Wood Street.
Minor variance application A 2016-039 is requesting relief from Section 39.2.1 of the Zoning By-
law to permit a new single detached dwelling to have a front yard setback from a street line of 3.0
metres for an attached porch whereas 4.5 metres is required, to have a side yard setback of 1.4
metres on one side whereas a side yard setback of 1.5 metres is required where a zero setback
is proposed on the opposite side for a building less than 9.0 metres in height, as well as a rear
yard setback of 6.2 metres whereas 7.5 metres is required. Finally, this application also includes
a request to have a Driveway Visibility Triangle (DVT) for the west side of the proposed driveway
to be 3.0 metres in length whereas 4.57 metres is required.
The subject property is zoned Residential Five (R-5) with Special Use Provision 129U in the
City’s Zoning By-law and designated Low Rise Conservation in the City’s KW Hospital Secondary
Plan (Official Plan). The site is currently developed with a bungalow-style single detached
dwelling.
Consent Application – Encroachment Agreement and Maintained/Access Easement:
Consent application B 2016-018 is requesting an eaves encroachment easement measuring 0.3
metres wide and 12.0 metres long as well as a maintenance easement measuring 1.5 metres in
width and 12.0 metres in length. Planning staff has been advised that typical construction
techniques usually result in trusses and eaves that may encroach up to 0.45 metres rather than
the requested 0.3 metres. As such, Planning staff is recommending that the encroachment
easement be approved having a width of 0.5 metres and a length of 12.0 metres, and that the
maintenance easement measuring 1.5 metres in width and 12.0 metres in length, also be
approved.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to
the City’s Official Plan and that the configuration of the proposed encroachment and maintenance
easements will allow for the required overhang for eaves as well as provide access for
maintenance as required to the dwelling that is located on the zero lot line. Staff is further of the
opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the
Growth Plan for the Greater Golden Horseshoe.
Minor Variance Application – Front, Side, and Rear reductions, DVT Reduction:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding
the requested minor variances.
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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1.Submission No.: B 2016-018 & A 2016-039 (Cont’d)
The requested variances meet the intent of the Low Rise Conservation policies in the KW
Hospital Secondary Plan. The Low Rise Conservation designation district is planned to retain the
existing low rise, low density residential character of the neighbourhood. The creation of new
housing is permitted through redevelopment at no greater than the existing scale and intensity of
development occurring as of July 16, 1987. The proposed variances would permit a new single
detached dwelling that could be built to meet the character of the existing neighbourhood. The
decreased front yard setback and DVT would allow for the front of the new dwelling to align with
the rest of the street. The zero lot line and rear yard reduction would permit the attached garage
to be setback from the street so that it does not dominate the mass of the front of the building.
The single detached dwelling as proposed has been designed to be compatible and
complimentary to the surrounding neighbourhood, rather than current Zoning regulations. As a
condition of approval, building elevations will be reviewed and approved to ensure the proposed
dwelling compliments the character of the existing neighbourhood.
The intent of the Zoning regulations is to ensure that development on a lot is properly sited to
ensure that the streetscape is consistent, adequate amenity space is provided, and that a
development can adequately function. With the proposed access and encroachment easements,
the property can be adequately buffered and maintained. Transportation Services has no
objections to the reduced DVT as long as site lines can be maintained through the porch. As a
condition of approval, Building elevations will be reviewed and approved to ensure that the
proposed dwelling compliments the character of the neighbourhood.
The variance can be considered minor as it is staff’s opinion that the proposed variances will
result in a more compatible built form with the surrounding neighbourhood.
The variance is appropriate for the use of the land as it is staff’s opinion that redevelopment of the
lot with a new single detached dwelling is appropriate and conforms to the intent of the KW
Hospital Secondary Plan.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 30, 2016, advising they have no concerns with this application.
Submission No.: B 2016-018
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Michele Grieco & Tammy Foster Grieco requesting permission to grant
a 1.5m (4.921’) wide maintenance easement and a 0.5m (1.64’) wide encroachment
easement, both having a depth of 12m (39.37’), and an overall area of 18 sq.m. (193.75 sq.ft.),
in favour of 123 Wood Street, to accommodate the construction of an attached garage, on Lot
BE GRANTED
36, Plan 287, 119 Wood Street, Kitchener, Ontario, , subject to the following
conditions:
1. That the owners shall provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in .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.
2. That the owners of the proposed dominant lands and servient lands, shall enter into a
Maintenance and Access Agreement to be approved by the City Solicitor, to ensure that
the easement is maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement(s).
3. That the owners of the proposed dominant lands and servient lands, shall enter into an
Encroachment Agreement to be approved by the City Solicitor, to ensure that the eaves
encroachment is maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement(s).
4. That the owners shall provide a satisfactory Solicitor’s Undertaking to register the
approved Transfer Easement and Encroachment Agreement and immediately
thereafter, the approved Maintenance and Access Agreement, to the City Solicitor;
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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1.Submission No.: B 2016-018 & A 2016-039 (Cont’d)
Submission No.: B 2016-018 (Cont’d)
5. That the owners shall provide the City Solicitor with copies of the registered Transfer
Easement, Encroachment Agreement, and Maintenance and Access Agreement
immediately following registration.
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 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 May 17, 2018.
Carried
Submission No.: A 2016-039
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Michele Grieco and Tammy Foster Grieco requesting permission to
construct a single detached dwelling having a rear yard setback of 6.2m (20.341’) rather than
the required 7.5m (24.606’); a westerly side yard setback of 1.4m (4.593’) rather than the
required 1.5m (4.921’); an easterly side yard setback of 0m for a dwelling less than 9m
(29.527’) in height; a front yard setback of 3m (9.843’) rather than the required 4.5m (14.764’);
and, to permit a single detached dwelling to have a Driveway Visibility Triangle (DVT) for the
west side of the proposed driveway to be 3m (9.843’) in length rather than the required 4.57m
BE APPROVED
(14.993’), on Lot 35, Plan 287, 123 Wood Street, Kitchener, Ontario, , subject
to the following conditions:
1. That Consent application B 2016-018 shall receive final deed endorsements, including
satisfying all required conditions.
2. That the owner shall prepare, and receive approval of, scaled Building Elevations
drawings for all four sides of the proposed single detached dwelling, to the satisfaction
of the City’s Director of Planning.
3. That the owner shall receive Demolition Control approval for the existing single
detached dwelling at 123 Wood Street form the City’s Manager of Development Review.
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.
Carried
COMMITTEE OF ADJUSTMENT MAY 17, 2016
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ADJOURNMENT
On motion, the meeting adjourned at 10:37 a.m.
Dated at the City of Kitchener this 17th day of May, 2016.
Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment