HomeMy WebLinkAbout2017-02-21
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD FEBRUARY 21, 2017
MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. J. Meader.
OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking
Analyst; Mr. G. Stevenson, Senior Planner; Ms. D. Saunderson, Secretary-
Treasurer; and, Ms. H. Dyson, Administrative Clerk.
Mr. A. Head, Vice-Chair, called this meeting to order at 10:02 a.m.
MINUTES
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the minutes of the regular meeting of the Committee of Adjustment held January 17, 2017, as
circulated to the members, be accepted.
Carried
UNFINISHED BUSINESS
MINOR VARIANCE
1. Submission No.: A 2016-085
Applicants: Kenmore Homes (Waterloo Region) Inc.
Property Location: 171 Templewood Drive
Legal Description: Lot 39, Registered Plan 58M-572
Appearances:
In Support: None
Contra: None
Written Submissions: None
The Committee was in receipt of an email from MHBC Planning, dated February 13, 2017,
requesting this application be deferred for 3 months to allow the applicant more time to consult
with City staff to resolve identified issues. The Committee acknowledged the request and agreed
to defer consideration of this matter to the May 16, 2017 Committee of Adjustment meeting.
NEW BUSINESS
MINOR VARIANCE
1. Submission No.: A 2017-008
Applicants: BW Real Estate Investments Inc.
Property Location: 36 Downey Street
Legal Description: Part Lot 94, Plan 660
Appearances:
In Support: D. White
L. & G. Schott
Contra: None
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 15 -
1. Submission No.: A 2017-008 (Cont’d)
Written Submissions: None
The Committee was advised the applicant is requesting permission to convert the existing single
detached dwelling into a duplex with the required off-street parking spaces located 3.5m from the
street line rather than the required 6m setback.
The Committee considered the report of the Planning Division, dated February 13, 2017, advising
the subject property located at 36 Downey 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 applicant is
proposing to convert the existing single detached dwelling to a duplex dwelling. By converting to
a duplex dwelling the subject property can no longer meet the requirements of Section 6.1.1.1 b i)
of the Zoning By-law. The applicant is requesting relief from Section 6.1.1.1 b i) of the Zoning By-
law to allow the one required parking space for the single detached dwelling to be located in the
driveway setback 3.5 metres from the street line rather than the required 6.0 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 offer the following comments.
The subject property is designated Low Rise Residential in the City’s Official Plan. This
designation permits low density forms of housing such as duplex dwellings. The proposed
variance meets the intent of the Official Plan which encourages a range of different forms of
housing and encourages a mix of residential uses in residential areas. The proposed variance
conforms to the designation and it is the opinion of staff that the requested variance to legalize
the location of the one required parking space meets the intent of the Official Plan.
The requested variance to legalize the off-street parking space 3.5 metres from the street lot line
meets the intent of the Zoning By-law. The reduction of 2.5 metres from the required 6 metres is
minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on
the driveway without affecting the City right-of-way and surrounding properties. Transportation
Services staff supports a 2.5 metre reduction from the required 6 metre parking setback to
provide a 3.5 metre setback. It is not anticipated that any negative impacts on the adjacent
residential properties will result from the variance required; therefore, the intent of the Zoning By-
law continues to be maintained.
The variance can be considered minor as it is staff’s opinion that the required parking space can
still be accommodated on-site in a safe manner. The reduced setback of 3.5 metres will not
present any significant impacts to adjacent properties and the overall neighbourhood.
The variance is appropriate for the development and use of the land. The requested variance
should not impact any of the adjacent properties or the surrounding neighbourhood. The
requested minor variance is necessary as it will legalize the location of the required parking space
on the driveway.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
Mr. D. White was in attendance in support of the subject application and staff recommendation,
noting he has already applied for a Building Permit.
Moved by Mr. B. McColl
Seconded by Ms. Jennifer Meader
That the application of BW Real Estate Investments Inc. requesting permission to convert the
existing single detached dwelling into a duplex with the required off-street parking spaces
located 3.5m from the street line rather than the required 6m setback, on Part Lot 94, Plan
660, 36 Downey Street, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That the owner shall obtain a Building Permit from the City’s Building Division for the
conversion of the single detached dwelling to a duplex dwelling by June 1, 2017.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 16 -
1. Submission No.: A 2017-008 (Cont’d)
2. That the owner shall ensure the driveway is widened and resurfaced with a consistent
material having a minimum width of 5.2 metres by August 1, 2017.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
2. Submission No.: A 2017-009
Applicant: Jeff and Meghan Randall
Property Location: 30 Severn Avenue
Legal Description: Lot 66, Plan 203
Appearances:
In Support: D. Erb
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to remove an existing
wooden deck in the rear yard of the single detached dwelling to construct a 1.5 storey addition on
a lot having a width of 12.96m rather than the required 13.7m; a lot area of 371.734 sq.m. rather
than the required 411 sq.m.; a northerly side yard setback of 1.13m rather than the required
1.2m; a southerly side yard setback of 0.63m rather than the required 1.2m; and, a side yard
setback of 2.82m whereas the By-law requires 3m where the driveway is located in the side yard.
The Committee considered the report of the Planning Division, dated February 13, 2017, advising
the subject property is designated Low Rise Residential in the City’s Official Plan and zoned
Residential Three Zone (R-3) in Zoning By-law 85-1. The owners are proposing to construct an
addition to the existing single detached dwelling, and as such are requesting relief from Section
37.2.1 to legalize the existing lot area of 371.734 square metres; whereas 411 square metres is
required; Section 37.2.1 to legalize the existing lot width of 12.96 metres, whereas 13.7 metres is
required; Section 37.2.1 to legalize the existing northerly side yard setback of 1.13 metres,
whereas 1.2 metres is required; Section 37.2.1 to legalize the existing southerly side yard setback
of 0.63 metres, whereas 1.2 metres is required; and, Section 37.2.1 to legalize the existing
southerly side yard setback of 2.82 metres, whereas 3 metres is required where the driveway is
located in the side yard.
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. The proposed
variances meet the intent of the Official Plan, 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 variances to reduce the minimum lot area from 411 square metres to 371.734
square metres and the lot width from 13.7 metres to 12.96 metres meet the intent of the Zoning
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 17 -
2. Submission No.: A 2017-009 (Cont’d)
By-law. The intent of these regulations is to provide larger lots, as well as to ensure the lot is large
enough to accommodate a sufficient building envelope. Because the lot is an existing lot of record
developed with an existing single detached dwelling, staff is satisfied the reduction of 39.266
square metres in area and .74 metres in lot width is compatible with the neighbourhood and is
sufficient for a building envelope. The intent of the 1.2 metre side yard setback is to provide
sufficient space for maintenance of the walls, roof, and eaves of the dwelling and to provide
access to the rear yard. Given that the reduced northerly and southerly side yards are existing
and the applicant is not proposing any further encroachment, staff is satisfied the reductions of
0.07 metres and 0.63 metres respectively meets the intent of the Zoning By-law.
The intent of the 3 metre side yard setback requirement where the driveway is located in the side
yard is to ensure there is adequate space for a legal driveway and parking space, and to ensure
the location of the building will accommodate the car door swing. As the reduced 2.82 metre side
yard setback is an existing condition, staff is satisfied the reduction of 0.18 metres meets the
intent of the Zoning By-law.
The variances can be considered minor as the reduced lot area, lot width, and side yard setbacks
will not present any significant impacts to adjacent properties and the overall neighbourhood. The
purpose of these variances is to legalize existing conditions in order to facilitate a minor
expansion to the existing dwelling. As such, the impact of these variances will be negligible.
The proposed variances are 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 subject building; therefore, it 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
February 6, 2017, advising they have no concerns with this application.
The Committee considered the report of the City of Waterloo, dated February 10, 2017, advising
they have no concerns with this application.
Mr. D. Erb was in attendance in support of the subject application and staff recommendation.
Moved by Mr. B. McColl
Seconded by Ms. Jennifer Meader
That the application of Jeff and Meghan Randall requesting permission to remove an existing
wooden deck in the rear yard of the single detached dwelling to construct a 1.5 storey addition
on a lot having a width of 12.96m rather than the required 13.7m; a lot area of 371.734 sq.m.
rather than the required 411 sq.m.; a northerly side yard setback of 1.13m rather than the
required 1.2m; a southerly side yard setback of 0.63m rather than the required 1.2m; and, a
side yard setback of 2.82m whereas the By-law requires 3m where the driveway is located in
the side yard, on Lot 66, Registered Plan 203, 30 Severn Avenue, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
1. That this approval applies only to the single detached dwelling, as depicted on the
survey prepared by MacDonald Tamblyn Lord Surveying dated January 9, 2017,
submitted in support of the subject application.
2. That the owner shall obtain a Building Permit from the City’s Building Division by June
1, 2018.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 18 -
2. Submission No.: A 2017-009 (Cont’d)
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
3. Submission No.: A 2017-010
Applicant: Julianna and Jozsef Kostyan
Property Location: 569 Greenbrook Drive
Legal Description: Lot 40, Plan 1161
Appearances:
In Support: J. Kostyan
R. Szilock
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct a carport on
the easterly side of the existing single detached dwelling having a side yard setback of 0.87m
rather than the required 1.2m.
The Committee considered the report of the Planning Division, dated February 13, 2017, advising
the subject property is designated Low Rise Residential in the City’s Official Plan and zoned
Residential Three Zone (R-3) in Zoning By-law 85-1. The property is currently developed with an
existing single detached dwelling with an attached carport and is located immediately adjacent to
Lakeside Park, a City-owned park. The owners are proposing to construct an attached carport,
and as such are requesting relief from Section 37.2.1 to permit a reduced side yard setback of
0.87 metres, whereas 1.2 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 followingcomments.
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 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 1.2 metres to 0.87 metres meets
the intent of the Zoning By-law. The intent of the 1.2 metre setback is to provide access to the
rear yard and sufficient space for maintenance of the dwelling. Rear yard access will be provided
through the 1.59 metre side yard on the opposite side of the house, as well as through the
carport, thus meeting the intent of the Zoning By-law. Further, the requested 0.87 metre setback
is adequate to accommodate the eaves of the carport without any encroachment on the
neighbouring property, and the reduction of 0.33 metres will continue to provide sufficient space
for maintenance of the walls, roof, and eaves of the dwelling. Based on the foregoing, staff is of
the opinion that the intent of the Zoning By-law is maintained.
The variances are considered minor. Staff is of the opinion that the requested variance will still
provide an adequate side yard to allow for access to the rear yard and access to maintain the
walls, roof, and eaves of the dwelling. Staff is satisfied the requested variances will not negatively
affect adjacent properties or 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 attached
carport will not negatively impact the existing character of the subject property or surrounding
neighbourhood.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 19 -
3. Submission No.: A 2017-010 (Cont’d)
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
Ms. R. Szilock and Ms. J. Kostyan were in attendance in support of the subject application and
staff recommendation. In response to questions, Ms. Szilock confirmed there is no carport
currently existing on the property.
Moved by Ms. Jennifer Meader
Seconded by Mr. B. McColl
That the application of Julianna and Jozsef Kostyan requesting permission to construct a
carport on the easterly side of the existing single detached dwelling having a side yard setback
of 0.87m rather than the required 1.2m, on Lot 40, Plan 1161, 569 Greenbrook Drive,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall ensure the eaves of the proposed attached carport shall not project
beyond the property line.
2. That the owner shall obtain a Building Permit for the proposed attached carport by June
1, 2018.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
4. Submission No.: A 2017-011
Applicant: Citified Property Initiative Inc.
Property Location: 6 Southdale Avenue
Legal Description: Part Lot 75, Subdivision of Lot 18, German Company Tract, Part Lot
32, Plan 384, being Part 2 on Reference Plan 58R-17449
Appearances:
In Support: S. Patterson
S. O’Neill
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a 3-storey multi-
residential dwelling having 8 units with a rear yard setback of 5.25m rather than the required
7.5m; and, to allow for the calculation of a maximum 0.6 Floor Space Ratio (FSR) for a property
Zoned R-6 and E-1of 0.6 to be calculated using the whole lot area rather than solely the portion
that is Zoned R-6. The dwelling will have a FSR of 0.5 when calculating using the lot in its entirety
versus 0.72 using only the portion Zoned R-6.
The Committee considered the report of the Planning Division, dated February 14, 2017, advising
the proposed minor variances are being sought to develop the property with a three storey 8-unit
multiple dwelling building. Specifically, the application is seeking relief of the rear yard setback of
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 20 -
4. Submission No.: A 2017-011 (Cont’d)
7.5 metres to 5.25 metres, and permission to calculation the Floor Space Ratio (FSR) using the
entire property, not just the lands that are zoned as Residential Six (R-6, 1R). The subject land is
designated as Low Rise Residential in the new Official Plan.
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 requested variances meet the intent of the Official Plan. Low Rise Residential Districts
accommodate a full range of housing types. In these districts, the City favours the mixing and
integration of different forms of housing to achieve a low overall intensity of use. The creation of
additional housing in existing developed areas, through conversion, infill and redevelopment, is
favoured as an appropriate response to changing housing needs and to make better use of
existing infrastructure and public service facilities. The requested variances are required so that
the proposed building may be located outside of the floodway that exists on the front portion of
the property. With the proposed reduced rear yard setback, the residential development can be
positioned outside of the portion of the property that is designated as Open Space and zoned as
Existing Use (E-1).
The requested variances meet the intent of the Zoning By-law. FSR is a measure of the total
above ground floor area compared to the lot area. In order to ensure that building mass is located
appropriately on a property with more than one zone, the lot area of each zone must be used in
the calculation. In this case, there are no FSR regulations for the lands zoned as Existing Use (E-
1) as no new development is completed within the floodway. The requested variance seeks
permission to include the full lot area of the property in the FSR calculation, including those lands
zoned Existing Use (E-1). All of the building mass will be located on the portion of the property
that permits residential development and the zoning boundary is not visible on site. The rear yard
setback reduction is being sought so that the building may be setback and the front entries to the
building can be located outside of the floodway and safe access can be maintained.
The requested variances are minor. The requested variances will allow for the building to be
appropriately placed on the property and meet all regulatory requirements regarding the proximity
of the floodway.
The variances are appropriate for the development and use of the land. The requested variances
will allow for the appropriate placement of a new residential multiple dwelling building within an
established community.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
February 9, 2017, advising although they have no objection to this application, they recommend
approval is conditional on the submission of an acceptable grading plan, noting a majority of the
subject lands are located within the floodplain of Shoemaker Creek. Consequently, the property is
regulated by the GRCA under Ontario Regulation 150/06, adding that grading associated with
this development must demonstrate adherence to applicable Two-zone Floodplain Policy Area
policies in the City of Kitchener Official Plan.
The Committee considered the report of Kitchener-Wilmot Hydro Inc., dated February 8, 2017,
advising they have no objection to this application subject to the following conditions:
1. That the applicant make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for
the provision of electrical servicing to the lands to be developed.
2. That the applicant make arrangements for the granting of any easements required by
Kitchener-Wilmot Hydro Inc.
3. Driveways will be located so as to provide a minimum of 1.0m clearance to all poles,
anchors and street light standards.
Mr. S. Patterson was in attendance in support of the subject application and staff
recommendation.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 21 -
4. Submission No.: A 2017-011 (Cont’d)
In response to questions regarding the parkland dedication fee, Mr. Patterson stated the subject
property is currently undergoing the Site Plan approval process, adding the parkland dedication
fee requirements would be reviewed through that process. Ms. J. von Westerholt noted the
applicant would not be permitted to obtain a Building Permit without Site Plan approval.
Moved by Ms. Jennifer Meader
Seconded by Mr. B. McColl
That the application of Citified Property Initiative Inc. requesting permission to construct a 3-
storey multi-residential dwelling having 8 units with a rear yard setback of 5.25m rather than
the required 7.5m; and, to allow for the calculation of a maximum 0.6 Floor Space Ratio (FSR)
for a property Zoned R-6 and E-1of 0.6 to be calculated using the whole lot area rather than
solely the portion that is Zoned R-6, on Part Lot 75, Subdivision of Lot 18, German Company
Tract, Part Lot 32, Plan 384, being Part 2 on Reference Plan 58R-17449, 6 Southdale Avenue,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall submit and obtain approval of a satisfactory grading plan that
demonstrates compliance with the Two-zone Floodplain Policy Area polices as outlined
in the City of Kitchener Official Plan, to the satisfaction of the Grand River Conservation
Authority (GRCA) and the City’s Director of Engineering Services by February 21, 2018.
2. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for
the relocation of the existing hydro pole, if necessary.
3. That the owner shall make arrangements for the granting of any easements required by
Kitchener-Wilmot Hydro Inc. before the severances are granted.
4. That the owner shall ensure driveways shall be located so as to provide a minimum of
1.0m clearance to all poles, anchors and street light standards.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
5. Submission No.: A 2017-012
Applicant: Huron Gardens
Property Location: 137 Rochefort Street
Legal Description: Lot 25, Registered Plan 58M-532
Appearances:
In Support: C. Da Silva
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a townhouse
dwelling having a driveway located 7.5m from the intersection of Rochefort Street and Machado
Street rather than the required 9m.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 22 -
5. Submission No.: A 2017-012 (Cont’d)
The Committee considered the report of the Planning Division, dated February 7, 2017, advising
the subject property located at 137 Rochefort Street is designated Low Rise Residential in the
City’s Official Plan and is zoned Residential Six Zone (R-6) in the City’s Zoning By-law. The
subject property is located at the intersection of Rochefort Street and Machado Street and the
property is currently undeveloped. The owner is proposing a double-wide garage to
accommodate an internal wheelchair ramp, which has resulted in the garage and driveway being
setback 7.5 metres from an intersection. The owner is requesting relief from section 6.1.1.1 b) iv)
of the Zoning By-law for a driveway to be located 7.5 metres from the intersection of the street
lines abutting a lot for an end unit of a townhouse dwelling, whereas the By-law requires 9.0
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. The Low Rise Residential designation recognizes the
existing scale of residential development and allows for modest alterations to support special
needs housing. The proposed variance will permit a reduced setback of the driveway to the
intersecting street lines for the proposed townhouse dwelling and allow the dwelling to
accommodate the internal wheelchair ramp. The minor change will maintain the low density
character of the property and surrounding neighbourhood.
The intent of the required 9-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 1.5 metre reduction is minor and will not impact the property or access to the intersection and
will therefore not compromise safety to pedestrians or vehicles. Transportation Planning staff has
also indicated they have no concerns with the requested reduction of 9.0 metres to 7.5 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 7.5 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 abutting intersection or
safety of pedestrian or vehicular traffic.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
Mr. C. Da Silva was in attendance in support of the subject application and staff recommendation.
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of Huron Gardens requesting permission to construct a townhouse
dwelling having a driveway located 7.5m from the intersection of Rochefort Street and
Machado Street rather than the required 9m, on Lot 25, Registered Plan 58M-532, 137
Rochefort Street, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 23 -
5. Submission No.: A 2017-012 (Cont’d)
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
6. Submission No.: A 2017-013
Applicant: Marcel and JoAnne Portelance
Property Location: 15 Marquette Drive
Legal Description: Part Lot 9, Beasley’s Broken Front Concession, being Part 1 on
Reference Plan 67R-1798
Appearances:
In Support: M. Portelance
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct a two-car
garage (accessory building) in the southerly side yard of the existing single detached dwelling
having a maximum height of 5.91m rather than the permitted maximum 5.5m; and, a maximum
height of the underside of the fascia of 3.51m rather than the permitted maximum of 3m.
The Committee considered the report of the Planning Division, dated February 13, 2017, advising
the subject property is located at 15 Marquette Drive and contains a single detached dwelling.
The applicants are proposing to add an accessory structure with space to store a boat and
provide for a work shop. Minor variances are being requested in support of the proposed
accessory structure:
1. To permit a maximum building height of 5.91 metres, whereas section 5.5.2.b of the
Zoning By-law permits a maximum of 5.5 metres; and,
2. To permit a maximum height of the underside of the fascia of 3.51 metres, whereas
section 5.5.2.b of the Zoning By-law permits a maximum of 3.0 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 lands are designated Low Rise Residential in the Official Plan. The designation
permits single detached dwellings and accessory buildings. Official Plan policies state that new
buildings in low density neighbourhoods should be appropriate in massing and scale and
compatible with the built form and character of the established neighbourhood. The proposed
accessory structure is well setback from the street, about 8 metres behind the façade of the
existing house, and has been designed so the façade with the lowest elevation fronts the street,
resulting in a ‘stepped back’ appearance which will help reduce the appearance of increased
height and mass from the street. The grade of the neighbouring property is also elevated above
the subject lands, which mitigates the increased height from the perspective of the neighbouring
property, as the proposed structure is situated at a lower elevation. The accessory structure is
proposed to have a brick façade facing the street, with siding along the sides and rear. The
proposed materials are consistent with other dwellings along Marquette Drive. Staff is of the
opinion that the proposed accessory structure, with the proposed increase in height, is compatible
with the built form and character of the neighbourhood which consists primarily of larger one and
two storey single detached dwellings on large lots. Based on the foregoing, staff is of the opinion
that the intent of the Official Plan is maintained.
The subject property is zoned Residential Two (R-2) Zone, 233R. General Regulation Provision
5.5.2 regulates accessory buildings in residential zones and permits a maximum height of 5.5
metres and 3.0 metres to the underside of the fascia. The intent of this regulation is to ensure
accessory buildings are subordinate to the primary structure (house). The applicants are
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 24 -
6. Submission No.: A 2017-013 (Cont’d)
proposing to increase the height of the accessory building by 0.41m overall and by 0.51 metres to
the underside of the fascia. The structure is proposed to be setback 1.5 metres from the side lot
line which exceeds the minimum side yard setback requirements for both accessory buildings
(0.6 metres) and for a primary structure (1.2 metres). In addition, the accessory building is smaller
in square footage and height than the primary structure, and is recessed behind the primary
structure. Based on the foregoing, staff is of the opinion that the intent of the Zoning By-law is
maintained.
As described above, the accessory building has been designed so that the façade with the lowest
elevation fronts the street and the grade of the neighbouring property is also elevated above the
subject lands, reducing the appearance of the height increase. The accessory structure exceeds
the required minimum setbacks (including those for a primary structure) is subordinate to the
primary structure and serves an accessory purpose. The proposed building materials are
consistent with those used in the area. Based on the foregoing, staff is of the opinion that the
proposed variances are minor and are appropriate for the development and use of the lands.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
Mr. M. Portelance was in attendance in support of the subject application and staff
recommendation.
Mr. B. McColl stated that although he resides in this neighbourhood, he has no conflict relating to
the subject application.
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of Marcel and JoAnne Portelance requesting permission to construct a
two-car garage (accessory building) in the southerly side yard of the existing single detached
dwelling having a maximum height of 5.91m rather than the permitted maximum 5.5m; and, a
maximum height of the underside of the fascia of 3.51m rather than the permitted maximum of
3m, on Part Lot 9, Beasley’s Broken Front Concession, being Part 1 on Reference Plan 67R-
1798, 15 Marquette Drive, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That the proposed variances shall only apply to an accessory building that, in the
opinion of the Director of Planning, is consistent with the proposal submitted in support
of Minor Variance Application A 2017-013.
2. That the owner shall obtain a Building Permit for the proposed accessory building prior
to construction.
3. That prior to any grading or the application or issuance of a Building Permit, the owner
shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval
of the City’s Director of Planning, showing:
i. the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
ii. the proposed grades and drainage;
iii. the location of all trees to be preserved, removed or potentially impacted on or
adjacent to the subject lands, including notations of their size, species and
condition;
iv. justification for any trees to be removed; and,
v. outline tree protection measures for trees to be preserved.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 25 -
6. Submission No.: A 2017-013 (Cont’d)
Any alteration or improvement to the lands including grading, tree removal and the
application or issuance of any building permits shall be in compliance with the approved
plan. Any changes or revisions to the plan require the approval of the City’s Director of
Planning.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
7. Submission No.: A 2017-014
Applicant: Arvind and Manjari Swarup
Property Location: 58 Northforest Trail
Legal Description: Lot 15, Plan 1625
Appearances:
In Support: G. Martin
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct a single storey
addition in the rear yard of the existing single detached dwelling having a rear yard setback of
5.1m rather than the required 7.5m.
The Committee considered the report of the Planning Division, dated February 13, 2017, advising
the subject property is zoned Residential Three Zone (R-3), designated Low Rise Residential in
the current Official Plan, and Low Rise Residential in the new Official Plan.
The applicant is requesting permission to construct a one-storey rear yard addition on a single
detached dwelling. The applicant is requesting relief from Section 37.2.1 of the Zoning By-law to
construct the addition with a rear yard setback of 5.1 metres rather than the required 7.5 metres.
The requested variance meets the intent of the Official Plan. The Official Plan favours the mixing
and integration of different forms of housing to achieve a low overall intensity of use. The
proposed one-storey addition maintains this intent.
The proposed variance meets the intent of the Zoning By-law. The intent of the 7.5 metre rear
yard setback for dwellings is to ensure that there is a sufficient distance from neighbouring
properties so that they do not negatively impact neighbours and also to provide an adequate
amenity space in the backyard. The proposed rear yard of 5.1 metres is a reduction of 2.4 metres
and will not impact the abutting lot to the rear which has a single detached dwelling located 10.5
metres from the property line. There is currently a fenced deck in the place of the proposed one-
storey addition that will be removed, so there will be little change in the presence of a structure of
similar size in that location. The proposal will leave 6.9 metres between the proposed addition
and the northerly side lot line and 10.5 metres between the original rear face of the dwelling and
the rear lot line, leaving an adequate amenity space for the single detached dwelling.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 26 -
7. Submission No.: A 2017-014 (Cont’d)
The proposed variance is considered appropriate for the development and use of the lands based
on the reasons noted above. In addition, the presence of a large landscape buffer in the form of a
row of cedar trees provides a substantial visual barrier between the properties with abutting rear
property lines. Staff is of the opinion that the proposed variance will not negatively impact the use
of the property or the surrounding neighbourhood.
The variance is considered minor as staff is of the opinion that the reduction in setback will still
provide an adequate distance between the proposed addition to the dwelling and the rear
property line, as well as providing an adequately sized amenity space.
Based on the above comments, staff is of the opinion that the variance requested is minor, meets
the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot and
surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
The Committee considered the report of the City of Waterloo, dated February 10, 2017, advising
they have no concerns with this application.
Mr. G. Martin was in attendance in support of the subject application and staff recommendation.
Mr. B. McColl requested, and it was agreed, that a condition requiring a Building Permit would be
added to the Committee’s decision.
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of Arvind and Manjari Swarup requesting permission to construct a single
storey addition in the rear yard of the existing single detached dwelling having a rear yard
setback of 5.1m rather than the required 7.5m, on Lot 15, Plan 1625, 58 Northforest Trail,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the owner shall obtain a Building Permit from the City’s Building Division.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
8. Submission No.: A 2017-015
Applicant: Stephan and Evelyn Bujold
Property Location: 1300 Doon Village Road
Legal Description: Part of Biehn’s Unnumbered Tract
Appearances:
In Support: S. Bujold
Contra: None
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 27 -
8. Submission No.: A 2017-015 (Cont’d)
Written Submissions: None
The Committee was advised the applicants are requesting permission to demolish an existing
shed and reconstruct a new accessory structure on a lot having a width of 27.43m rather than the
required 30.48m; a driveway width of 19m rather than the maximum permitted width of 8m; and,
to locate the accessory structure between the front façade and the streetline of the existing
detached dwelling whereas the By-law does not permit accessory structures between the façade
and the streetline.
The Committee considered the report of the Planning Division, dated February 7, 2017, advising
the subject property is located at 1300 Doon Village Road and has a split Official Plan
Designation. The majority of the property is designated Low Rise Residential and the southern
portion of the property is designated Natural Heritage Conservation in the City’s Official Plan. The
property is zoned Residential Two Zone (R-2) with Special Use Provision 187U in the City’s
Zoning By-law. The subject property is located near the intersection of Doon Village Road and
Doon South Drive. The property is currently developed with a single detached dwelling with a
detached garage (accessory structure) which is located in front of the single detached dwelling
(principal building). The owners are proposing to replace the existing detached garage with a new
detached garage similar in size situated in approximately the same location.
The owners are requesting relief from section 5.5.2 e) of the Zoning By-law to allow an accessory
structure to be located in front of the front facade of the principal building whereas the Zoning By-
law requires accessory structures to be located behind the principal building. Furthermore, the
owners are requesting relief from section 6.1.1.1 b) e) of the Zoning By-law to legalize an existing
driveway having a width of 19.0 metres whereas the Zoning By-law permits a maximum driveway
width of 8.0 metres. Additionally, the owners are requesting relief from Special Use Provision
187U to legalize the lot width 27.43 metres whereas 187U requires a minimum lot width of 30.48
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 variances meet the intent of the Official Plan. The detached garage, single
detached dwelling and 19.0m wide portion of the driveway are located within Low Rise
Residential designation portion of the property. The driveway access is located within the Natural
Heritage Conservation which is not being altered. The proposed variances meet the intent of the
Low Rise Residential designation, 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 an accessory structure to be located in front of the front facade
of the principal building meets the intent of the Zoning By-law. The intent of the section 5.5.2 e) of
the Zoning By-law is to ensure that the principal habitable building is located closest to the street
and the main focal point rather than any accessory buildings. The proposed accessory structure
is replacing an existing accessory structure and will be located approximately in the same
location as the existing structure which is approximately 65.0 metres from the street lot line. The
proposed structure will not obstruct the view of the principal building and will not negatively impact
the streetscape through its proposed location. Staff is satisfied the variance meets the intent of
the Zoning By-law.
The requested variance to legalize the existing lot width of 27.43 metres meets the intent of the
Zoning By-law and the intent of Special Use Provision 187U. The intent of Special Use Provision
187U is to ensure new lots comply with the minimum lot width of 30.48 metres and are
compatible with surrounding lot in the community. The lot is existing and the lot width of 27.43
metres meets the intent of the Zoning By-law.
Furthermore, the requested variance to legalize the driveway width of 19.0 metres located 80.0
metres from the front lot line is existing and it will not have a negative effect on adjacent
neighbours since the driveway has existed in the present form since 1986.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 28 -
8. Submission No.: A 2017-015 (Cont’d)
The variances can be considered minor as the reduced lot width, increased driveway width and
location of the accessory structure will not present any significant impacts to adjacent properties
and the overall neighbourhood. The purpose of these variances is to legalize existing conditions
to allow the applicants to build a detached garage in the same location as the existing detached
garage. As such, the impact of these variances will be negligible. The proposed structure will not
obstruct the view of the principal building and meets the intent of the By-law.
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 surrounding
neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
The Committee considered the report from the Grand River Conservation Authority (GRCA),
dated February 13, 2017, advising although they have no objection to this application, they noted
a portion of the subject property is within the floodplain and the allowance adjacent to wetlands.
Consequently, the property is regulated by the GRCA under Ontario Regulation 150/06.
Mr. S. Bojold was in attendance in support of the subject application and staff recommendation.
He requested clarification on the parking plan requirement outlined in the staff report. Mr. D.
Seller advised the parking plan would ensure the garage would accommodate the required off-
street parking space.
In response to questions, Ms. J. von Westerholt advised the intention of Condition 1, as outlined
in the staff report, is to ensure the applicant is aware that he cannot expand the driveway within
80m of the street line beyond a maximum width of 8m. Mr. B. McColl noted the Condition as
outlined in the report is somewhat unclear as proposed. Ms. von Westerholt suggested the
Condition could be amended to read ‘That the driveway shall not be widened beyond a maximum
width of 8 metres within 80 metres of the street line’, which was agreed upon by the applicant and
the Committee.
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of Stephan and Evelyn Bujold requesting permission to demolish an
existing shed and reconstruct a new accessory structure on a lot having a width of 27.43m
rather than the required 30.48m as per Special Use Provision 187U; a driveway width of 19m
rather than the maximum permitted width of 8m; and, to locate the accessory structure
between the front façade and the streetline of the existing detached dwelling whereas the By-
law does not permit accessory structures between the façade and the streetline, on Part of
Biehn’s Unnumbered Tract, 1300 Doon Village Road, Kitchener, Ontario, BE APPROVED,
subject to the following conditions:
1. That the driveway shall not be widened beyond a maximum width of 8 metres within 80
metres of the street line.
2. That the existing 19 metre-wide portion of the driveway located 80 metres away the
street line cannot increase in size.
3. That the owner shall submit a parking plan to the satisfaction of the Director of
Transportation by September 1, 2017.
4. That no accessory structure shall be located closer than 60 metres to the front lot line.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 29 -
8. Submission No.: A 2017-015 (Cont’d)
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
9. Submission No.: A 2017-016
Applicant: Heather Campbell
Property Location: 19 Roland Street
Legal Description: Lot 3, Registered Plan 35
Appearances:
In Support: S. Litt
Contra: A. Mastes
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a 2-storey
addition in the rear and southerly side yard, as well as a 1-storey garage addition in the northerly
side yard of an existing single detached dwelling having a northerly side yard setback of 0.6m
rather than the required 2.5m; and, to have an additional 126.7% Building Floor Area (BFA),
whereas the By-law permits a maximum increase in the BFA of 25%.
The Committee considered the report of the Planning Division, dated February 10, 2017, advising
the proposed minor variances are being sought to permit several additions to an existing single
detached dwelling, including a new attached garage on the west side of the existing dwelling, the
rebuilding of an existing one storey sun room with a new two storey addition to the rear of the
existing dwelling, as well as a new two storey addition on the east side of the existing dwelling.
Specifically, a minor variance is being sought to permit new floor area that is more than 25% of
the existing ground floor area, as well as a side yard setback for an attached garage of 0.6
metres whereas 1.2 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 followingcomments.
The requested variances meet the intent of the Official Plan. The property is designated as Open
Space in the Victoria Park Secondary Plan which permits all legally existing uses. The Two-Zone
Flood Plain Policies allow for minor expansions and alterations provided no adverse effects will
be had on the hydraulics or storage capacity of the floodway. All new development is subject to
the issuance of a Fill, Construction and Alteration to Waterways Permit. New floor area may be
subject to floodproofing implementation measures as deemed necessary by the Grand River
Conservation Authority (GRCA). In this case, the GRCA is supportive of the proposed additions.
The requested variances meet the intent of the Zoning By-law. Additions are permitted within the
Existing Use (E-1) zone of up to 25% of the existing ground floor area. While the requested
addition in floor area exceeds the 25% maximum, that calculation is based only on the ground
floor area of the existing dwelling (115 square metres). The new proposed BFA is 156.5 square
metres. The existing dwelling has a total BFA of 208.5 square metres with no garage. In total, the
new dwelling is proposed to have a total BFA of 365 square metres, including the attached
garage. When comparing total existing and total proposed BFA, being an increase from 208.5
square metres to 365 square metres, only 56% of the total floor area is new, and therefore the
increase is minor and meets the intent of the Zoning By-law to limit expansions of existing uses.
The requested variances are minor. The subject application requests to expand the existing
dwelling to a comparable size of other single detached dwellings on the same street. The
additions are proposed to the rear and the side of the existing dwelling. The requested side yard
reduction of 0.6 metres is the same setback permitted for detached garages.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 30 -
9. Submission No.: A 2017-016 (Cont’d)
The variances are appropriate for the development and use of the land. The land use designation
and zoning regulations for this property permit the expansion of the existing use. It is appropriate
to permit the improvements to the existing single detached dwelling.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
The Committee considered the report from the Grand River Conservation Authority (GRCA),
dated February 13, 2017, advising although they have no objection to this application, they noted
the subject property is within the floodplain associated with Schneider Creek. Consequently, the
property is regulated by the GRCA under Ontario Regulation 150/06.
Mr. S. Litt was in attendance in support of the subject application and staff recommendation.
Ms. A. Mastes stated she has concerns regarding the proposed addition, noting her property
backs onto the subject property. She added the Notice of Hearing and the staff report indicate
varying numbers when addressing the size of the addition.
Mr. Litt provided a brief summary of the subject application, noting the GRCA and the Zoning By-
law have different definitions related to Ground Floor Area and Building Floor Area. Mr. Litt
clarified the permitted 25% as outlined in the existing Use provision relates to the ground floor
area, not the building floor area, adding the ground floor area is regulated by the GRCA with the
intent to manage massing. Ms. von Westerholt stated properties within the E1 Zone are allowed
permits for additions up to 25% of the ground floor area. She added the applicant is requesting a
total floor area of 56% rather than the permitted 25%, noting the subject property and surrounding
properties have similar zoning. Mr. Litt stated the existing sun room will be removed during
construction and the gross building area is not being exceeded beyond what is permitted.
Ms. J. Meader advised it was her belief that the variance request not minor, adding that without
seeing elevation drawings, she was not in support of the subject application.
Mr. Litt stated elevation drawings had been submitted to the City’s Planning division as part of
another approval submission. The Chair suggested the Committee recess this application, to
allow the applicant time to provide the Committee with the elevation drawings for review before
proceeding with the subject application this date.
Application A 2017-016 was recessed at this time to allow the applicant to provide elevation
drawings in support of the subject application.
10. Submission No.: A 2017-017
Applicant: Steven Easter
Property Location: 365 Greenbrook Street
Legal Description: Lot 313, Plan 946
Appearances:
In Support: S. Zinn
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct an attached
garage on an existing single detached dwelling having an easterly side yard setback of 0.783
rather than the required 1.2m.
The Committee considered the report of the Planning Division, dated February 10, 2017, advising
the subject property located at 365 Greenbrook Drive is designated Low Rise Residential in the
City’s Official Plan and zoned Residential Three Zone (R-3) in Zoning By-law 85-1. There is an
existing single detached dwelling on the property. To accommodate the construction of a
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 31 -
10. Submission No.: A 2017-017 (Cont’d)
proposed garage addition, the owner is requesting relief from Section 37.2.1 of the Zoning By-law
to allow a reduced side yard setback of 0.78 metres, whereas 1.2 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 followingcomments:
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 minor change to the side yard setback 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 legalize the side yard setback of the subject property at 0.78 metres,
whereas 1.2 metres is required, meets the intent of the Zoning By-law. The purpose of a side
yard setback of 1.2 metres is to provide adequate separation from neighbouring properties, to
allow property owners enough space to maintain any exterior walls along the side lot line, and to
provide enough room to access the rear yard. It is the opinion of staff that a 0.42 metre reduction
in the side yard setback will allow for adequate separation between neighbouring properties. With
regards to property maintenance and rear yard access, the reduced side yard setback would
continue to allow significant space for the property owners to maintain the exterior side walls, and
to access the rear yard.
The variance can be considered minor as the reduced side yard setback will not present any
significant impacts to adjacent properties and the overall neighbourhood. The side yard setback
encroaches 0.42 metres into the required side yard setback, maintaining adequate separation
between neighbouring properties, and allowing enough space for property maintenance on the
exterior side walls and for access to the rear yard.
The variance is appropriate development for the property and surrounding area. The proposed
variance will not impact the character of the subject property or surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
February 13, 2017, advising although they have no objection to this application, they noted a
portion of the subject property is within the allowance adjacent to a watercourse and floodplain.
Consequently, the property is regulated by the GRCA under Ontario Regulation 150/06.
Mr. S. Zinn was in attendance in support of the subject application and staff recommendation.
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of Steven Easter requesting permission to construct an attached garage
on an existing single detached dwelling having an easterly side yard setback of 0.783m rather
than the required 1.2m, on Lot 313, Registered Plan 946, 365 Greenbrook Drive, Kitchener,
Ontario,BE APPROVED, subject to the following condition:
1. That the owner shall obtain a Building Permit from the City’s Building Division for the
proposed construction by December 31, 2017.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 32 -
10. Submission No.: A 2017-017 (Cont’d)
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
11. Submission No.: A 2017-018
Applicant: Deer Ridge Heights Inc.
Property Location: 340 Joseph Schoerg Crescent
Legal Description: Lot 8, Registered Plan 58M-553
Appearances:
In Support: R. Paleczny
E. Bender
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single
detached dwelling having a front yard setback of 5.5m rather than the required 10m.
The Committee considered the report of the Planning Division, dated February 10, 2017, advising
the subject property located at 340 Joseph Schoerg Crescent is designated Low Rise Residential
in the City’s Official Plan and zoned Residential Three Zone (R-3) in Zoning By-law 85-1, with
Special Regulation 250R, 253R, and 280R. The property is currently vacant and the owner is
proposing to construct a single detached dwelling. The owner is requesting relief from Special
Regulation 250R of the Zoning By-law to permit a front yard setback of 5.5 metres, whereas 10.0
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 followingcomments:
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 minor change to the front yard setback 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 legalize the front yard setback on the subject property at 5.5 metres
from the front lot line, whereas 10.0 metres is required, meets the intent of the Zoning By-law.
The 10.0 metre setback was established for heritage purposes, as the property is located within
the Pioneer Tower West cultural heritage landscape area. Heritage staff has indicated they have
no concerns with the proposed variance. The proposed variance therefore meets the intent of the
Zoning By-law as it continues to maintain an established street-line, which contributes to the
cultural heritage landscape.
The variance can be considered minor as the reduced front yard setback will not present any
significant impacts to adjacent properties and the overall neighbourhood. The requested setback
of 5.5 metres will likely be in line with the setbacks of future buildings on adjacent properties
based on their existing R-3 zoning. Therefore, the requested variance for the subject property is
minor.
The variance is appropriate development for the property and surrounding area. The proposed
variance will not impact the character of the subject property or surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with this application.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 33 -
11. Submission No.: A 2017-018 (Cont’d)
Messrs. R. Paleczny and E. Bender were in attendance in support of the subject application and
staff recommendation.
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of Deer Ridge Heights Inc. requesting permission to construct a single
detached dwelling having a front yard setback of 5.5m rather than the required 10m, on Lot 8,
Registered Plan 58M-553, 340 Joseph Schoerg Crescent, Kitchener, Ontario, BE
APPROVED, subject to the following condition:
1. That the owner shall obtain a Building Permit from the City’s Building Division for the
proposed construction by December 31, 2017.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
COMBINED APPLICATIONS:
1. Submission Nos.: B 2017-003 and A 2017-019
Applicant: Vladan Knezevic
Property Location: 328 Prospect Avenue
Legal Description: Part Lot 15, Plan 943
Appearances:
In Support: V. Knezevic
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to sever a parcel of land
having a width on Prospect Avenue of 17.096m, a depth of 21.423m and an area of 342 sq.m.
The retained land will have a width of 11.55m, a depth of 21.423m and an area of 235 sq.m. The
retained land containing an existing semi-detached dwelling requires permission to have a rear
yard setback of 3.4m rather than the required 7.5m; and, to locate the required off-street parking
space 5.2m from the front lot line rather than the required 6m setback. The severed land is
intended for residential development.
The Committee considered the report of the Planning Division, dated February 13, 2017, advising
the subject property 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 lands are currently developed with an
existing semi-detached house. The existing development of the neighbourhood consists of a mix
of single detached dwellings, semi-detached dwellings, and low rise multiple dwellings. Lot sizes
vary in width, depth, and area.
The owner is requesting permission to sever the subject lands with the intent to redevelop the
severed lands with a new residential building (B 2017-003). The severed lot would have a lot
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 34 -
1. Submission Nos.: B 2017-003 & A 2017-019 (Cont’d)
width of 17.096 metres, a depth ranging between 21.423 metres and 24.683 metres, and an area
of 342 square metres. The retained lot would have a lot width of 11.550 metres, depth ranging
between 18.815 metres and 21.423 metres, and an area of 235 square metres. In addition, the
owner has submitted Minor Variance Application A 2017-019 (retained lot), requesting relief from
Section 38.2.2 to legalize a reduced rear yard setback of 3.4 metres, whereas 7.5 metres is
required and Section 6.1.1.1 b) i) to legalize an existing off-street parking setback of 5.2 metres,
whereas 6 metres is required.
Consent Application – B 2017-003:
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 meet the intent of Zoning By-law 85-1. Minor variances to legalize the rear
yard and off-street parking setbacks of the existing semi-detached house have been requested.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Four Zone (R-4), subject to approval of the concurrent minor variance application. The proposed
severance conforms to the City’s Official Plan and the configuration of the proposed lots can be
considered appropriate for the use of the lands.
Based on the foregoing, Planning staff recommends that Consent Application B 2017-003,
requesting consent to sever the subject property into two lots to facilitate the redevelopment of
the severed lands, be approved, subject to the conditions listed in the Recommendation section
of this report.
Minor Variance Application – A 2017-019:
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. The proposed
variances meet the intent of the Official Plan, 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 reduce the rear yard setback from 7.5 metres to 3.4 metres meets the
intent of the Zoning By-law. The intent of the 7.5 metre rear yard setback is to provide adequate
amenity space in the rear yard and separation between the building and neighbouring properties.
As the reduced rear yard setback is existing and there is sufficient amenity space provided in the
side yard, staff is satisfied the reduction of 4.1 metres meets the intent of the Zoning By-law.
The requested variance to permit a reduced parking space setback of 5.2 metres, whereas 6.0
metres is required, meets the intent of the Zoning By-law. The intent of the 6.0 metre setback is to
allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and
surrounding properties. Given that the driveway is existing, staff is satisfied the reduction of 0.8
metres will not affect the City right-of-way. Further, the existing driveway length of 10.7 metres
adequately provides a legal parking space with a length of 5.5 metres, as required by the Zoning
By-law. As such, staff is satisfied the proposed variance meets the intent of the Zoning By-law.
The variances can be considered minor as the reduced rear yard and off-street parking setbacks
will not present any significant impacts to adjacent properties and the overall neighbourhood. The
purpose of these variances is to legalize existing conditions in order to facilitate the proposed
severance. As such, the impact of these variances will be negligible.
The proposed variances are 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 subject building, therefore it will not negatively impact the
existing character of the subject property or surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated February 8, 2017, advising they have no objection to Application B
2017-003, subject to the following conditions:
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 35 -
1. Submission Nos.: B 2017-003 & A 2017-019 (Cont’d)
1. That, prior to final approval, the applicant submits payment to the Region the Consent
Application Review Fee of $350.00.
2. That, prior to final approval, the applicant enter into a Registered Development Agreement
with the City of Kitchener to include the following conditions in all offers of purchase/sale,
or rental agreements for all residential units:
“Purchasers and tenants are advised that sound levels due to increasing traffic on
Highway 7/8 and its ramps may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the Region
of Waterloo and the Ministry of the Environment and Climate Change.”
“This dwelling has been designed with the provision of adding central air
conditioning at the occupant’s discretion. The installation of central air conditioning
by the occupant in low and medium density developments will allow the windows
and exterior doors to remain closed, thereby ensuring that the indoor sound levels
are within the sound level limits of the Region of Waterloo and the Ministry of the
Environment and Climate Change.”
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 6, 2017, advising they have no concerns with Application A 2017-019.
The Committee considered the report of Kitchener-Wilmot Hydro Inc., dated February 8, 2017,
advising they have no objection to application B 2017-003 subject to the following conditions:
1. That the applicant make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for
the provision of electrical servicing to the lands to be severed before the severances are
granted.
2. That the applicant make arrangements for the granting of any easements required by
Kitchener-Wilmot Hydro Inc. before the severances are granted
3. Driveways will be located so as to provide a minimum of 1.0m clearance to all poles,
anchors and street light standards.
Mr. V. Knezevic was in attendance in support of the subject application and staff
recommendation.
Ms. J. von Westerholt noted City staff have been working with the applicant to obtain an updated
arborist report, adding since the staff report was circulated, Parks Operations staff have had an
opportunity to further review that Report. She requested, and the applicant and Committee
agreed, that an additional Condition be added to the Committee’s decision requiring the applicant
to replace the Armor Maple tree on the City boulevard if the tree needs to be removed, and to
replace it with a tree having a minimum 60mm caliber, if required.
Submission No.: B 2017-003
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of Vladan Knezevic requesting permission to sever a parcel of land having
a width on Prospect Avenue of 17.096m, a depth of 21.423m and an area of 342 sq.m., on
Part Lot 15, Plan 943, 328 Prospect Avenue, Kitchener, Ontario, BE APPROVED, subject to
the following conditions:
1. That the owner shall obtain a Tax Certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City’s Revenue Division.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 36 -
1. Submission Nos.: B 2017-003 & A 2017-019 (Cont’d)
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 Minor Variance Application A 2017-019 shall receive full and final approval.
4. That the owner shall submit a site plan and elevation drawings to the satisfaction of the
City’s Manager of Site Development and Customer Service.
5. That the owner shall make the necessary revisions to the Arborist’s report to the
satisfaction of the City’s Urban Designer.
6. That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed lands which shall include the
following:
a. That prior to any grading or the application or issuance of a building permit, the
owner shall submit a plan, prepared by a qualified consultant, to the satisfaction
and approval of the City’s Director of Planning, showing:
i. the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
ii. the location of any existing buildings or structures to be removed or relocated;
iii. the proposed grades and drainage;
iv. the location of all trees to be preserved, removed or potentially impacted on
or adjacent to the subject lands, including notations of their size, species and
condition;
v. justification for any trees to be removed; and,
vi. outline tree protection measures for trees to be preserved; and further,
vii. building elevation drawings.
b. Any alteration or improvement to the lands including grading, tree removal and the
application or issuance of any building permits shall be in compliance with the
approved plan. Any changes or revisions to the plan require the approval of the
City’s Director of Planning.
c. That prior to issuance of any building permit, the owner shall obtain clearance from
the City’s Director of Engineering that the forcemain for the Freeport Pumping
Station has been fully commissioned and the development freeze has been lifted.
7. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park
dedication on the severed parcel equal in the amount of $7,864.16. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
8. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
9. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed lands.
10. That any new driveways be built to City of Kitchener standards at the owner’s expense
prior to occupancy of the building to the satisfaction of the City’s Engineering Division.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 37 -
1. Submission Nos.: B 2017-003 & A 2017-019 (Cont’d)
11. That the owner shall provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
12. That the owner shall submit a complete Development and Reconstruction As-Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the Director of Engineering Services.
13. That the owner shall provide Engineering Services staff with confirmation that the
basement elevation can be drained by gravity to the street sewers. If this is not the
case, then the owner would have to pump the sewage via a pump and forcemain to the
property line and have a gravity sewer from the property line to the street to the
satisfaction of the Director of Engineering Services.
14. That the owner shall make arrangements financial or otherwise for the relocation of any
existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires
or lines, as required, to the satisfaction of the appropriate City department.
15. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro for
the relocation of the existing hydro pole, if necessary.
16. That the owner shall make arrangements for the granting of any easements required by
Kitchener-Wilmot Hydro Inc. before the severances are granted.
17. That the owner shall ensure driveways shall be located so as to provide a minimum of
1.0m clearance to all poles, anchors and street light standards.
18. That the owner shall submit the Consent Application Review Fee of $350.00 to the
Region of Waterloo.
19. That the owner shall enter into a Registered Development Agreement with the City of
Kitchener to include the following conditions in all offers of purchase/sale, or rental
agreements for all residential units:
“Purchasers and tenants are advised that sound levels due to increasing traffic
on Highway 7/8 and its ramps may occasionally interfere with some activities of
the dwelling occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment and Climate Change.”
“This dwelling has been designed with the provision of adding central air
conditioning at the occupant’s discretion. The installation of central air
conditioning by the occupant in low and medium density developments will allow
the windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Region of Waterloo
and the Ministry of the Environment and Climate Change.”
20. That if the Amur Maple tree located on the City of Kitchener boulevard is removed, the
owner shall be responsible for a replacement tree having a minimum 60mm caliper, to
the satisfaction of the Director of Parks Operations.
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.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 38 -
1. Submission Nos.: B 2017-003 & A 2017-019 (Cont’d)
Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being February 21, 2019.
Carried
Submission No.: A 2017-019
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of Vladan Knezevic requesting permission for the existing semi-detached
dwelling to have a rear yard setback of 3.4m rather than the required 7.5m; and, to locate the
required off-street parking space 5.2m from the front lot line rather than the required 6m
setback, on Part Lot 15, Registered Plan 943, 328 Prospect Avenue, Kitchener, Ontario, BE
APPROVED.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
The Committee recessed at 10:41 a.m. and reconvened at 10:45 a.m., Chaired by Mr. A. Head with all
members present.
9. Submission No.: A 2017-016 (Cont’d)
Applicant: Heather Campbell
Property Location: 19 Roland Street
Legal Description: Lot 3, Registered Plan 35
The Committee reconvened to further review Application A 2017-016 – 19 Roland Street. Mr. S.
Litt circulated this date elevation drawings prepared by RS Architects Inc., dated January 18,
2017. He advised there has been significant work on the elevation drawings to date, noting he
would still require approval of a Heritage Permit before the designs can be considered final.
In response to questions, Mr. Litt noted the doors located at the rear of the garage are for access
and are not intended for vehicle use.
Ms. A. Mastes questioned if the shed currently existing in the rear yard will be removed, noting
although the proposed dwelling will be larger than the existing house, the drawings show it should
be in keeping with the neighbourhood design. Mr. Litt confirmed the shed in the rear yard of the
subject property will be removed during construction.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 39 -
9. Submission No.: A 2017-016 (Cont’d)
Mr. D. Seller stated the application indicates garage dimensions, as provided through the Klause
Stacked Parking System, and requested a condition be added requiring the applicant to provide
parking documentation from the Klause Stacked Parking System identifying the dimensions of the
proposed parking space within the garage to the Satisfaction of Transportation Services.
Ms. J. Meader questioned possible implications of the Heritage Permit and the proposed design,
adding although the height of the design and elevations seem satisfactory, she requested the
designs be tied to the Committee’s decision. Ms. von Westerholt suggested a possible Condition
state the Committee’s approval be generally as per the elevation drawings circulated to the
Committee on this date and subject to a Heritage Permit Application, which may result in further
refinements to the elevations, which was agreed upon by the applicant and the Committee
members. Mr. G. Stevenson further advised that his recommendation also includes a prescribed
maximum floor area, which cannot be exceeded.
Moved by Ms. L. Meader
Seconded by Mr. B. McColl
That the application of Heather Campbell requesting permission to construct a 2-storey addition
in the rear and southerly side yard, as well as a 1-storey garage addition in the northerly side yard
of an existing single detached dwelling having a northerly side yard setback of 0.6m rather than
the required 2.5m; and, to have an additional Building Floor Area (BFA) not exceeding 156.2
sq.m., inclusive of an attached garage not exceeding 46.5 sq.m., whereas the By-law permits a
maximum increase in the BFA of 25% of the existing ground floor, on Lot 3, Registered Plan 35,
19 Roland Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall submit and obtain approval of a Heritage Permit which will be
reviewed by Heritage Kitchener and approved by Kitchener City Council.
2. That the owner shall submit and obtain approval of a Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Permit from the Grand River
Conservation Authority (GRCA).
3. That the owner shall submit and obtain approval of a revised development concept plan
showing an attached garage of not more than 46.5 square metres, to the satisfaction of
the City’s Director of Planning and the Grand River Conservation Authority (GRCA).
4. That the owner shall prepare a Tree Preservation Plan for the lands 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 plan 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 City’s
Director of Planning.
5. That the owner shall provide parking documentation from the Klause Stacked Parking
System identifying the dimensions of the proposed parking space within the garage to
the Satisfaction of Transportation Services.
6. That approval of Minor Variance Application A 2017-016 is generally as per the
elevation drawings prepared by RS Architects Inc. dated January 18, 2017 circulated to
the Committee on this date, and subject to a Heritage Permit Application, which may
result in further refinements to the elevations.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT FEBRUARY 21, 2017 - 40 -
9. Submission No.: A 2017-016 (Cont’d)
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee’s decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are
available on the City’s website at www.kitchener.ca
Carried
ADJOURNMENT
On motion, the meeting adjourned at 10:58 a.m.
Dated at the City of Kitchener this 21st day of February, 2017.
Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment