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HomeMy WebLinkAboutCA - 2022-06-21 Committee of Adjustment Committee Minutes June 21, 2022, 10:00 a.m. Electronic Meeting Present: D. Cybalski, Chair M. Kidd, Member S. Hannah, Member B. McColl, Member J. Meader, Member Staff: T. Malone-Wright, Supervisor, Development Applications D. Seller, Transportation Services Alison Fox S. Goldrup, Committee Administrator _____________________________________________________________________ 1. COMMENCEMENT 2. UNFINISHED BUSINESS 2.1 B 2021-045 - 35 Coral Crescent, DSD-2021-208 Submission No.: B 2021-045 Applicants: 2611601 Ontario Inc. Property Location: 35 Coral Crescent Legal Description: Lot 14, Part Lot 15, Plan 1063 Appearances: In Support: None. Contra: None. Written Submissions: 1 M. Simone N. & D. Weaver The Committee previously deferred the subject application from the October 19, 2021, Committee of Adjustment meeting, where the Committee was advised the applicant requested consent to to sever a parcel of land having a width of 9.47m, a depth of 58.465m, and an area of 555.3sq.m. The retained will have a width of 9.47m, a depth of 59.783m, and an area of 561.5sq.m. The existing dwelling is proposed to be demolished, and two single detached duplexes are proposed to be constructed. The Committee considered the written submissions regarding the subject application. The Committee considered Development Services Department report DSD-2021- 208, dated October 14, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 14, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 08, 2021, advising they have no concerns with the subject application. T. Malone-Wright reported that the subject application had been deferred from the October 19, 2021, meeting of the Committee of Adjustment to allow an opportunity for the applicant to provide elevation drawings, conceptual site plan or building plotting, and a phase-one update on the record of site condition process. T. Malone-Wright stated that the applicant has since requested that the application be withdrawn. 3. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 3.1 A 2022-060 1680 Victoria Street North , DSD-2022-298 Submission No.: A 2022-060 Applicants: 2716456 Ontario Ltd. Property Location: 1680 Victoria Street North Legal Description: Part Lot 123, German Company Tract Appearances: In Support: E. Blaak 2 Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to legalize the existing driveway of a commercial warehouse having a setback of 1m from the street line rather than the required 3m. The Committee considered Development Services Department report DSD-2022- 298, dated June 10, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. The Committee considered the report of Metrolinx dated June 6, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. In response to questions from the Committee, staff explained the parking lot had previously been established legally but over time began to encroach onto the roadway and now required a minor variance to the Zoning By-law. The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by J. Meader Seconded by B. McColl 3 That the application of 2716456 ONTARIO INC (KRISHAN JUDGE) requesting permission to legalize the existing driveway of a commercial warehouse having a setback of 1m from the street line rather than the required 3m, generally in accordance with drawings prepared by Paul Marques Architect Inc., dated May 19, 2022, as part of Site Plan Application SP21/110/V/SR, on Part Lot 123, German Company Tract, 1680 Victoria Street North, Kitchener, Ontario, BE APPROVED. The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please review the meeting www.kitchener.ca. Carried 3.2 A 2022-061 15 Palace Street , DSD-2022-311 Submission No.: A 2022-061 Applicants: JD (Palace Street) Inc. Property Location: 15 Palace Street Legal Description: Site Plan SP21/039/P/CD, Part Lot 3, Plan 1021, Part Lot 3, Plan 1026, Parts 4 to 7, Reference Plan 58R-18985 Appearances: In Support: B. Graham Contra: 4 None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to develop a vacant lot into an 8-storey apartment building with 266 units having a building height of 26.3m rather than the required maximum of 24m; and, 0.86 parking spaces/unit rather than the required 0.9 spaces per unit. The Committee considered Development Services Department report DSD-2022- 311, dated June 10, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. Further, T. Malone-Wright clarified a clerical error in the staff report, noting that the requested parking rate should be 0.857 parking spaces per unit. In response to questions from the Committee, T. Malone-Wright confirmed a future Zoning By-law amendment to address the requirements for first-floor building height in mixed-use zones. this date be amended to reflect a parking rate should be 0.857 parking spaces per unit. The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by B. McColl Seconded by M. Kidd 5 That the application of JD (PALACE STREET) INC requesting permission to develop a vacant lot into an 8-storey apartment building with 266 units having a building height of 26.3m rather than the required maximum of 24m; and, 0.857 parking spaces/unit (229 parking spaces) rather than the required 0.9 spaces per unit (240 parking spaces), in accordance with Site Plan SP21/039/P/CD, on Part Lot 3, Plan 1021, Part Lot 3, Plan 1026, being parts 4 to 7 on Reference Plan 58R-18985, 15 Palace Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 3.3 A 2022-062 619 Stirling Avenue South, DSD-2022-292 Submission No.: A 2022-062 Applicants: Edit Torok Property Location: 619 Stirling Avenue South Legal Description: Lot 6, Plan 331 Appearances: In Support: T. Torok Contra: None. Written Submissions: None. 6 The Committee was advised the applicant requested a minor variance to the Zoning By-law to construct a deck in the rear yard of an existing single detached dwelling greater than 0.6m in height having a northerly side yard setback of 0m rather than the required 1.2m. The Committee considered Development Services Department report DSD-2022- 292, dated June 10, 2022, recommending approval, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application subject to the conditions as outlined in the report. recommendation. In response to questions from the Committee, the applicant discussed the sliding glass door shown on the drawings submitted with the application. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. this date be amended to include the Grand River Conservation Authority's review fee, provide a maximum height for the deck of no greater than 0.9m and that the applicant must construct the fence in accordance with the City's Zoning By-law. The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by B. McColl Seconded by J. Meader That the application of EDIT TOROK requesting permission to construct a deck in the rear yard of an existing single detached dwelling greater than 0.6m, but less than 0.9m, in height having a northerly side yard setback of 0m rather than the required 1.2m, and that any fencing installed is in compliance with the -law, on Lot 6, Plan 331, 619 Stirling 7 Avenue South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall make financial arrangements for the minor variance application review fee to the Grand River Conservation Authority. The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please review the meeting m www.kitchener.ca. Carried 3.4 A 2022-063 145 Byron Avenue, DSD-2022-306 Submission No.: A 2022-063 Applicants: Armand Peter and Cindy Lynn Bernier Property Location: 145 Byron Avenue Legal Description: Lot 85, Plan 849 Appearances: In Support: P. Bernier Contra: None. Written Submissions: 8 S. Bennett G. Gushue The Committee was advised the applicant requested a minor variance to the Zoning By-law to convert an existing garage to a duplexed dwelling into a detached additional dwelling unit having a northerly side yard setback of 0.7m rather than the required 1.2m; and, the building floor area for the detached additional dwelling unit being 52.6% of the duplexed dwelling rather than the maximum 50%. The Committee considered the written submissions regarding the subject application. The Committee considered Development Services Department report DSD-2022- 306, dated June 10, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. The Committee heard comments about the written submission from CN Rail and the covered porch. The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by S. Hannah Seconded by B. McColl That the application of ARMAND BERNIER and CINDY BERNIER requesting permission to convert an existing garage to a duplexed dwelling into a detached additional dwelling unit having a northerly side yard setback of 0.7m rather than the required 1.2m; and, the building floor area for the detached additional 9 dwelling unit being 53% of the duplexed dwelling rather than the maximum 50%, generally in accordance with drawings prepared by Tri-City Drafting and Design Services, dated April 25, 2022 (attached to Report DSD-2022-306), in accordance with Site Plan Application SP22/031/B/TZ, on Lot 85, Plan 849, 145 Byron Avenue, Kitchener, Ontario, BE APPROVED. The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. 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 -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 3.5 A 2022-064 79 Stanley Avenue, DSD-2022-310 Submission No.: A 2022-064 Applicants: David and Kelly Gross Property Location: 79 Stanley Avenue Legal Description: Part Lot 10, Plan 675 Appearances: In Support: D. Gross Contra: None. Written Submissions: 10 None. Member M. Kidd left the meeting for the following item. The Committee was advised the applicant requested a minor variance to the Zoning By-law to demolish the existing garage and construct a new attached garage and recognize the location of the existing driveway abutting Stanley Avenue and Tagge Street having a northerly side yard setback abutting a street of 1m rather than the required 6m; and, a driveway on a corner lot being located 1.6m from the intersection of street lines rather than the required 9m. The Committee considered Development Services Department report DSD-2022- 310, dated June 10, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. D. Gross was in attendance in support of the a recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. this date be amended to correct the drawings referenced in the decision. The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by B. McColl Seconded by J. Meader That the application of DAVID GROSS and KELLY GROSS requesting permission to demolish the existing garage and construct a new attached garage and recognize the location of the existing driveway abutting Stanley Avenue and Tagge Street having a northerly side yard setback abutting a street of 1m rather than the required 6m; and, a driveway on a corner lot being located 1.6m from 11 the intersection of street lines rather than the required 9m, generally in accordance with the drawings submitted with the application prepared by J.D.Barnes, on Part Lot 10, Plan 675, 79 Stanley 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 ion-making process with respect to the subject application. For more information please www.kitchener.ca. Carried 3.6 A 2022-065 5-305 Briarmeadow Drive, DSD-2022-297 Submission No.: A 2022-065 Applicants: Jane Carere Property Location: 5-305 Briarmeadow Drive Legal Description: Part Block 57, Registered Plan 58M-190, Parts 10 & 25, Reference Plan 58R-16982 Appearances: In Support: S. Ahmed Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to construct a sunroom addition in the rear yard of an existing townhouse dwelling unit having a rear yard setback of 6m rather than the 12 required 7.5m; an easterly side yard setback of 1m rather than the required 2.5m; and, a westerly side yard setback of 2m rather than the required 2.5m. The Committee considered Development Services Department report DSD-2022- 297, dated June 9, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by B. McColl Seconded by M. Kidd That the application of JANE CARERE requesting permission to construct a sunroom addition in the rear yard of an existing townhouse dwelling unit having a rear yard setback of 6m rather than the required 7.5m; an easterly side yard setback of 1m rather than the required 2.5m; and, a westerly side yard setback of 2m rather than the required 2.5m, generally in accordance with drawings prepared by Lifestyle Sunrooms, dated April 4, 2022 and April 27, 2022 (attached to Report DSD2022-297), on Part Block 57, Registered Plan 58M-190, being Parts 10 and 25 on Reference Plan 58R-16982, 305 Briarmeadow Drive, Unit 5, Kitchener, Ontario, BE APPROVED. The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. 13 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 -making process with respect to the subject application. For more information please review the meeting minutes www.kitchener.ca. Carried 3.7 A 2022-066 10 Castlebay Street, DSD-2022-295 Submission No.: A 2022-066 Applicants: Maupreet Kaur Chhabra Property Location: 10 Castlebay Street Legal Description: Lot 34, Registered Plan 58M-568 Appearances: In Support: T. Kalsi Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to construct a landing and steps for a side yard entrance to support the conversion of a single detached dwelling into a duplex having a southerly side yard setback of 0.3m rather than the required 0.7m. The Committee considered Development Services Department report DSD-2022- 295, dated June 10, 2022, recommending approval, as outlined in the report. 14 The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. In response to questions from the Committee, staff discussed the proposed step and landing. It was suggested this date be amended to The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by B. McColl Seconded by S. Hannah That the application of GURPREET SINGH CHHABRA and MANPREET KAUR CHHABRA requesting permission to construct a landing and steps for a side yard entrance to support the conversion of a single detached dwelling into a duplex having a southerly side yard setback of 0.3m rather than the required 0.7m, on Lot 34, Registered Plan 58M-568, 10 Castlebay Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as -making 15 process with respect to the subject application. For more information please www.kitchener.ca. Carried 3.8 A 2022-067 58 Brubacher Street, DSD-2022-302 Submission No.: A 2022-067 Applicants: Erin & Allan Taylor Property Location: 58 Brubacher Street Legal Description: Part Lot 37, Plan 414 Appearances: In Support: A. Taylor Contra: None. Written Submissions: None. The Committee was advised the applicant requested a minor variance to the Zoning By-law to convert an existing garage to a detached duplexed dwelling into a detached additional dwelling unit having an easterly side yard setback of 0.5m rather than the required 0.6m. The Committee considered Development Services Department report DSD-2022- 302, dated June 10, 2022, recommending approval, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff 16 recommended approval. Further, T. Malone-Wright requested the Committee's decision be amended to reference a side yard setback of 0.51m to reflect shortest distance from the garage. M. Ptatschek was in attendance to ask questions of the Committee. It was suggested and this date be amended to correct the easterly side yard setback of 0.51m rather than the required 0.6m. The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by B. McColl Seconded by S. Hannah That the application of ALLAN TAYLOR and ERIN TAYLOR requesting permission to convert an existing garage to a detached duplexed dwelling into a detached additional dwelling unit having an easterly side yard setback of 0.51m rather than the required 0.6m, in accordance with Site Plan Application SP22/098/B/TZ, on Part Lot 37, Plan 414, 58 Brubacher Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please s website at www.kitchener.ca. Carried 3.9 A 2022-068 49 Queen Street North, DSD-2022-304 17 Submission No.: A 2022-068 Applicants: St. Peter's Evangelical Lutheran Church Kitchener Inc. Property Location: 49 Queen Street North Legal Description: Part Lot 11 and 12, Plan 401, Part Lot 1 and 2, Plan 388 Appearances: In Support: K. Gillis S. Dietrch S. Harris Contra: None. Written Submissions: K. Coulter K. Coulter M. Wallenius The Committee was advised the applicant requested a minor variance to the Zoning By-law to convert an existing religious institution into a religious institution and a multiple dwelling building having residential units located on the ground floor of a mixed use building whereas they are not permitted by the By-law; and, reduction of the existing parking spaces from 34 to 26 to support the conversion of a portion of the existing church space into 42 affordable residential units with associated support staffing areas, and amenity and community space. The Committee considered the written submissions regarding the subject application. The Committee considered Development Services Department report DSD-2022- 304, dated June 10, 2022, recommending approval, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. K. Gillis, S. Dietrch, and S. Harris were in attendance in support of the application 18 T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. The Committee heard comments from its members noting that they found the requested variance to be minor, with no parties registered in opposition, no concerns from commenting agencies, and stated their support for the recommendation outlined in the staff report. Moved by B. McColl Seconded by J. Meader That the application of ST PETERS LUTHERAN CHURCH requesting permission to convert an existing religious institution into a religious institution and a multiple dwelling building having residential units located on the ground floor of a mixed use building whereas they are not permitted by the By-law; and, reduction of the existing parking spaces from 34 to 26 to support the conversion of a portion of the existing church space into 42 affordable residential units with associated support staffing areas, and amenity and community space, generally in accordance with drawings prepared by Invizij Architects Inc, dated May 5, 2022, in accordance with Site Plan Application SP22/105/Q/KA, on Part Lot 11 and 12, Plan 401, Part Lot 1 and 2, Plan 368, 49 Queen Street North, 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 -making process with respect to the subject application. For more information please revie www.kitchener.ca. Carried 3.10 A 2022-069 92 River Road East, DSD-2022-293 19 Submission No.: A 2022-069 Applicants: Urbe Developments Inc. Property Location: 92 River Road East Legal Description: Part Lot 42, Plan 764 Appearances: In Support: D. Galbriath Contra: R. Heimpel Written Submissions: R. Heimpel The Committee was advised the applicant requested a minor variance to the Zoning By-law to demolish the existing single detached dwelling to construct a 5- storey apartment building containing 14 units having a northerly yard setback of 3.5m rather than the required 6m; an easterly side yard setback of 1.5m rather than the required 6m; a lot width of 19.6m rather than the minimum required 30m; an off-street parking ratio of 1.14 parking spaces/unit (16 spaces total) rather than the required 1.75 spaces/unit (25 spaces total); and, a Floor Space Ratio (FSR) of 2.1 instead of the maximum permitted 2.0. The Committee considered the written submissions regarding the subject application. The Committee considered Development Services Department report DSD-2022- 293, dated June 10, 2022, recommending approval, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the four tests outlined in the Planning Act, and that staff recommended approval. 20 R. Heimpel stated their opposition to the subject application, highlighting concerns regarding lot width, tree canopy, storm water runoff, land use, parkland, and area intensification. In response to questions from the Committee, T. Malone-Wright confirmed that the proposed lot width was sufficient under the new by-law and that trees and stormwater would be dealt with under the site plan approval process. Moved by S. Hannah Seconded by J. Meader That the application of Urbe Developments Inc. requesting a minor variance from the Zoning By-law to demolish the existing single detached dwelling to construct a 5-storey apartment building containing 14 units having a northerly yard setback of 3.5m rather than the required 6m; an easterly side yard setback of 1.5m rather than the required 6m; a lot width of 19.6m rather than the minimum required 30m; an off-street parking ratio of 1.14 parking spaces/unit (16 spaces total) rather than the required 1.75 spaces/unit (25 spaces total); and, a Floor Space Ratio (FSR) of 2.1 instead of the maximum permitted 2.0., BE DEFERRED to the November 2022 Committee of Adjustment meeting, or once the applicant is able to explore alternative options to assemble properties to the north, on Part Lot 42, Plan 764, 92 River Road East, Kitchener, Ontario. Carried 3.11 A 2022-071 17 Benton Street , DSD-2022-305 Submission No.: A 2022-071 Applicants: Hans Haus Inc. Property Location: 17 Benton Street Legal Description: Part Lot 4 and 5, Plan 364, Part Lot 38, Plan 394, Part 1, Reference Plan 58R-2490 Appearances: In Support: P. Chauvin J. Woodhouse A. Falsetto Contra: None. 21 Written Submissions: None. The Committee was advised the applicant requested permission to enlarge/extend a legal non-conforming 3-storey commercial building commonly having a 0m setback to a lane rather than the required 1m; and, a Floor Space Ratio (FSR) of 3.2 instead of the maximum permitted 2.0, to facilitate the construction of a 4th storey addition onto the existing footprint of the 3-storey building. The Committee considered Development Services Department report DSD-2022- 305, dated June 10, 2022, recommending approval, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 30, 2022, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. recommendation. T. Malone-Wright introduced the subject application, advising that application to be in the public interest, does not create any adverse impacts and can be considered good planning. Members of the Committee discussed the extensions of legal non-confirming, concluding that the only tests required for the consideration of the application were public interest and impacts on abutting properties. Moved by J. Meader Seconded by B. McColl That the application of HANS HAUS INC requesting permission to enlarge/expand a legal non-conforming 3-storey commercial building commonly having a 0m setback to a lane rather than the required 1m; and, a Floor Space Ratio (FSR) of 3.2 whereas the existing FSR is 2.4 and the By-law only permits 2.0, to facilitate the construction of a 4th storey addition onto the existing footprint of the 3-storeys building, in accordance with Site Plan Application SP22/080/B/CD, on Part Lot 4 and 5, Plan 364, Part Lot 38, Plan 394, Part 1, 22 Reference Plan 58R-2490, 17 Benton Street , Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that the request for permission to enlarge/extend a legal non-conforming use to facilitate a 4th storey addition under Section 45(2)(a) of the Planning Act is appropriate for the following reasons: 1. That approval of this application is in the public interest. 2. That the 4th storey addition does not create any adverse or unacceptable impacts on abutting properties Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please www.kitchener.ca. Carried 3.12 B 2022-035 5 South Drive , DSD-2022-300 Submission No.: B 2022-035 Applicants: SSB Developments Ltd. Property Location: 5 South Drive Legal Description: Lot 288, Plan 230, Part Lot 289 to 291 Appearances: In Support: S. Bacic Contra: None. Written Submissions: S. Lyons The Committee was advised the applicant requested consent to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m. The retained parcel of land having a width of 9.6m, a depth of 40.8m and an area of 410.1sq.m. 23 The Committee considered the written submissions regarding the subject application. The Committee considered Development Services Department report DSD-2022- 300, dated June 7, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 6, 2022, advising they have no concerns with the subject application subject to conditions as outlined in the report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. The Committee considered the report of Bell Canada dated June 6, 2022, advising they have no concerns with the subject application subject to conditions as outlined in the report. recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the relevant policy, and that staff recommended approval. Members of the Committee expressed concern rendering a decision concerning this matter without elevation drawings or footprints to the proposed applicant advised that elevation drawings had been prepared and would be Moved by B. McColl Seconded by M. Kidd That the application of SSB Developments Ltd requesting consent to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m. The retained parcel of land having a width of 9.6m, a depth of 40.8m and an area of 410.1sq.m, BE DEFERRED to the July 2022 Committee of Adjustment meeting, or once the applicant is able to provide elevation and footprint drawings, Lot 288, Plan 230, Part Lot 289 to 291, 5 South Drive, Kitchener, Ontario. Carried 3.13 B 2022-036 to 038 9 Pleasant Avenue , DSD-2022-301 24 Submission No.: B 2022-036 to 038 Applicants: DSQ Corp. Property Location: 9 Pleasant Avenue Legal Description: Part Lot 339, Plan 230, Part Lot 1, Plan 699, Part 1 Reference Plan 58R-5103 Appearances: In Support: K. Berbash Contra: K. Reimer-Watts Written Submissions: V. Lee K. Reimer-Watts The Committee was advised the applicant requested consent to sever the parcel of land into 4 residential lots. The parcel of land is to be severed and the existing single detached dwelling demolished to construct 2 detached dwellings and 1 semi-detached dwelling on two lots. The Committee considered the written submissions regarding the subject application. B 2022-036 (Severed Lot - Part B 2022-037 (Severed Lot - Part 1)Width 15.2mDepth 2)Width 8.5mDepth 44.3mArea 463.1sq.m. 39.5mArea 313.1sq.m. B 2022-038 (Severed Lot - Part Retained Lot (Part 4)Width 3)Width 10.8mDepth 10.4mDepth 27.5mArea 33.5mArea 365.2sq.m. 317.4sq.m. The Committee considered Development Services Department report DSD-2022- 301, dated June 8, 2022, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 6, 2022, advising they have no concerns with the subject application subject to conditions as outlined in the report. 25 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated June 3, 2022, advising they have no concerns with the subject application. K. Berbash was in attendance in support of the recommendation. T. Malone-Wright introduced the subject application, advised staff found the application to meet the relevant policy, and that staff recommended approval. K. Reimer-Watts spoke in opposition to the subject application and stated concers regarding community engagement, removal of mature trees, stormwater, wind impact, traffic, access to the hospital, hospital construction plans, lot size, property values, and fit within the neighbourhood. In response to questions from the Committee, T. Malone-Wright confirmed a tree management plan will be required and that the site had no heritage considerations. Members of the Committee expressed concern rendering a decision concerning this matter without elevation drawings or footprints to the proposed applicant advised that elevation drawings would be prepared for this matter to Moved by B. McColl Seconded by M. Kidd That the application of DSQ Corp. requesting consent to sever the parcel of land into 4 residential lots. The parcel of land is to be severed and the existing single detached dwelling demolished to construct 2 detached dwellings and 1 semi- detached dwelling on two lots. The Committee considered the written submissions regarding the subject application, BE DEFERRED to the August 2022 Committee of Adjustment meeting, or once the applicant is able to provide elevation and footprint drawings, Part Lot 339, Plan 230, Part Lot 1, Plan 699, Part 1 Reference Plan 58R-5103, 9 Pleasant Avenue, Kitchener, Ontario. Carried 4. SECRETARY-TREASURER APPOINTMENTS Moved by B. McColl Seconded by S. Hannah 26 That D. Saunderson be appointed Secretary-Treasurer for the Committee of Adjustment; and, That M. Mills and M. Blake be appointed as Acting Secretary-Treasurers for the Committee of Adjustment. Carried 5. ADJOURNMENT On motion, the meeting adjourned at 11:20 am. Sarah Goldrup Secretary-Treasurer Committee of Adjustment 27