HomeMy WebLinkAboutCA Minutes - 2024-02-20
Committee of Adjustment
Committee Minutes
February 20, 2024, 10:00 a.m.
Council Chambers
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
Present: D. Pateman. Chair
S. Hannah, Member
B. Santos, Member
B. McColl, Member
Staff: T. Malone-Wright, Supervisor, Development Applications
D. Seller, Transportation Services
M. Blake, Committee Coordinator
Connie Owen, Administrative Clerk
_____________________________________________________________________
1. COMMENCEMENT
The Committee of Adjustment met this date commencing at 10:00 a.m.
2. MINUTES
That the regular minutes of the Committee of Adjustment meeting held January
16, 2024, as circulated to the members, be accepted.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT
TO THE PLANNING ACT
5. NEW BUSINESS
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5.1 A 2024-012 - 628 New Dundee Road, DSD-2024-086
Submission No.: A 2024-012
Applicant: 1000215769 Ontario Inc.
Property Location: 628 New Dundee Road
Legal Description: Survey Beasley's New Part Lot 1, Registered Plan 58R-17216,
Part 2 and Part 3
Appearances:
In Support:
None
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to permit a
parking rate of 1.17 spaces per dwelling (247 off-street parking spaces) rather
than the minimum required 1.5 required spaces (317 off-street parking spaces);
and, to provide 10% of the required visitor parking spaces (25 off-street parking
spaces) rather than the required 20% visitor parking required (64 off-street
parking spaces) to facilitate construction of a mixed use development having 211
dwelling units, currently subject to Site Plan Application SP23/053/N/ES.
The Committee considered Development Services Department report DSD-2024-
086, dated February 8, 2024, recommending approval with conditions as outlined
in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated January 29, 2024, advising they have no concerns with the
subject application.
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated February 2, 2024, advising they have no
concerns with the subject application.
As no one was in attendance to support the application, the Committee deferred
consideration of this matter to the March 19, 2024 Committee of Adjustment
meeting.
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Moved by S. Hannah
Seconded by M. Gambetti
That the application of 1000215769 ONTARIO INC requesting a minor variance
to permit a parking rate of 1.17 spaces per dwelling (247 off-street parking
spaces) rather than the minimum required 1.5 required spaces (317 off-street
parking spaces); and, to provide 10% of the required visitor parking spaces (25
off-street parking spaces) rather than the required 20% visitor parking required
(64 off-street parking spaces) to facilitate construction of a mixed use
development having 211 dwelling units, currently subject to Site Plan Application
SP23/053/N/ES, on Survey Beasley's New Part Lot 1, Registered Plan 58R-
17216, Part 2 and Part 3, 628 New Dundee Road, Kitchener, Ontario, BE
DEFERRED until March 19, 2024, to allow the applicant an opportunity to
represent the application.
Carried
5.2 A 2024-013 - 49 Madison Avenue North, DSD-2024-069
Submission No.: A 2024-013
Applicant: Gurcharan Malhi
Property Location: 49 Madison Avenue North
Legal Description: Part Lot 7, Part Lot 3, Plan 370
Appearances:
In Support:
None
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to permit a
reduced lot width of 14.2m rather than the minimum required 15m; a reduced
rear yard setback of 6.5m rather than the required 7.5m; to permit a multiple
dwelling containing 5-units to have 1 off-street parking space rather than the
required 5 off-street parking spaces; and, to allow a multiple dwelling to have no
pedestrian entrance on the street line façade rather than the required one
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pedestrian entrance; to facilitate the construction of a rear yard addition and
conversion of a single detached dwelling into a multi-residential dwelling with 5
dwelling units.
The Committee considered Development Services Department report DSD-2024-
069, dated January 26, 2024, recommending approval with conditions as outlined
in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated January 29, 2024, advising they have no concerns with the
subject application.
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated February 2, 2024, advising they have no
concerns with the subject application.
As no one was in attendance to support the application, the Committee deferred
consideration of this matter to the March 19, 2024 Committee of Adjustment
meeting.
Moved by B. Santos
Seconded by B. McColl
That the application of GURCHARAN MALHI requesting a minor variance to
permit a reduced lot width of 14.2m rather than the minimum required 15m; a
reduced rear yard setback of 6.5m rather than the required 7.5m; to permit a
multiple dwelling containing 5-units to have 1 off-street parking space rather than
the required 5 off-street parking spaces; and, to allow a multiple dwelling to have
no pedestrian entrance on the street line façade rather than the required one
pedestrian entrance; to facilitate the construction of a rear yard addition and
conversion of a single detached dwelling into a multi-residential dwelling with 5
dwelling units, on Part Lot 7, Part Lot 3, Plan 370, 49 Madison Avenue North,
Kitchener, Ontario, BE DEFERRED until March 19, 2024, to allow the applicant
an opportunity to represent the application.
Carried
5.3 A 2024-014 - 132 Merner Avenue, DSD-2024-079
Submission No.: A 2024-014
Applicant: 1000202468 Ontario Inc. c/o Matthew Phipps
Property Location: 132 Merner Avenue
Legal Description: Lot 7, Plan 667
4
Appearances:
In Support:
M. Phipps
K. Boland
Contra:
None
Written Submissions:
L. Gossen
The Committee was advised the applicant requested permission to permit a lot
width of 12.8m rather than the minimum required 13.1m; having a side yard
abutting Krug Street of 1.57m rather than the required 4.5m; having a southerly
side yard setback of 1.07m rather than the required 1.2m; having 2 of the
required off-street parking spaces located 5.2m from the street line rather than
the required 6m setback; having a rear yard setback of 4.36m rather than the
required 7.5m; and, to allow one of the required parking spaces to be 2.6m wide
by 5.2m long, rather than the required 2.6m wide by 5.5m long to facilitate the
conversion of a duplex to a triplex.
The Committee considered Development Services Department report DSD-2024-
079, dated February 7, 2024, recommending approval with conditions as outlined
in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated January 29, 2024, advising they have no concerns with the
subject application.
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated February 2, 2024, advising they have no
concerns with the subject application.
M. Phipps and K. Boland were in attendance in support of the application and
ommendation.
At the request of staff, the Committee, agreed to amend the staff
recommendation requesting a minor variance to permit having a side yard
abutting Krug Street of 1.4m rather than the required 4.5m, and having a rear
yard setback of 4.5m rather than the required 7.5m.
5
Moved by S. Hannah
Seconded by M. Gambetti
That the application of 1000202468 ONTARIO INC and MATTHEW PHIPPS
requesting a minor variance to permit a lot width of 12.8m rather than the
minimum required 13.1m; having a side yard abutting Krug Street of 1.4m rather
than the required 4.5m; having a southerly side yard setback of 1.07m rather
than the required 1.2m; having 2 of the required off-street parking spaces located
5.2m from the street line rather than the required 6m setback; having a rear yard
setback of 4.5m rather than the required 7.5m; and, to allow one of the required
parking spaces to be 2.6m wide by 5.2m long, rather than the required 2.6m wide
by 5.5m long, generally in accordance with drawings prepared by Southwood
Homes Architectural Design, to facilitate the conversion of a duplex to a triplex,
on Lot 7, Plan 667, 132 Merner 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
-making
process with respect to the subject application. For more information please
at
www.kitchener.ca.
Carried, as amended
5.4 A 2024-015 - 50 Mountain Mint Crescent, DSD-2024-082
Submission No.: A 2024-015
Applicants: John Borsi & Cheryl Borsi
Property Location: 50 Mountain Mint Crescent
Legal Description: Registered Plan 58M-16, Part 23, Block 7
Appearances:
In Support:
K. Boland
6
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to permit a
minimum lot width of 9.6m rather than the minimum required 13.1m to facilitate
the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard
of the existing Single Detached Dwelling.
The Committee considered Development Services Department report DSD-2024-
015, dated February 7, 2024, recommending approval with conditions as outlined
in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated January 29, 2024, advising they have no concerns with the
subject application.
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated February 2, 2024, advising they have no
concerns with the subject application.
recommendation.
Moved by B. McColl
Seconded by B. Santos
That the application of JOHN BORSI and CHERYL BORSI requesting a minor
variance to permit a minimum lot width of 9.6m rather than the minimum required
13.1m, generally in accordance with drawings prepared by Southwood Homes, to
facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the
rear yard of the existing Single Detached Dwelling, on Registered Plan 58M-16,
Part 23, Block 7, 50 Mountain Mint Crescent, Kitchener, Ontario, BE
APPROVED:
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the
property.
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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
5.5 A 2024-016 - 962 Guelph Street, DSD-2024-085
Submission No.: A 2024-016
Applicant: Andaca Inc. c/o Martha Hahn
Property Location: 962 Guelph Street
Legal Description: Part Lot 9, Plan 763
Appearances:
In Support:
M. Kaczmarek
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to permit a "Pet
Aquamation" use as a permitted use in the 'General Industrial Zone (M-2)' to
facilitate the reuse of the existing building for a use not currently permitted in the
'M-2' Zone.
The Committee considered Development Services Department report DSD-2024-
085, dated February 7, 2024, recommending approval with conditions as outlined
in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated January 29, 2024, advising they have no concerns with the
subject application.
8
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated February 2, 2024, advising they have no
concerns with the subject application.
recommendation.
Moved by S. Hannah
Seconded by M. Gambetti
That the application of ANDACA INC requesting a minor variance to permit a "Pet
Aquamation" use as a permitted use in the 'General Industrial Zone (M-2)' to
facilitate the reuse of the existing building for a use not currently permitted in the
'M-2' Zone, on Part Lot 9, Plan 763, 962 Guelph 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
www.kitchener.ca.
Carried
5.6 B 2024-003 - 140 Highland Road East, DSD-2024-075
Submission No.: B 2024-003
Applicant: Vive Development c/o Stephen Litt
Property Location: 140 Highland Road East
Legal Description: Tract German Company Sub Lot 17, Part Lot 366
Appearances:
In Support:
P. Chauvin
9
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to create a
triangular-shaped easement having a length of 13m along Spadina Road East, a
width of 7.6m along the shared property line between 140 Highland Road East
and 270 Spadina Road East, and an area of 40.2 sq.m. for the purposes of
access in favour of and to 270 Spadina Road East.
The Committee considered Development Services Department report DSD-2024-
075, dated February 2, 2024, recommending approval with conditions as outlined
in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated February 5, 2024, advising they have no concerns with the
subject application.
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated February 2, 2024, advising they have no
concerns with the subject application.
P. Chauvin was in attendance in support of the application
recommendation.
Moved by B. McColl
Seconded by M. Gambetti
That the application of SPADINA HOLDING (KITCHENER) CORPORATION
requesting permission to create a triangular-shaped easement having a length of
13m along Spadina Road East, a width of 7.6m along the shared property line
between 140 Highland Road East and 270 Spadina Road East, and an area of
40.2 sq.m. for the purposes of access in favour of and to 270 Spadina Road
East, on Tract German Company Sub Lot 17, Part Lot 366, 140 Highland Road
East, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1.
and associated fees for the Certificate of Official to the satisfaction of the
Secretary-Treasurer and City Solicitor, if required
10
2. That the property owner shall obtain a tax certificate from the City of
Kitchener to verify there are no outstanding taxes on the subject property
3. That the property owner shall provide a digital file of the deposited
reference plan(s) prepared by an Ontario Land Surveyor in PDF and
either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full
sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the
4. That the property owner shall ensure the Transfer Easement document(s)
required to create the Easement(s) being approved herein shall include
the following, and shall be approved by the City Solicitor in consultation
5. a) a clear and specific description of the purpose of the Easement(s) and
of the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost sharing
provisions related thereto); and
6. b) a clause/statement/wording confirming that the Easement(s) being
granted shall be maintained and registered on title in perpetuity and shall
not be amended, released or otherwise dealt with without the express
written consent of the City.
7.
Undertaking, to register the approved Transfer Easement(s) and to
immediately thereafter provide copies thereof to the City Solicitor, shall be
provided to the City Solicitor.
8. That the property owner shall make satisfactory financial arrangements to
the Region of Waterloo for the consent application review fee of $350.00.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly
development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the
severed lands and the retained lands.
3. The use of the land in the application conforms to the City of Kitchener
Municipal Plan and the Regional Official Policies Plan.
11
Pursuant to Section 53 of the Planning Act, all oral and written submissions were
considered and taken into account as part of -making
process with respect to the subject application. For more information please
www.kitchener.ca.
Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the
above-noted conditions within two years of the date of giving notice of this
decision.
Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the
expiration of two years from the date of the certificate given under subsection
(42) if the transaction in respect of which the consent was given is not carried out
within the two-year period, but the council or the Minister in giving the consent
may provide for an earlier lapsing of the consent.
Carried
6. ADJOURNMENT
On motion, this meeting adjourned at approximately 10:16 a.m.
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
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