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HomeMy WebLinkAboutCA Minutes - 2024-05-21 Committee of Adjustment Committee Minutes May 21, 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. McColl, Member M. Gambetti, Member Staff: T. Malone-Wright, Supervisor, Development Applications M. Mills, Committee Coordinator _____________________________________________________________________ 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 April 16, 2024, as circulated to the members, be accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. NEW BUSINESS 5.1 A 2024-033 - 1955 Fischer Hallman Road, DSD-2024-219 Submission No.: A 2024-033 Applicant: The Corporation of the City of Kitchener 1 Property Location: 1955 Fischer Hallman Road Legal Description: Part Lots 151, 152, 153, German Company Tract; being Parts 1 to 3, on Reference Plan 58R-3382, save and except Parts 1 to 3, on Reference Plan 58R-10081 and save and except Part 1, on Reference Plan 58R-19939, Appearances: In Support: D. Becks Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit an easterly side yard setback of 8.5m rather than the minimum required 10m to facilitate the development of a recreational athletic complex. The Committee considered Development Services Department report DSD-2024- 219, dated May 3, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. D. Becks was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti Carried 5.2 A 2024-034 - 215 Morgan Avenue, DSD-2024-241 Submission No.: A 2024-034 Applicant: Fabien Youbissi Property Location: 215 Morgan Avenue Legal Description: Part Lot 3, Plan 986 and Part Lot 1, Plan 959 2 Appearances: In Support: F. Youbissi Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit 19% of street line façade opening and no pedestrian entrance rather than the minimum required 20% including one (1) pedestrian entrance to the principal building; to permit a building to be located 10.6m from an active railway right-of- way rather than the minimum required 15m, to permit a drive aisle of 4.8m adjacent to a portion of one (1) parking space rather than the minimum required 6m; and, to permit parking spaces and drive aisles to be located in the front yard whereas the Zoning By-law does not permit this, to facilitate the development of 4 Additional Dwelling Units (ADU) to a 4 unit development for a total of 8 dwelling units on the subject property. The Committee considered Development Services Department report DSD-2024- 241, dated May 9, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. F. Youbissi was in attendance in support of the staff recommendation. Moved by S. Hannah Seconded by M. Gambetti Carried 5.3 A 2024-035 - 42 Hazelglen Drive, DSD-2024-221 3 Submission No.: A 2024-035 Applicant: A & F Greenfield Homes Ltd. Property Location: 42 Hazelglen Drive Legal Description: Part Block B, Plan 1257; being Part 2 on Reference Plan 58R- 893 Appearances: In Support: D. & O. Rosu Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; a building height of 11.9m rather than the maximum permitted 11m; and, to not provide private patios for the ground floor units whereas the zoning by-law requires a private patio be provided, to facilitate a multiple residential development having 20 dwelling units in accordance with Site Plan Application SP23/081/H/AA. The Committee considered Development Services Department report DSD-2024- 221, dated May 1, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. D. Rosu and O. Rosu were in attendance in support of the staff recommendation. Moved by S. Hannah Seconded by M. Gambetti Carried 4 5.4 A 2024-036 - 50 Confederation Drive (WITHDRAWN) Submission No.: A 2024-036 Applicant: Waterloo Catholic District School Board c/o Shesh Maharaj Property Location: 50 Confederation Drive Legal Description: Plan 1203, Block D The application was withdrawn thus was not considered by the Committee. 5.5 A 2024-037 - 67 Blucher Street, DSD-2024-225 Submission No.: A 2024-037 Applicant: 67-71 Blucher Inc. c/o Marko Podobnik Property Location: 67 Blucher Street Legal Description: Lot 16, Plan 328 and Part Lot 4, Plan 399 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a front yard setback of 4.49m rather than the minimum required 6.6m; a rear yard setback of 3.2m rather than the minimum required 7m; and, a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6, to facilitate the development of 2 3-storey stacked townhouse buildings each having 8 dwelling units in the rear yard of the subject property containing an existing 10 townhouse dwelling in accordance with Site Plan Application SP23/084/B/TS. The Committee considered Development Services Department report DSD-2024- 225, dated May 8, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. 5 K. Barisdale, GSP Group was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by S. Hannah Carried 5.6 A 2024-038 - 32 Montana Crescent, DSD-2024-238 Submission No.: A 2024-038 Applicant: Robert Davis Property Location: 32 Montana Crescent Legal Description: Part Lot 302, Plan 1448; being Part 2 on Reference Plan 58R- 5331 Appearances: In Support: R. Davis Contra: None Written Submissions: J. Van Es M. Moriarty The Committee was advised the applicant requested minor variances to Zoning By-laws 2019-051 and 2024-074 to permit the building floor area for an Additional Dwelling Unit (ADU) (Detached) to be 122 sq.m rather than the maximum permitted 80 sq.m.; to permit a lot width of 7.3m rather than the minimum required 13.1m; to permit a shed roof building height for the Additional Dwelling Unit (ADU) (Detached) of 4.8m rather than the maximum permitted 4.5m; to permit an unobstructed walkway of 0.94m rather than the minimum required 1.1m; and, to permit a deck on the Additional Dwelling Unit (ADU) (Detached) to have a rear yard setback, adjacent to Highland Road West, of 1.4m rather than the minimum required 4m to facilitate renovation of the existing semi-detached dwelling to have one (1) Additional Dwelling Unit (ADU) (Attached) and to construct one (1) Additional Dwelling Unit (Detached) for a total of 3 dwelling units on the property. 6 The Committee considered Development Services Department report DSD-2024- 238, dated May 13, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. R. Davis was in attendance in support of the staff recommendation. In response to questions from the Committee, T. Malone-Wright noted, risers being constructed along with the walkway of the deck would be reviewed through the building permit application process thus does not need to be addressed in the minor variance application. Moved by S. Hannah Seconded by M. Gambetti Carried 5.7 A 2024-039 - 114 Brandon Avenue, DSD-2024-246 Submission No.: A 2024-039 Applicants: Paul Dale and Madeline Dale Property Location: 114 Brandon Avenue Legal Description: Part Lot 65, Plan 852 Appearances: In Support: R. Sajkunovic Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit an easterly side yard setback of 0.45m rather than the minimum required 1.2m to recognize the location of an existing carport; and, to permit a rear yard setback of 7 5.5m rather than the minimum required 7.5m to facilitate the replacement of an existing sunroom at the rear of the detached dwelling. The Committee considered Development Services Department report DSD-2024- 246, dated May 10, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. It was noted the applicant applied for relief from the minimum side yard setback to recognize an existing carport located 0.45 metres from the side lot line. 1960 for the carport that was approved in that location in compliance with the contemporaneous Zoning By-law (Zoning By-law 4830). Therefore, the carport location is considered legal-non-complying and a minor variance is not required. R. Sajkunovic was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl Carried 5.8 A 2024-040 - 39 Turner Avenue, DSD-2024-227 Submission No.: A 2024-040 Applicant: Harold Noseworthy Property Location: 39 Turner Avenue Legal Description: Lot 4, Plan 705 Appearances: In Support: H. Noseworthy Contra: None Written Submissions: 8 None The Committee was advised the applicant requested a minor variance to permit an accessory building to be 18.3% (204.4 sq.m in area) rather than the maximum permitted 15% (168.2 sq.m in area) to facilitate a 1-storey addition to an existing detached accessory structure in the rear yard of the subject property. The Committee considered Development Services Department report DSD-2024- 227, dated May 8, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. H. Noseworthy was in attendance in support of the staff recommendation. Moved by S. Hannah Seconded by B. McColl Carried 5.9 A 2024-041 - 133 Max Becker Drive, DSD-2024-232 Submission No.: A 2024-041 Applicants: Scott Roland and Janet Roland Property Location: 133 Max Becker Drive Legal Description: Block 9, Plan 58M-172; being Part 43 on Reference Plan 58R- 12815 Appearances: In Support: S. & J. Roland Contra: None Written Submissions: None 9 The Committee was advised the applicant requested a minor variance to permit an exterior yard setback adjacent to Copper Leaf Crescent of 4.2m rather than the required 4.5m to be able to build a 2-storey addition onto the existing detached dwelling. The Committee considered Development Services Department report DSD-2024- 232, dated May 8, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. S. Roland and J. Roland were in attendance in support of the staff recommendation. D. Pateman noted he was not in support of the staff recommendation as the proposed addition creates an odd shaped lot and negatively impacts the streetscape. A recorded vote was requested. The recommendation was then voted on and was Carried with S. Hannah, B. McColl and S. Hannah voting in favour; and, D. Pateman voting in opposition. Moved by B. McColl Seconded by M. Gambetti Carried 5.10 A 2024-042 - 125 Seabrook Drive, DSD-2024-218 Submission No.: A 2024-042 Applicant: Delight Realty Inc. c/o Jarnail Kahlon Property Location: 125 Seabrook Drive Legal Description: Block 183, Plan 58M-374 Appearances: In Support: N. Bogaert 10 Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a gross leasable commercial space of 1,932.5 sq.m rather than the maximum permitted 999 sq.m; and, to permit a retail unit to be 555 sq.m in size rather than the maximum 225 sq.m to facilitate the development of a new commercial plaza with a specialty grocery store in accordance with Site Plan Application SP24/002/S/AA. The Committee considered Development Services Department report DSD-2024- 218, dated May 1, 2024, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 2, 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 May 6, 2024, advising they have no concerns with the subject application. N. Bogaert, MHBC Planning was in attendance in support of the staff recommendation. The Committee noted additional bicycle parking should be considered. Moved by B. McColl Seconded by M. Gambetti Carried 5.11 B 2024-008 - 7 Upper Mercer Street, B6 and B7, DSD-2024-226 Submission No.: B 2024-008 Applicant: P. Reitzel Property Location: 7 Upper Mercer Street, B6 and B7 Legal Description: Part Block 29, Plan 58M-392; being Parts 6, 7 & 87 on Reference Plan 58R-16271 Appearances: 11 In Support: J. Reitzel Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever the existing townhouse dwelling units, municipally known as 7 Upper Mercer Street, Units 6 and 7, into two (2) independent properties/units. The severed land will have a lot width of 5.9m, a lot depth of 27.6m and a lot area of 162.8 sq.m. The land to be retained will have a lot width of 5.9m, a lot depth of 26.7m and a lot area of 162.8 sq.m. The consent will permit each townhouse dwelling unit in an existing townhouse development to be dealt with independently. The Committee considered Development Services Department report DSD-2024- 226, dated May 13, 2024, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated May 6, 2024, advising they have no concerns with the application subject to conditions. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated May 6, 2024, advising they have no concerns with the subject application. J. Reitzel was in attendance in support of the staff recommendation. Moved by S. Hannah Seconded by M. Gambetti Carried 5.12 B 2024-009 & A 2024-043 - 500 Stauffer Drive, DSD-2024-236 Submission No.: B 2024-009 & A 2024-043 Applicant: Estate of Monika Ruttkowski c/o Walter Pfeifer Property Location: 500 Stauffer Drive Plan 58R-20312 12 Appearances: In Support: W. Pfeifer P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever a parcel of land having an approximate lot width of 141.5m, a lot depth of 39.2m and an area of 0.208 hectares (Block 2 on the Severance Plan). The lands to be retained will have an approximate lot width of 715m, a lot depth varying from 518-725m and an area of 39.4 hectares (Block 1 on the Severance Plan). The purpose of the application is to create a sanitary servicing block (Block 2) that is to be conveyed of lands on the west side of Strasburg Road. The Committee was advised a minor variance is also being requested to permit a lot width of 141.5m, to recognize the resultant width of the proposed severed parcel of land, whereas the 'FTR-1' Zone only permits the existing width of a lot. The Committee considered Development Services Department report DSD-2024- 236, dated May 8, 2024, recommending approval with conditions as outlined in the report. The Committee considered the reports of the Region of Waterloo Transportation Planner, dated May 2, 2024, and May 6, 2024, advising they have no concerns with the application subject to conditions. W. Pfeifer and P. Chauvin, MHBC Planning were in attendance in support of the staff recommendation. In response to questions from W. Pfeifer, T. Malone Wright advised the severance plan submitted with the subject application was incorrect as it outlined 3 existing blocks however, as one of these blocks have already created through the dedication of Strasburg Road, there only 2 existing blocks. It was noted the severance plan was revised following the submission of the application to indicate 2 blocks. 13 The Committee noted conditions 5 and 6 of the staff recommendation outlined in Development Services Department report, DSD-2024-235 requires a Notice of Source Protection Plan Compliance and Archaeological Assessment Report, matters which will be addressed through the plan of subdivision. It was noted, it may be an onerous requirement for the applicant to fulfill these conditions for approval of their consent application. In response, P. Chauvin requested the Committee remove conditions 5 and 6 proposed in the staff recommendation. T. Malone-Wright noted conditions 5 and 6 were requested by the Region of Waterloo thus should not be omitted without consultation with the Region. T. Malone-Wright suggested the wording "if necessary" be included in Conditions 5 and 6 to allow this matter to be addressed between the Applicant and Region. P. Chauvin expressed disagreement with the suggested language noting it does not guarantee the Region will not enforce a requirement for a Notice of Source Protection Plan Compliance and Archeological Assessment Report. M. Gambetti brought forward a motion to approve the staff recommendation outlined in Development Services Department report, DSD-2024-235. S. Hannah brought forward an amendment to the motion for Conditions 5 and 6 outlined in DSD-2024-235 to include the wording "if required" which was voted on and was Carried. The motion as amended was then voted on was Carried. Moved by M. Gambetti Seconded by B. McColl Carried, as amended 6. ADJOURNMENT On motion, this meeting adjourned at 10:49 a.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 14