HomeMy WebLinkAboutCA Minutes - 2024-09-17
Committee of Adjustment
Committee Minutes
September 17, 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, Manager, Development Approvals
D. Seller, Transportation Services
M. Mills, Committee Coordinator
C. Owen, Administrative Clerk
_____________________________________________________________________
1. COMMENCEMENT
The Committee of Adjustment met this date commencing at 10:01 a.m.
2. MINUTES
Moved by B. Santos
Seconded by S. Hannah
"That the regular minutes of the Committee of Adjustment meeting held
August 20, 2024, as circulated to the members, be accepted."
Carried
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 B. McColl - A 2024-073 - 109 Edgehill Drive, DSD-2024-389
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B. McColl declared a pecuniary interest with respect to minor variance
application A 2024-073 - 109 Edgehill Drive, DSD-2024-389, on the agenda this
date due to owning property in close proximity to the subject property.
Accordingly, B. McColl did not participate in any discussion or vote regarding this
matter.
3.2 B. McColl - B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-
420
B. McColl declared a pecuniary interest with respect to consent application B
2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420 on the
agenda this date due to owning property in close proximity to the subject
property. Accordingly, B. McColl did not participate in any discussion or vote
regarding this matter.
4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT
TO THE PLANNING ACT
5. UNFINISHED BUSINESS
5.1 A 2024-065 - 570 Frederick Street, DSD-2024-416
Submission No.: A 2024-065
Applicants: Juliana & Anthony Davies
Property Location: 570 Frederick Street
Legal Description: Lot 31, Plan 357
Appearances:
In Support:
J. Davies
D. Chaudhry
N. DeLorenzis
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested minor variances to permit
an easterly side yard setback for a parking lot of 0.44m rather than the required
1.5m; to permit parking spaces to be located 4.2m from the street line along
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Bruce Street, rather than the required 4.5m; to permit the minimum required
parking spaces for a Multiple Residential Dwelling to be 0 rather than the
required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a
Health Clinic in a Mixed Zone to have 8 parking spaces (1 parking space per
24.5 sq.m. Gross Floor Area (GFA)) rather than the required 11 parking spaces (1
parking space per 19 sq.m. GFA); to permit a right (interior) side yard setback of
1.2m rather than the required 4m; and, to permit the minimum ground floor
building height, for any building with a street line façade, of 3.66m rather than the
required 4.5m, to facilitate the development of a 3-storey mixed use building
having 4 dwelling units and a health clinic in accordance with Site Plan
Application SP24/033/F/BB.
The Committee considered Development Services Department report DSD-2024-
420, dated September 6, 2024, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 8, 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 August 2, 2024, advising they have no
concerns with the subject application.
T. Malone-Wright noted the subject application was deferred by the Committee at
agents to
have further conversations with Staff regarding the proposed number of parking
spaces at the subject property and potential amendments to the Conditionally
Approved Site Plan. T. Malone-Wright noted following discussions with the
applicant in consultation with Transportation Planning Department, the applicant
has reduced the amount of non-residential floor area for the proposed clinic thus
minor variances for parking at the Health Clinic is no longer required. T. Malone-
Wright noted minor variances for the subject application are now only required for
the residential use as outlined in Development Services Department report, DSD-
2024-416.
D. Choudhry was in attendance in support of the staff recommendation.
Moved by B. Santos
Seconded by S. Hannah
That the application of DAVIES HOLDINGS INC and ESTATE OF GAIL IRENE
SHEPPARD and JOHN AVERY SHEPPARD for minor variances to permit an
easterly side yard setback for a parking lot of 0.2m rather than the required 1.5m;
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to permit parking spaces to be located 1.5m from the street line along Bruce
Street, rather than the required 4.5m; to permit the minimum required parking
spaces for a Multiple Residential Dwelling to be 1 (0.25 parking spaces per
dwelling unit) rather than the required 4 parking spaces (0.9 parking spaces per
dwelling unit); to permit a right (interior) side yard setback of 1.2m rather than the
required 4m; and, to permit the minimum ground floor building height, for any
building with a street line façade, of 3.6m rather than the required 4.5m, to
facilitate the development of a 3-storey mixed use building having 4 dwelling
units and a health clinic in accordance with Site Plan Application SP24/033/F/BB,
on Lot 31, Plan 357, 570 Frederick 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
considered and taken int-making
process with respect to the subject application. For more information, please
www.kitchener.ca.
Carried
5.2 B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420
Submission No.: B 2024-017 & B 2024-018
Applicant: 1289193 Ontario Inc /co David Perrott
Property Location: 135 Gateway Park Drive
Legal Description: Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744
Appearances:
In Support:
E. Elliott
Contra:
4
None
Written Submissions:
None
B. McColl declared a pecuniary interest with respect to consent application B
2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420 on the
agenda this date due to owning property in close proximity to the subject
property. Accordingly, B. McColl did not participate in any discussion or vote
regarding this matter.
B. McColl left the meeting at this time.
The Committee was advised the applicant requested permission to sever a
parcel of land at the corner of King Street East and Gateway Park Drive having a
width of 180m on King Street and an area of 2.01 hectares. The retained land at
the corner of King Street East, Tu-Lane Street and Gateway Park Drive having a
width of 57.6m on King Street East and an area of 1.82 hectares. Permission is
also being requested to grant an access easement on the newly proposed lot
line, and further to access points on Tu-Lane Street and Gateway Park Drive
having a width of 7.3m and an area of 1,266 sq.m. The severance will allow both
parcels to be dealt with separately for the purpose of financing. No changes are
proposed to the buildings or parking areas.
The Committee considered Development Services Department report DSD-2024-
420, dated September 6, 2024, recommending approval subject to conditions as
outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 6, 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 August 2, 2024, advising they have no
concerns with the subject application.
E. Elliott, MHBC Planning was in attendance requesting a deferral to allow an
opportunity to engage Enova Power regarding their requirements related to the
proposed lot severance.
The Committee discussed deferral of the subject application to the December 10,
2024 meeting or earlier, to allow the applicant sufficient time to engage Enova
Power.
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Submission No. B 2024-017
Moved by S. Hannah
Seconded by B. Santos
That the application of 1289193 ONTARIO INC requesting permission to grant an
access easement on a newly proposed lot line, and further to access points on
Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of
1,266 sq.m generally in accordance with the severance sketch, prepared by
MHBC Planning, dated May 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8,
9, 10, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario, BE DEFERRED
until December 10, 2024, or earlier to allow the agent an opportunity
to engage Enova Power regarding their requirements related to the proposed lot
severance.
Carried
Submission No. B 2024-018
Moved by S. Hannah
Seconded by B. Santos
That the application of 1289193 ONTARIO INC requesting permission to sever a
parcel of land at the corner of King Street East and Gateway Park Drive having a
width of 237m, a depth of 140m, and an area of 20,092sq.m., and to create an
access, generally in accordance with the severance sketch, prepared by MHBC
Planning, dated March 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9,
10, Plan 1744, 135 Gateway Park Drive, 135 Gateway Park Drive, Kitchener,
Ontario, BE DEFERRED until December 10, 2024, or earlier to allow the
an opportunity to engage Enova Power regarding their
requirements related to the proposed lot severance.
Carried
6. NEW BUSINESS
6.1 A 2024-068 - 22 Woodfern Court, DSD-2024-414
Submission No.: A 2024-068
Applicant: 22 Woodfern Crt. Inc.
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Property Location: 22 Woodfern Court
Legal Description: Lot 25, Plan 1270
Appearances:
In Support:
R. Mounsey
Contra:
None
Written Submissions:
M. Ashton
B. McColl re-entered the meeting at this time.
The Committee was advised the applicant requested permission to permit 20
parking spaces rather than the required 34 parking spaces and 3 visitor parking
spaces rather than the required 6 visitor parking spaces to facilitate the
conversion of the existing 17-unit multi-residential building into a 34-unit multi-
unit residential dwelling in accordance with Site Plan Application
SP24/052/W/ES.
The Committee considered Development Services Department report DSD-2024-
414, dated September 4, 2024, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 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 August 30, 2024, advising they have no
concerns with the subject application.
R. Mounsey, Urban Insights Inc. was in attendance in support of the staff
recommendation.
Moved by S. Hannah
Seconded by B. McColl
That the application of 22 WOODFERN CRT INC requesting minor variances to
permit 20 parking spaces rather than the required 34 parking spaces and 3 visitor
parking spaces rather than the required 6 visitor parking spaces to facilitate the
conversion of the existing 17-unit multi-residential building into a 34-unit multi-
7
unit residential dwelling in accordance with Site Plan Application
SP24/052/W/ES, on Lot 25, Plan 1270, 22 Woodfern Court, 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
6.2 A 2024-069 - 68 West Acres Crescent, DSD-2024-393
Submission No.: A 2024-069
Applicant: Pietro Donato & Dominic Donato
Property Location: 68 West Acres Crescent
Legal Description: Part Lot 8, Plan 864; being Part 7 on Registered Plan 58R-
5876
Appearances:
In Support:
M. Caravelho
P. Donato
D. Donato
Contra:
S. Harding
Written Submissions:
8
None
The Committee was advised the applicant requested permission to permit a front
yard setback of 9m rather than the required 11.8m to facilitate the construction of
a single detached dwelling on the subject property.
The Committee considered Development Services Department report DSD-2024-
393, dated August 30, 2024, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 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 August 30, 2024, advising they have no
concerns with the subject application.
M. Caravelho, D. Donato and P. Donato were in attendance in support of the staff
recommendation.
S. Harding was in attendance in opposition noting concerns regarding drainage
unto her property. In response to questions from the Committee, T. Malone-
Wright noted appropriate grading and draining is managed through the building
permit process thus any adverse impacts on neighbouring properties will be
mitigated.
Moved by S Hannah
Seconded by B. McColl
That the application of GUILA MARIA DONATO and PIETRO DONATO
requesting a minor variance to permit a front yard setback of 9m rather than the
required 11.8m to facilitate the construction of a single detached dwelling on the
subject property, generally in accordance with drawings prepared by J.D. Barnes
Limited, dated August 9, 2024, on Part Lot 8, Plan 864; being Part 7 on
Reference Plan 58R-5876, 68 West Acres 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.
9
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
6.3 A 2024-070 - 47 Hugo Crescent, DSD-2024-390
Submission No.: A 2024-070
Applicant: 100028814 c/o Danny Robert Bray, Benjamin John Bray, Jordan Taylor
Property Location: 47 Hugo Crescent
Legal Description: Lots 9 & 10, Plan 1119
Appearances:
In Support:
V. Suen
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to permit 13
parking spaces (1.08 parking spaces per dwelling unit) rather than the required
14 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the
development of an additional dwelling unit within the existing 11-unit multiple
dwelling for a total of 12 dwelling units in accordance with Site Plan Application
SP24/046/H/TS.
The Committee considered Development Services Department report DSD-2024-
390, dated September 4, 2024, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 2024, advising they have no concerns with the subject
application.
10
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated August 30, 2024, advising they have no
concerns with the subject application.
V. Suen, Build X Design was in attendance in support of the staff
recommendation.
Moved by B. Santos
Seconded by B. McColl
That the application of 1000328814 ONTARIO INC requesting a minor variance
to permit 13 parking spaces (1.08 parking spaces per dwelling unit) rather than
the required 14 parking spaces (1.15 parking spaces per dwelling unit) to
facilitate the development of an additional dwelling unit within the existing 11-unit
multiple dwelling for a total of 12 dwelling units in accordance with Site Plan
Application SP24/046/H/TS, on Lots 9 & 10, Plan 1119, 47 Hugo 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.
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 a-making
process with respect to the subject application. For more information, please
www.kitchener.ca.
Carried
6.4 A 2024-071 - 509 Wilson Avenue, DSD-2024-398
Submission No.: A 2024-071
Applicant: 509 Wilson Ltd.
Property Location: 509 Wilson Avenue
Legal Description: Part Lot 7, Plan 1525; being Parts 4, 7, 16 to 19 on Registered
Plan 58R-4670
11
Appearances:
In Support:
S. Malhotra
S. Chhabra
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to permit a
'Personal Services' use in Unit 6 of the existing building whereas the property is
zoned 'Campus Commercial Zone (C-8)' in Zoning By-law 85-1 which permits a
'Personal Services' however, Special use Provision 112U does not. The subject
property is designated 'Commercial' in a 'Major Transit Station Area' in the 2014
Official Plan which permits the 'Personal Services' use.
The Committee considered Development Services Department report DSD-2024-
398, dated September 4, 2024, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 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 August 30, 2024, advising they have no
concerns with the subject application.
S. Malhotra and S. Chhabra, Oceania Esthetics Studio Inc. were in attendance in
support of the staff recommendation.
Moved by S. Hannah
Seconded by B. McColl
That the application of 509 WILSON LTD requesting a minor variance from
Special Use Provision 112U of Zoning By-law 85-1 to permit a 'Personal
Services' use in Unit 6 of the existing building generally in accordance with
drawings prepared by the applicant, attached to Minor Variance Application
A2024-071, on Part Lot 7, Plan 1525; being Parts 4, 7, 16 to 19 on Reference
Plan 58R-4670, 509 Wilson Avenue, Kitchener, Ontario, BE APPROVED.
12
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 minutes, which are
www.kitchener.ca.
Carried
6.5 A 2024-072 - 565 Topper Woods Crescent, DSD-2024-388
Submission No.: A 2024-072
Applicant: Emmanuel & Effriel Dela Paz
Property Location: 565 Topper Woods Crescent
Legal Description: Lot 92, Plan 58M-384
Appearances:
In Support:
E. & E. Dela Paz
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to permit a
Dwelling Unit (Attached) whereas this Home Occupation is only permitted in a
Single Detached Dwelling.
The Committee considered Development Services Department report DSD-2024-
388, dated September 4, 2024, recommending approval as outlined in the report.
13
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 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 August 30, 2024, advising they have no
concerns with the subject application.
E. and E. Dela Paz were in attendance in support of the staff recommendation.
Moved by B. McColl
Seconded by S. Hannah
That the application of EFFRIEL SANTIAGO DELA PAZ and EJAZ ALI KHAN
RANA and EMMANUEL CRUZ DELA PAZ and SAIMA RAANA requesting a
dwelling with an Additional Dwelling Unit (Attached) whereas this Home
Occupation is only permitted in a Single Detached Dwelling, generally in
accordance with drawings prepared by Effriel Dela Paz attached to Minor
Variance Application A2024-072, on Lot 92, Plan 58M-384, 565 Topper Woods
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.
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
14
6.6 A 2024-073 - 109 Edgehill Drive, DSD-2024-389
Submission No.: A 2024-073
Applicant: Todd & Magda Cober
Property Location: 109 Edgehill Drive
Legal Description: Part Lot 24, Plan 698
Appearances:
In Support:
T. Cober
D. O Malley
Contra:
None
Written Submissions:
None
B. McColl declared a pecuniary interest with respect to minor variance
application A 2024-073 - 109 Edgehill Drive, DSD-2024-389, on the agenda this
date due to owning property in close proximity to the subject property.
Accordingly, B. McColl did not participate in any discussion or vote regarding this
matter.
B. McColl left the meeting at this time.
The Committee was advised the applicant requested permission to permit an
accessory structure to have a building height of 6.73m rather than the permitted
5.5m to facilitate the construction of a pool house in the rear yard of an existing
single detached dwelling.
The Committee considered Development Services Department report DSD-2024-
389, dated August 30, 2024, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 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 August 30, 2024, advising they have no
concerns with the subject application.
15
T. Malone Wright advised the Committee of revisions to the subject minor
variance application noting Staff recommend the accessory structure have a
building height of 6.8m rather than the requested 6.73m to allow the applicant
flexibility in the construction of the proposed pool house. Further, it was noted
application indicates the maximum permitted height for the accessory structure is
5.5m however the maximum permitted height is 3.3m.
T. Cober was in attendance in support of the staff recommendation.
Moved by S. Hannah
Seconded by B. Santos
That the application of MAGDALENA ANNA COBER and TODD WARREN
COBER requesting a minor variance to permit an accessory structure to have a
building height of 6.8m rather than the permitted 3m to facilitate the construction
of a pool house in the rear yard of an existing single detached dwelling, generally
in accordance with drawings prepared by M. Tomlinson Residential Drafting,
dated August 1, 2024, on Part Lot 24, Plan 698, 109 Edgehill Drive, 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
review the meeting minutes, which are available on the C
www.kitchener.ca.
Carried
6.7 A 2024-074 - 177 Esson Street, DSD-2024-386
Submission No.: A 2024-074
Applicant: Cameron Ross
16
Property Location: 177 Esson Street
Legal Description: Lot 64, Plan 203
Appearances:
In Support:
C. Ross
Contra:
None
Written Submissions:
None
B. McColl re-entered the meeting at this time.
The Committee was advised the applicant requested permission to permit an
unenclosed front porch to be located 2m from the front lot line rather than the
required 3m; the porch steps to be located 1m from the front lot line rather than
the required 3m; and, to permit part of the porch having a height of 0.98m to be
located within the Driveway Visibility Triangle (DVT) rather than maximum
permitted height of 0.9m within the DVT in order to replace an existing front
porch.
The Committee considered Development Services Department report DSD-2024-
386, dated August 29, 2024, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 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 August 30, 2024, advising they have no
concerns with the subject application.
C. Ross was in attendance in support of the staff recommendation.
Moved by S. Hannah
Seconded by B. Santos
That the application of CAMERON DONOVAN ROSS and VICKI SUSAN
KUULA-ROSS requesting minor variances to permit an unenclosed front porch to
be located 2m from the front lot line rather than the required 3m; the porch steps
to be located 1m from the front lot line rather than the required 3m; and, to permit
17
part of the porch having a height of 0.98m to be located within the Driveway
Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the
DVT in order to replace an existing front porch, generally in accordance with the
drawings prepared by the owner and the drawings submitted to the building
permit prepared by Nathan Siemon, dated July 9, 2024, on Lot 64, Plan 203, 177
Esson 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
6.8 A 2024-075 - 96 Wood Street, DSD-2024-422
Submission No.: A 2024-075
Applicant: Nadajda Vladco & Natalia Podolean
Property Location: 96 Wood Street
Legal Description: Lot 28, Plan 287
Appearances:
In Support:
J. Dantzy
N. Podolean
R. Masri
N. Ryan
Contra:
18
M. Grieco
Written Submissions:
I. Cote
M. Grieco
T. Pilcher
Jennifer
A. Wong
E. Beyers
L. & W. Hickman
M. Rudy-Froese
P. Koop
J. Fowler
A. Gordon
William
K. Snyder
O. Koop
Sarah
J. & A. Weber Steckly
M. Reynolds
N. Majury
K. Phillips
C. Puddy
A. Marshall
L. McDonald
A. Harding
The Committee was advised the applicant requested permission to permit a
visibility obstruction (a fence) having a height of 1.83m within one side of the
Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m
19
within the DVT; a lot area of 393 sq.m. rather than the required 450 sq.m; a front
yard setback of 3.8m rather than the required 4.5m; an exterior side yard setback
abutting York Street of 2.5m rather than the required 4m; a building height of 12m
rather than the maximum permitted 11m to facilitate the redevelopment of the
property into an 8-unit multi-residential dwelling.
The Committee considered Development Services Department report DSD-2024-
422, dated September 9, 2024, recommending a deferral until December 10,
2024, or earlier as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 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 August 30, 2024, advising they have no
concerns with the subject application.
R. Masri and N. Ryan, Masri O Inc. were in attendance in opposition to the staff
recommendation for deferral and noted variances to the Driveway Visibility
Triangle can be addressed in an alternative manner such as removal of the
subject fence. Further, R. Masri noted the applicant noted is willing to reduce the
proposed building height if required.
The Committee discussed deferral of the subject application to the December 10,
2024 meeting or earlier, noting further information as outlined in Development
Services Department report DSD-2024-420 is required from the applicant in
order for the Committee to make a comprehensive decision on the application.
D. Pateman noted he would not be voting in favour of the deferral as he believes
the application meets the four tests of the Planning Act.
The following motion was then voted on with B. McColl, B. Santos and S.
Hannah voting in favour; and, D. Pateman voting in opposition.
Moved by B. McColl
Seconded by S. Hannah
That the application of NADEJDA VLADCO and NATALIA PODOLEAN
requesting a minor variance to permit a visibility obstruction (a fence) having a
height of 1.83m within one side of the Driveway Visibility Triangle (DVT) rather
than maximum permitted height of 0.9m within the DVT; a lot area of 393 sq.m.
rather than the required 450 sq.m; a front yard setback of 3.8m rather than the
required 4.5m; an exterior side yard setback abutting York Street of 2.5m rather
20
than the required 4m; a building height of 12m rather than the maximum
permitted 11m to facilitate the redevelopment of the property into an 8-unit multi-
residential dwelling, generally in accordance with drawings prepared by Masri O
Inc. Architects, dated October 18, 2023, revised August 2, 2024, on Lot 28, Plan
287, 96 Wood Street, Kitchener, Ontario, BE DEFERRED until December 10,
2024, or earlier, to allow the applicant an opportunity to prepare, submit and
obtain approval of a Tree Protection and Enhancement Plan and Planning
Justification as outlined in Development Services Department report DSD-2024-
420.
Carried
6.9 A 2024-076 - 332 Charles Street East, DSD-2024-399
Submission No.: A 2024-076
Applicant: 332 Charles GP Inc. c/o VIVE Development
Property Location: 332 Charles Street East
Legal Description: Lot 208, Lot 209, Part Lot 207, Part Lot 210, Plan 303
Appearances:
In Support:
P. Chauvin
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested minor variances to Zoning
By-law 85-1 to permit a ground floor building height along Charles Street of 4.2m
rather than the required 4.5m; a minimum westerly side yard setback abutting a
street (Betzner Avenue South) of 6.9m for 6 storeys or greater rather than the
permitted 6.9m for 5 storeys or greater; a maximum westerly side yard setback
abutting a street (Betzner Avenue South) of 7.1m for 6 storeys or greater rather
than the permitted 7.1m for 5 storeys or greater; a minimum easterly side yard
setback of 6.8m for 6 to 14 storeys rather than the permitted 4.9m for 5 to 14
storeys; a maximum easterly side yard setback of 7m for 6 to 14 storeys rather
than the permitted 5.1m for 5 to 14 storeys; a minimum easterly side yard
setback of 6.8m for 15 storeys or greater rather than the permitted 6.9m for 15
storeys or greater; a rear yard setback of 9.7m for 6 storeys or greater rather
21
than the permitted 9.1m for 5 storeys or greater; a front yard setback of 3.2m for
15 storeys or greater rather than the permitted 1.9m for 15 storeys or greater; an
easterly side yard setback of 0.7m for the 5th to 6th storey stairwell rather than
the required 4.9m; and, a rear yard setback of 3.1m for the 5th to 6th storey
stairwell rather than the required to 8.9m to facilitate the construction of a 27-
storey building having 285 dwelling units in accordance with Conditionally
Approved Site Plan Application SP24/017/C/CD.
The Committee considered Development Services Department report DSD-2024-
399, dated September 4, 2024, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 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 August 30, 2024, advising they have no
concerns with the subject application.
P. Chauvin, MHBC Planning was in attendance in support of the staff
recommendation.
Moved by B. McColl
Seconded by S. Hannah
That the application of 332 CHARLES GP INC requesting minor variances to
Zoning By-law 85-1 to permit a ground floor building height along Charles Street
of 4.2m rather than the required 4.5m; a minimum westerly side yard setback
abutting a street (Betzner Avenue South) of 6.9m for 6 storeys or greater rather
than the permitted 6.9m for 5 storeys or greater; a maximum westerly side yard
setback abutting a street (Betzner Avenue South) of 7.1m for 6 storeys or greater
rather than the permitted 7.1m for 5 storeys or greater; a minimum easterly side
yard setback of 6.8m for 6 to 14 storeys rather than the permitted 4.9m for 5 to
14 storeys; a maximum easterly side yard setback of 7m for 6 to 14 storeys
rather than the permitted 5.1m for 5 to 14 storeys; a minimum easterly side yard
setback of 6.8m for 15 storeys or greater rather than the permitted 6.9m for 15
storeys or greater; a rear yard setback of 9.7m for 6 storeys or greater rather
than the permitted 9.1m for 5 storeys or greater; a front yard setback of 3.2m for
15 storeys or greater rather than the permitted 1.9m for 15 storeys or greater; an
easterly side yard setback of 0.7m for the 5th to 6th storey stairwell rather than
the required 4.9m; and, a rear yard setback of 3.1m for the 5th to 6th storey
stairwell rather than the required to 8.9m to facilitate the construction of a 27-
storey building having 285 dwelling units in accordance with Conditionally
22
Approved Site Plan Application SP24/017/C/CD, on Lots 208 and 209, Part Lots
207 and 210, Plan 303, 332 Charles Street East, 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
review the meeting minutes, whic
www.kitchener.ca.
Carried
6.10 B 2024-023 - Ridgemount Street (Block 101, Registered Plan 58M-616),
DSD-2024-403
Submission No.: B 2024-023
Applicant: Activa Holdings Inc. c/o Peter Armbruster
Property Location: Ridgemount Street (Block 101, Registered Plan 58M-616)
Legal Description: Block 101, Plan 58M-616
Appearances:
In Support:
M. Witmer
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to sever a
parcel of land having a width of 13.3m on Ridgemount Street, a depth of 46.1m
23
and an area of 533 sq.m. to convey as a lot addition to the adjacent property
municipally addressed as 448 New Dundee Road. The retained lands will have a
width of 11.6m on Ridgemount Street, a depth of 38.9m and an area of 511 sq.m.
Both parcels of land are proposed for residential use.
The Committee considered Development Services Department report DSD-2024-
403, dated September 4, 2024, recommending approval subject to conditions as
outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated September 4, 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 August 30, 2024, advising they have no
concerns with the subject application.
M. Witmer, GSP Group Inc. was in attendance in support of the staff
recommendation.
Moved by S. Hannah
Seconded by B. McColl
That the application of ACTIVA HOLDINGS INC requesting permission to sever a
parcel of land having a width of 13.3m on Ridgemount Street, a depth of 46.1m
and an area of 533.1 sq.m. to convey as a lot addition to the adjacent property
municipally addressed as 448 New Dundee Road, as generally shown on the
Consent Sketch, prepared by GSP Group, dated June 27, 2023, on Block 101,
Plan 58M-616, Ridgemount Street (Vacant Lot), 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.
2. That the property owner shall obtain a tax certificate from the City of
Kitchener to verify that 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
size paper copies of the plan(s). The digital file needs to be submitted
24
according to the City of Kitchener's Digital Submission Standards to the
4. That the lands to be severed be added to the abutting lands and title be
taken into identical ownership as the abutting lands. The deed for
endorsement shall include that any subsequent conveyance of the parcel
to be severed shall comply with Sections 50(3) and/or (5) of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
5.
to register an Application Consolidation Parcels immediately following the
registration of the Severance Deed and prior to any new applicable
mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time
following registration.
Alternatively, if in the opinion of the City Solicitor, an Application
Consolidation Parcels cannot be registered on title, the property owner
shall take alternative measures and provide such alternative documents to
ensure that the severed parcel and receiving parcel are not separately
encumbered, conveyed, or otherwise transferred from one another and
shall remain in common ownership, at the discretion of and to the
satisfaction of the City Solicitor.
6. That the property owner shall provide a servicing plan showing outlets to
the municipal servicing system to the satisfaction of the Director of
Engineering Services.
7. That the property owner shall submit a Development Asset Drawing
(digital AutoCAD) for the site (servicing, SWM etc.) with corresponding
of Engineering Services, prior to deed endorsement.
8. That the property owner shall make financial arrangements for the
installation of any new service connections to the severed and/or retained
lands to the satisfaction of the City's Director of Engineering Services.
9. That property owner shall ensure any new driveways are to be built to City
buildin
10. That the property owner shall provide confirmation that the basement
elevation can be drained by gravity to the street sewers to the satisfaction
rvices. If this is not the case, then
25
the owner will need 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
11. 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.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were
-making
process with respect to the subject application. For more information, please
review the m
www.kitchener.ca.
Carried
6.11 B 2024-024 & A 2024-077 - 525 Highland Road West, DSD-2024-401
Submission No.: B 2024-024 & A 2024-077
Applicant: Highland Park Shopping Centre Ltd
Property Location: 525 Highland Road West
Legal Description: Part Lot 21, Plan 1004; being Parts 1 to 4 on Registered Plan
RP 58R-5638
Appearances:
In Support:
M. Witmer
E. Cheng
Contra:
None
Written Submissions:
26
E. Wheatcroft
The Committee was advised the applicant requested permission to sever an
irregular-shaped parcel of land having a width of 5.7m, a depth of 58.2m and an
area of 276 sq.m. to convey as a lot addition to the adjacent property municipally
addressed as 563 Highland Road West. The retained lands will have a width of
96m, a depth of 112.78m and an area of 10,615 sq.m. A minor variance is also
requested to permit an easterly side yard setback of 2.5m rather than the
required 3m to facilitate the newly proposed lot line arising from the severance.
The Committee considered Development Services Department report DSD-2024-
401, dated September 4, 2024, recommending approval subject to conditions as
outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 2024, and September 4, 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 August 30, 2024, advising they have no
concerns with the subject application.
M. Witmer, GSP Group Inc. was in attendance in support of the staff
recommendation. In regard to a written submission outlining concerns with
changes to the lot line boundary, M. Witmer noted the purpose of the lot line
change is for financing and administrative purposes and there will be no physical
modifications to the subject lot.
D. Pateman noted he would not be voting in favour of approval of the application
due to concerns that the severance will create an orphan lot.
The following motion was then voted on with B. McColl, B. Santos and S.
Hannah voting in favour; and, D. Pateman voting in opposition.
Submission No. B 2024-024
Moved by B. Santos
Seconded by B. McColl
That the application of HIGHLAND PARK SHOPPING CENTRE LTD requesting
permission to sever an irregular-shaped parcel of land having a width of 5.75m, a
depth of 58.21m and an area of 276 sq.m. to convey as a lot addition to the
adjacent property municipally addressed as 563 Highland Road West on Part Lot
21, Plan 1004; being Parts 1 to 4 on Reference Plan 58R-5638, 525 Highland
27
Road West, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That Minor Variance Application A 2024-077 receive final approval.
2.
and associated fees for the Certificate of Official to the satisfaction of the
Secretary-Treasurer and City Solicitor, if required.
3. That the property owner shall obtain a tax certificate from the City of
Kitchener to verify that there are no outstanding taxes on the subject
property.
4. 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
size 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
gist.
5. That the lands to be severed be added to the abutting lands and title be
taken into identical ownership as the abutting lands. The deed for
endorsement shall include that any subsequent conveyance of the parcel
to be severed shall comply with Sections 50(3) and/or (5) of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
6.
to register an Application Consolidation Parcels immediately following the
registration of the Severance Deed and prior to any new applicable
mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time
following registration.
Alternatively, if in the opinion of the City Solicitor, an Application
Consolidation Parcels cannot be registered on title, the property owner
shall take such alternative measures and provide such alternative
documents to ensure that the severed parcel and receiving parcel are not
separately encumbered, conveyed, or otherwise transferred from one
another and shall remain in common ownership, at the discretion of and to
the satisfaction of the City Solicitor.
7. That the property owner shall:
a) Complete a Building Code Assessment for the existing building
proposed on the Retained parcel of land, prepared by a qualified
28
person, to confirm that the proposed property line and any of the
building adjacent to this new property line complies with the Ontario
The assessment shall address items such as, but not limited to, spatial
recommendations such as closing in of openings pending spatial
separation calculation results.
b) Obtain a Building Permit for any remedial work/ upgrades required by
the Building Code Assessment.
8. That the property owner shall submit a Notice of Source Water Protection
Plan Compliance, to the satisfaction of the Region of Waterloo.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly
development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the
severed lands and the retained lands.
3. The use of the land in the application conforms to the City of Kitchener
Municipal Plan and the Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were
considered and taken -making
process with respect to the subject application. For more information, please
www.kitchener.ca.
Carried
Submission No. A 2024-077
Moved by B. Santos
Seconded by B. McColl
That the application of HIGHLAND PARK SHOPPING CENTRE LTD requesting
a minor variance to permit an easterly side yard setback of 2.5m rather than the
required 3m to facilitate the newly proposed lot line arising from the severance
(Consent Application B 2024-024), generally in accordance with drawings
prepared by Van Harten Land Surveyors, dated July 29, 2024, on Part Lot 21,
29
Plan 1004; being Parts 1 to 4 on Reference Plan 58R-5638, 525 Highland Road
West, 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
6.12 B 2024-025, A 2024-078 & A 2024-079 - 15 Dellroy Avenue & 1055 Weber
Street East, DSD-2024-410
Submission No.: B 2024-025, A 2024-078 & A 2024-079
Applicant: 2296342 Ontario Inc c/o Bob Savic
Property Location: 15 Dellroy Avenue & 1055 Weber Street East
Legal Description: Plan 307, Lot 104 to Lot 109, Part Lot 130 to Part Lot 135,
Part Lot 160 closed sts and lns subj to row
Appearances:
In Support:
S. Patterson
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested permission to sever a
parcel of land having a width of 19.2m on Dellroy Avenue, a depth of 73.1m and
an area of 41,35.2 sq.m and will contain a proposed 18-storey multi-residential
30
building having 238 dwelling units. The retained land will have a width of 47.3m
on Dellroy Avenue, a depth of 44.3m and an area of 1,364.6 sq.m. and will
contain an existing 6-storey building having 46 dwelling units on the property
municipally addressed as 15 Dellroy Avenue. Minor variances are also being
requested for the retained land to have a northerly side yard setback of 1m rather
than the required 4.5m and a rear yard setback of 1.0m rather than the required
7.5m. Minor variances are also being requested for the severed land to have a lot
width of 19.2m rather than the required 30m; a rear yard setback of 6m rather
than the required 7.5m, and, a Floor Space Ratio (FSR) of 4.2 rather than the
maximum permitted FSR of 4.0.
The Committee considered Development Services Department report DSD-2024-
410, dated September 4, 2024, recommending approval subject to conditions as
outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated August 26, 2024, and September 4, 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 August 26, 2024, advising they have no
concerns with the subject application.
T. Malone-Wright noted the applicant requested condition 3 of the staff
recommendation for B 2024-025 be removed and Staff is in support of the
request.
S. Patterson, Patterson Planning Consultants Inc. was in attendance in support
of the staff recommendation.
B. Santos brought forward the staff recommendation as outlined in Development
Services Department report DSD-2024-110 including an amendment to omit
condition 3 of B 2024-025. The motion including the amendment was then voted
on, and was Carried, as amended.
Submission No. B 2024-025
Moved by B. Santos
Seconded by S. Hannah
That the application of 2296342 ONTARIO INC requesting consent to sever a
parcel of land having a width of 19.2m on Dellroy Avenue, a depth of 73.1m and
an area of 41,351.2 sq.m., on Lots 104-107, Part of Lots 108, 109, 130-135, Plan
307; Lot 160, Streets & Lanes; being Part 1 on Reference Plan 58R-22023, 15
31
Dellroy Avenue, Kitchener, Ontario BE APPROVED, subject to the following
conditions:
1. That Minor Variance Applications A 2024-078 and A 2024-079 receive final
approval.
2. That Site Plan Application SP22/158/D/BB receive final approval.
3.
and associated fees for the Certificate of Official to the satisfaction of the
Secretary-Treasurer and City Solicitor, if required.
4. 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.
5. 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
size 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
6. That the property owner shall provide a servicing plan showing outlets to
the municipal servicing system to the satisfaction of the Director of
Engineering Services.
7. That the property owner shall submit a Development Asset Drawing
(digital AutoCAD) for the site (servicing, SWM etc.) with corresponding
of Engineering Services, prior to deed endorsement.
8. That the property owner shall make financial arrangements for the
installation of any new service connections to the severed and/or retained
lands to the satisfaction of the City's Director of Engineering Services.
9. That the property owner shall ensure any new driveways are to be built to
Services.
10. That the property owner shall provide confirmation that the basement
elevation can be drained by gravity to the street sewers to the satisfaction
the owner will need to pump the sewage via a pump and forcemain to the
32
property line and have a gravity sewer from the property line to the street
11. That the property owner shall pay to the City of Kitchener a cash-in-lieu
contribution for park dedication of $339,253.00.
12. That the property owner shall:
a) Complete a Building Code Assessment for the existing building on the
Retained Parcel of land, prepared by a qualified person, to confirm that
the proposed property line and any of the building adjacent to this new
property line complies with the Ontario Building Code, to the
address items such as, but not limited to, spatial separation of existing
closing in of openings pending spatial separation calculation results.
b) Obtain a Building Permit for any remedial work/ upgrades required by
the Building Code Assessment.
13. That the property owner shall make satisfactory financial arrangements to
the Region of Waterloo for the consent application review fee of $350.00.
14. That the property owner shall submit a Notice of Source Water Protection
Plan Compliance, to the satisfaction of the Region.
15. That the property owner shall submit a Stormwater Management Report
for the site to the satisfaction of the Regional Municipality of Waterloo.
16. That the property owner shall enter into a registered development
agreement with the City of Kitchener, to complete a Record of Site
Condition prior to building occupancy, to the satisfaction of the Regional
Municipality of Waterloo.
17. That the property owner shall enter into a registered development
agreement with the Regional Municipality of Waterloo:
a) to submit a satisfactory Salt Management Plan prior to Site Plan
approval, to the satisfaction of the Regional Municipality of Waterloo;
b) to complete an Environmental Noise Study to assess transportation
and stationary noise prior to final Site Plan Approval, and to enter into
a Registered Development Agreement with the Regional Municipality
of Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional
Municipality of Waterloo; and
33
c) to secure the prohibition of geothermal energy and private wells on site
to the satisfaction of the Regional Municipality of Waterloo.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly
development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the
severed lands and the retained lands.
3. The use of the land in the application conforms to the City of Kitchener
Municipal Plan and the Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were
considered and -making
process with respect to the subject application. For more information, please
www.kitchener.ca.
Carried, as amended
Submission No. A 2024-078
Moved by B. Santos
Seconded by S. Hannah
That the application of 2296342 ONTARIO INC requesting minor variances for
the retained land (Consent Application B2024-025) to have a northerly side yard
setback of 1m rather than the required 4.5m and a rear yard setback of 1.0m
rather than the required 7.5m, generally in accordance with drawings prepared
by Patterson Planning Consultants, on Lots 104-107, Part of Lots 108, 109, 130-
135, Plan 307; Lot 160, Streets & Lanes; being Part 1 of Reference Plan 58R-
22023, 15 Dellroy 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.
34
Pursuant to Section 45 of the Planning Act, all oral and written submissions were
considered and taken into account as part of th-making
process with respect to the subject application. For more information, please
www.kitchener.ca.
Carried
Submission No. A 2024-079
Moved by B. Santos
Seconded by S. Hannah
That the application of 2296342 ONTARIO INC requesting minor variances for
the severed land (Consent Application B2024-025) to have a lot width of 19.2m
rather than the required 30m; a rear yard setback of 6m rather than the required
7.5m, and, a Floor Space Ratio (FSR) of 4.2 rather than the maximum permitted
FSR of 4.0, generally in accordance with drawings prepared by Patterson
Planning Consultants, on Lots 104-107, Part of Lots 108, 109, 130-135, Plan
307; Lot 160, Streets & Lanes; being Part 1 of Reference Plan 58R-22023, 15
Dellroy 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
review the meeti
www.kitchener.ca.
Carried
7. ADJOURNMENT
35
On motion, this meeting adjourned at 11:43 p.m.
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
36