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HomeMy WebLinkAboutCA Minutes - 2025-03-18 Committee of Adjustment Committee Minutes March 18, 2025, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: B. Santos, Chair B. McColl, Member A. Brennan, Member M. Melo, Member M. Gambetti, Member Staff: T. Malone-Wright, Manager, Development Approvals S. Hajgato, Transport Planning Analyst M. Mills, Committee Coordinator C. Owen, Administrative Clerk _____________________________________________________________________ 1. COMMENCEMENT The Committee of Adjustment met this date commencing at 10:04 a.m. 2. MINUTES Moved by M. Gambetti Seconded by B. McColl "That the regular minutes of the Committee of Adjustment meeting held February 18, 2025, as circulated to the members, be accepted." Carried 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 1 5. UNFINISHED BUSINESS 5.1 A 2024-096 - 165 Fairway Road North, DSD-2025-100 Submission No.: A 2024-096 Applicant: 2589751 Ontario Inc c/o Gurbeant Singh Bajwa Property Location: 165 Fairway Road North Legal Description: Lot 30 and Part Lot 31, Plan 959 Appearances: In Support: N. Ryan R. Masri G. Bajwa Contra: D. Kraftchick P. Kraftchick Written Submissions: D. Kraftchick The Committee was advised the applicant requested permission to permit the required parking to be located in the front yard whereas the by-law does not permit parking in the front yard; to permit a parking requirement of 20 parking spaces (0.6 parking spaces per dwelling unit) rather than the required 30 parking spaces (1 parking space per dwelling unit) and 3 visitor parking spaces (0.1 visitor parking spaces per dwelling unit) rather than the required 5 visitor spaces (0.15 visitor parking spaces per dwelling unit); to permit a northerly side yard setback of 0m and a southerly side yard setback of 1.8m rather than the minimum required 3m; to permit a rear yard setback of 0.1m rather than the minimum required 7.5m; to permit a Floor Space Ratio of 0.72 rather than the maximum permitted 0.6; to permit a loading space to be 5m from an abutting residential zone rather than the required 7.5m; and, to not require ground floor level units to have a patio area adjacent to the dwelling unit with direct access to such dwelling unit to facilitate an addition and the redevelopment of the existing building with 30 dwelling units in accordance with Site Plan Application SP24/047/F/AA. 2 The Committee considered Development Services Department report DSD-2025- 100, dated February 26, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 30, 2024 & March 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 4, 2024, and March 3, 2025, advising they have no concerns with the subject application. N. Ryan, Masri O Inc., was in attendance in support of the staff recommendation. D. Kraftchick was in attendance in opposition to the Staff recommendation noting concerns for her family's privacy as there is currently 8ft fence is proposed to be replaced with a 5ft 10in fence; and with the proposed 0m side yard setback and the potential for waste receptacles to be located adjacent to her property. In response to questions from the Committee regarding a potential parking demand increase due to the proposed development, N. Ryan noted a Traffic and Parking Demand Study was conducted and it was determined that 19 parking spaces would be sufficient. Further, bicycle parking is proposed within each unit and there are many public transportation options available nearby. As such, it is not anticipated the parking demand will exceed the number of parking spaces being proposed, that is, 19 parking spaces and 4 visitor parking spaces. In response to questions from the Committee regarding the proposed 6ft fence rather than maintaining the existing 8ft fence, N. Ryan advised, with the residential development being proposed, there will no longer be any commercial use of the property, as such, the 6ft fence is a standard height for abutting residential properties. N. Ryan noted the applicant is amendable to considering a fence of a different height if it is requested. N. Ryan also noted the 0m setback is an existing condition of the building and the requested variances will help to improve the site function and aesthetic of the building, as well as provide housing. B. McColl brought forward a motion to approve the application with an amendment that the property owner revise the Site Plan Application Drawing to indicate a 2.4m (8ft) fence on the property lines rather than 1.8m (6ft). Moved by B. McColl Seconded by M. Gambetti That the application of 2589751 ONTARIO INC requesting minor variances to permit the required parking to be located in the front yard whereas the by-law 3 does not permit parking in the front yard; to permit a parking requirement of 20 parking spaces (0.6 parking spaces per dwelling unit) rather than the required 30 parking spaces (1 parking space per dwelling unit) and 3 visitor parking spaces (0.1 visitor parking spaces per dwelling unit) rather than the required 5 visitor spaces (0.15 visitor parking spaces per dwelling unit); to permit a northerly side yard setback of 0m and a southerly side yard setback of 1.8m rather than the minimum required 3m; to permit a rear yard setback of 0.1m rather than the minimum required 7.5m; to permit a Floor Space Ratio of 0.72 rather than the maximum permitted 0.6; to permit a loading space to be 5m from an abutting residential zone rather than the required 7.5m; and, to not require ground floor level units to have a patio area adjacent to the dwelling unit with direct access to such dwelling unit to facilitate an addition and the redevelopment of the existing building with 30 dwelling units, generally in accordance with Site Plan Application SP24/047/F/AA, on Lot 30, Part Lot 31, Plan 959, 165 Fairway Road North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall revise the Site Plan Application Drawing to indicate a 2.4m fence on the property lines rather than 1.8m, to the satis 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. NEW BUSINESS 4 6.1 A 2025-013 - 160 Grand River Boulevard, DSD-2025-090 Submission No.: A 2025-013 Applicant: Andrei Balulescu Property Location: 160 Grand River Boulevard Legal Description: Part Block F, Plan 1447 Appearances: In Support: B. Cioban s. Prisecaru S. Oprea G. Ursu Contra: None Written Submissions: A. Paroski The Committee was advised the applicant requested permission to permit a building to have a southerly setback of 5.1m from the property line and a westerly setback of 2.3m from the property line rather than the minimum required 7.5m to recognize the location of an existing building proposed to be used for snow/salt and yard maintenance equipment storage in accordance with Conditionally Approved Site Plan Application SP24/039/G/AA. The Committee considered Development Services Department report DSD-2025- 090, dated February 24, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. The Committee considered a written submission from A. Paroski, requested a deferral of the subject application. 5 T. Malone-Wright noted an adjacent property owner provided a written submission requesting the Committee defer consideration of the application. T. Malone-Wright noted the adjacent property owner advised they are not available to the attend the meeting this date to provide further information that clarifies their written submission and matters they wish for the Committee to consider related to the variance. T. Malone-Wright noted Staff are in support of the deferral as it would provide an opportunity for Staff to facilitate discussions between the applicant and adjacent property owner regarding the variance prior to the Committee's consideration. B. Cioban was in attendance advising he would prefer the Committee consider the application this date but would be amenable to a deferral if preferred. Moved by B. McColl Seconded by M. Gambetti That the application of ROMANIAN CHURCH OF GOD OF KITCHENER requesting a minor variance to permit a building to have a southerly setback of 5.1m from the property line and a westerly setback of 2.3m from the property line rather than the minimum required 7.5m to recognize the location of an existing building proposed to be used for snow/salt and yard maintenance equipment storage in accordance with Conditionally Approved Site Plan Application SP24/039/G/AA, on Part Block F, Plan 1447, 160 Grand River Boulevard, Kitchener, Ontario, BE DEFERRED to the April 15, 2025 Committee of Adjustment Meeting, to allow an opportunity for further discussions related to the proposed variance. Carried 6.2 A 2025-014 - 51 Meadowridge Street, DSD-2025-123 Submission No.: A 2025-014 Applicants: Ryan & Marlene Small Property Location: 51 Meadowridge Street Legal Description: Lot 183, Registered Plan 58M-541 Appearances: In Support: J. Crummer 6 Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit a deck greater than 0.6m in height to be setback 2.5m from the rear lot line rather than the minimum required 4m; and, to permit the deck to be located 0.5m from the property line rather than the required 2.5m to facilitate the reconstruction of an existing deck on a townhouse dwelling unit. The Committee considered Development Services Department report DSD-2025- 123, dated March 5, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. J. Crummer, Homeridge Design, was in attendance in support of the staff recommendation. Moved by M. Gambettti Seconded by M. Melo That the application of MARLENE SMALL and RYAN ANDREW SMALL requesting minor variances to permit a deck greater than 0.6m in height to be setback 2.5m from the rear lot line rather than the minimum required 4m; and, to permit the deck to be located 0.5m from the property line rather than the required 2.5m to facilitate the reconstruction of an existing deck on a townhouse dwelling unit, on Lot 183, Registered Plan 58M-541, 51 Meadowridge 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. 7 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 2025-015 - 1180 Union Street, DSD-2025-112, DSD-2025-112 Submission No.: A 2025-015 Applicant: Trevex Developments Inc c/o Dharmanand (Trevor) Anghad Property Location: 1180 Union Street Legal Description: Lot 9, Plan 666; being Part Lot 1 on Reference Plan 58R- 22203 Appearances: In Support: V. Knezevic Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a parking space to be located in the Corner Visibility Triangle (CVT) whereas the Zoning By-law does not permit parking spaces in the CVT; and, to permit a driveway to be located 7.4m from the intersection of street lines rather than the minimum required 9.0m to facilitate the development of a 1.1m unobstructed walkway to a dwelling unit in the existing building. The Committee considered Development Services Department report DSD-2025- 112, dated March 5, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, 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 March 3, 2025, advising they have no concerns with the subject application. V. Knezevic was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of TREVEX DEVELOPMENTS INC requesting minor variances to Zoning By-law 85-1 to permit a parking space to be located in the Corner Visibility Triangle (CVT) whereas the Zoning By-law does not permit parking spaces in the CVT; and, to permit a driveway to be located 7.4m from the intersection of street lines rather than the minimum required 9.0m to facilitate the development of a 1.1m unobstructed walkway to a dwelling unit in the existing building, generally in accordance with the Proposed Site Plan, prepared by Bobicon Ltd., dated January 12, 2025, as modified, and as attached to Development Services Department Report DSD-2025-112, on Lot 9, Plan 666; being Part Lot 1 on Reference Plan 58R-22203, 1180 Union 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 6.4 A 2025-016 - 45-53 Courtland Avenue East, DSD-2025-128 Submission No.: A 2025-016 Applicant: Cantiro Courtland GP on behalf of Cantiro Courtland GP c/o Paul Fereday 9 Property Location: 45-53 Courtland Avenue East Legal Description: Part Lot 221, German Company Tract, Subdivision 17 Appearances: In Support: A. Sinclair C. Silva Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit a Floor Space Ratio (FSR) of 2.8 rather than 2.4; to permit a rear yard setback of 18m rather than the required 19m; and, to permit a maximum building height, excluding rooftop mechanical equipment to be 28m rather than the required 21m to facilitate the development of an 8-storey multiple dwelling having 95 dwelling units in accordance with Site Plan Application SP23/034/C/BB. The Committee considered Development Services Department report DSD-2025- 128, dated March 4, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. A. Sinclair, MHBC Planning was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of CANTIRO COURTLAND GENERAL PARTNER LTD requesting minor variances to Zoning By-law 85-1 to permit a Floor Space Ratio (FSR) of 2.8 rather than 2.4; to permit a rear yard setback of 18m rather than the 10 required 19m; and, to permit a maximum building height, excluding rooftop mechanical equipment to be 28m rather than the required 21m to facilitate the development of an 8-storey multiple dwelling having 95 dwelling units in accordance with Site Plan Application SP23/034/C/BB, revised dated June 6, 2024, on Part Lot 221, German Company Tract Subdivision 17, 45-53 Courtland Avenue 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 www.kitchener.ca. Carried 6.5 A 2025-017 - 1157 & 1175 Weber Street East, DSD-2025-114 Submission No.: A 2025-017 Applicant: 1175 Weber LP c/o Kevin Muir Property Location: 1157 & 1175 Weber Street East Legal Description: Part Lots 3 and 4, Plan 267 Appearances: In Support: K. Muir Contra: None Written Submissions: V. Lapicus & I. Lapicus 11 The Committee was advised the applicant requested minor variances to permit a minimum street line setback for mid-rise and tall buildings to be 1.8m rather than the minimum required 3m; to permit a minimum amount of non-residential gross floor area on the ground floor to be 290sq.m. rather than the required 376sq.m.; to permit a minimum ground floor street line façade width to be 35% percent of the lot width abutting Franklin Street South Street rather than the required 50%; and, to permit a minimum percent street line façade opening of 25% along Weber Street rather than the required 50% to facilitate the development of an 11-storey mixed-use building having 233 dwelling units in accordance with Site Plan Application SP/24/095/W/EW. The Committee considered Development Services Department report DSD-2025- 114, dated March 5, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. K. Muir, Zehr Group, was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of 1175 WEBER GP INC requesting minor variances to permit a minimum street line setback for mid-rise and tall buildings to be 1.8m rather than the minimum required 3m; to permit a minimum amount of non- residential gross floor area on the ground floor to be 210sq.m. rather than the required 376sq.m.; to permit a minimum ground floor street line façade width to be 35% percent of the lot width abutting Franklin Street South Street rather than the required 50%; and, to permit a minimum percent street line façade opening of 25% along Weber Street rather than the required 50% to facilitate the development of an 11-storey mixed-use building having 233 dwelling units in accordance with Site Plan Application SP24/095/W/EW, on Part Lots 3 and 4, Plan 267, 1157 & 1175 Weber Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 12 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.6 A 2025-018 - 60 Wellington Street North, DSD-2025-099 Submission No.: A 2025-018 Applicants: Chris & April Draus Property Location: 60 Wellington Street North Legal Description: Part Lots 43 and 44, Plan 376 Appearances: In Support: C. Draus Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to Zoning By-law 85-1 to permit an accessory structure to be located in the Driveway Visibility Triangle (DVT) whereas the Zoning By-law does not permit any obstructions in the DVT. Minor variances to Zoning By-law 85-1 and 2019-051 are also being requested to permit an accessory structure to have a lot coverage of 17.4% rather than the maximum permitted 15% to facilitate the construction of a new accessory building in the rear yard of the subject property. The Committee considered Development Services Department report DSD-2025- 099, dated March 5, 2025, recommending approval as outlined in the report. 13 The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. C. Draus was in attendance in support of the staff recommendation. Moved by A. Brennan Seconded by M. Gambetti That the application of APRIL DRAUS and CHRISTOPHER DRAUS requesting a minor variance to Zoning By-law 85-1 to permit an accessory structure to be located in the Driveway Visibility Triangle (DVT) whereas the Zoning By-law does not permit any obstructions in the DVT; and, minor variances to Zoning By-law 85-1 and 2019-051 to permit an accessory structure to have a lot coverage of 17.4% rather than the maximum permitted 15% to facilitate the construction of a new accessory building in the rear yard of the subject property, generally in accordance with drawings submitted with Minor Variance Application A 2025-018, on Part Lots 43 and 44, Plan 376, 60 Wellington Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting www.kitchener.ca. Carried 14 6.7 A 2025-019 - 114 Madison Avenue South, DSD-2025-129 Submission No.: A 2025-019 Applicant: Daniel Pop Property Location: 114 Madison Avenue South Legal Description: Part Lot 10, Plan 395 Appearances: In Support: M. Ardelean Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to Zoning By-law 85-1 to permit a visitor parking rate of 10% (1 Visitor parking space) rather than the required visitor parking rate of 20% (2 Visitor parking spaces); and, to permit a side yard setback of 1.5m rather than the minimum required 2.5m; and, a Floor Space Ratio (FSR) of 1.58 rather than the maximum permitted 0.6 to facilitate the development of a multiple residential building having 10 dwelling units. The Committee considered Development Services Department report DSD-2025- 129, dated March 5, 2025, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. M. Ardelean was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti 15 That the application of DANIEL POP and JESSICA POP requesting minor variances to Zoning By-law 85-1 to permit a visitor parking rate of 10% (1 Visitor parking space) rather than the required visitor parking rate of 20% (2 Visitor parking spaces); and, to permit a side yard setback of 1.5m rather than the minimum required 2.5m; and, a Floor Space Ratio (FSR) of 1.58 rather than the maximum permitted 0.6 to facilitate the development of a multiple residential building having 10 dwelling units, generally in accordance with drawings prepared by Marius Ardelean Designer, dated February 18, 2025, on Part Lot 10, Plan 395, 114 Madison Avenue South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall provide confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the property owner shall make an application through the Off-Site works process, to the satisfaction of the Director of Engineering Services. 2. That the property owner shall make an application for a Site Alteration Permit, to the satisfaction of the Director of Engineering Services, prior to an application for a Building Permit being received. 3. That the property owner shall acknowledge that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and that the property owner shall confirm, to the satisfaction of Cutting/ Driveway widening permit is required prior to an application for a Building permit being received. 4. That the property owner shall: a. Prepare a Tree Preservation Plan for the Subject Lands, in accordance where necessary, implemented prior to any grading, servicing, tree removal or the issuance of Demolition and/or Building Permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. 16 b. Further agree to implement the approved plan. No changes to the said Manager, Site Plans. 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 2025-020 - 15 Palace Street, DSD-2025-093 Submission No.: A 2025-020 Applicant: JD (Palace Street) Inc c/o Lara Dekranian Property Location: 15 Palace Street Legal Description: Part Lot 3, Plan 1021, Part Lot 3, Plan 1026, being parts 4 to 7 on Reference Plan 58R-18985 Appearances: In Support: R. Samall K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a Bicycle Parking Stall to have a width of 0.45m rather than the minimum required 17 0.6m; and, to permit a bicycle parking overhead clearance of 1.2m rather than minimum required 2.1m to facilitate the development of a bike storage area within an 8-storey residential building in accordance with Site Plan Application SP21/038/P/CD. The Committee considered Development Services Department report DSD-2025- 093, dated February 27, 2025, recommending approval subject to a condition as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. R. Samall, GSP Group Inc., was in attendance in support of the staff recommendation. In response to questions from the Committee regarding the bicycle storage overhead clearance, R. Samall noted the access aisle to the bicycle storage will be exceeded so there should be sufficient space, further, the vertical clearance for accessing the storage area will be maintained. It was also noted the bicycle storage will be staggered in height to prevent any overlap of bicycles. In response to further questions from the Committee, K. Barisdale advised the proposed bicycle storage system is a design frequently used in the City of Toronto and provides an opportunity for significant bicycle storage in condensed spaces. B. McColl noted he would not be voting support of the approval of the application as the overhead clearance seems too short and does not seem like a functional storage space. Moved by M. Melo Seconded by A. Brennan That the application of JD (PALACE STREET) INC requesting minor variances to permit a Bicycle Parking Stall to have a width of 0.45m rather than the minimum required 0.6m; and, to permit a bicycle parking overhead clearance of 1.2m rather than minimum required 2.1m to facilitate the development of a bike storage area within an 8-storey residential building in accordance with the conditionally approved Site Plan Application SP24/081/P/AA, on Part Lot 3, Plan 18 1021, Part Lot 3, Plan 1026, being parts 4 to 7 on Reference Plan 58R-18985, 15 Palace Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. irector of Transportation Services for the final vendor/design of the bicycle parking racks to confirm their functionality. 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 6.9 A 2025-021 - 2880 King Street East, DSD-2025-115 Submission No.: A 2025-021 Applicant: 1000833452 Ontario Inc c/o Arvinder Pablay Property Location: 2880 King Street East Legal Description: Part Farm Lot, Plan 589, Part Jansen Av Closed, Plan 308; being Parts 11 to 18 on Reference Plan 58R-3902 Appearances: In Support: A. Pablay P. Grewal Contra: None Written Submissions: 19 None The Committee was advised the applicant requested a minor variance to permit a parking requirement of 27 parking spaces rather than the minimum required 35 parking spaces to recognize the parking configuration for the existing commercial retail plaza on the subject property in accordance with Site Plan Application SPB24/097/K/AS. The Committee considered Development Services Department report DSD-2025- 115, dated March 4, 2025, recommending deferral as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. P. Grewal was in attendance in opposition to the staff recommendation noting the proposed commercial use is a coffee shop and take out restaurant thus, will not function as a typical restaurant. As such, it is not anticipated parking will be used to its' capacity. It was further noted the neighbouring restaurant opens at 3pm so there will be less demand for parking prior to 3pm. A motion was brought forward by B. McColl, which was seconded by A. Brennan to defer the subject application to the September 16, 2025 Committee of Adjustment Meeting, or sooner, to allow the Applicant time to complete a Parking Justification Study, to the satisfaction of the Director of Transportation Services. Moved by B. McColl Seconded by A. Brennan That the application of 1000833452 ONTARIO INCORPORATED requesting a minor variance to permit a parking requirement of 27 parking spaces rather than the minimum required 35 parking spaces to recognize the parking configuration for the existing commercial retail plaza on the subject property in accordance with Site Plan Application SPB24/097/K/AS, on Part Farm Lot, Plan 589, Part of Jansen Avenue Closed, Plan 308; being Parts 11 to 18 on Reference Plan 58R- 3902, 2880 King Street East, Kitchener, Ontario, BE DEFERRED to the September 16, 2025 Committee of Adjustment Meeting, or sooner, to allow the Applicant time to complete a Parking Justification Study, to the satisfaction of the Director of Transportation Services. 20 Carried 6.10 A 2025-022 - 25 Haldimand Street, DSD-2025-077 Submission No.: A 2025-022 Applicant: 2506781 Ontario Inc c/o Dan Bolliger Property Location: 25 Haldimand Street Legal Description: Block 1, Registered Plan 58M-725 Appearances: In Support: C. Lewington Contra: None Written Submissions: C. Mehta H. Raithatha R. Gabani S. Toora The Committee was advised the applicant requested minor variances to Zoning By-law 85-1 to permit 52 parking spaces rather than the required 53 parking spaces; to permit 6 Visitor parking spaces rather than the required 8 parking spaces; to permit parking spaces to be located between the façade and front lot line; and, to permit a Floor Space Ratio (FSR) of 0.55 rather than the minimum required 0.6. Minor variances to Zoning By-law 2029-051 are also being requested to permit parking in the front and exterior side yard whereas the Zoning By-law does not permit parking in these yards; to permit 32 Class A Bicycle parking spaces rather than the minimum required 36; to permit 61 parking spaces rather than the minimum required 72; to permit 6 Visitor parking spaces rather than the required 11; to permit 0 Electric Vehicle ready parking spaces rather than the required 17; to permit a multiple dwelling to have a FSR of 1.0 rather than the maximum permitted 0.75; and, to permit a maximum Building Height of 12m rather than the maximum permitted 11.5m to facilitate the development of a multiple residential development having 102 dwelling units in accordance with Site Plan Application SP/24/094/F/EW. 21 The Committee considered Development Services Department report DSD-2025- 077, dated March 5, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. C. Lewington, GSP Group, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of 2506781 ONTARIO INC and SCHLEGEL URBAN DEVELOPMENTS CORP requesting minor variances to Zoning By-law 85-1 to permit 52 parking spaces rather than the required 53 parking spaces; to permit 6 Visitor parking spaces rather than the required 8 parking spaces; to permit parking spaces to be located between the façade and front lot line; and, to permit a Floor Space Ratio (FSR) of 0.55 rather than the minimum required 0.6; and, minor variances to Zoning By-law 2029-051 to permit parking in the front and exterior side yard whereas the Zoning By-law does not permit parking in these yards; to permit 32 Class A Bicycle parking spaces rather than the minimum required 36; to permit 61 parking spaces rather than the minimum required 72; to permit 6 Visitor parking spaces rather than the required 11; to permit 0 Electric Vehicle ready parking spaces rather than the required 17; to permit a multiple dwelling to have a FSR of 1.0 rather than the maximum permitted 0.75; and, to permit a maximum Building Height of 12m rather than the maximum permitted 11.5m to facilitate the development of a multiple residential development having 102 dwelling units in accordance with Site Plan Application SP24/094/F/EW, on Block 1, Registered Plan 58M-725, 25 Haldimand 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. 22 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 6.11 A 2025-023 - 140 Byron Avenue, DSD-2025-113 Submission No.: A 2025-023 Applicant: Mukul Verma Property Location: 140 Byron Avenue Legal Description: Lot 78, Plan 849 Appearances: In Support: M. Verma P. Copil Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit an Additional Dwelling Unit (Detached) to have a building footprint of 94 sq.m. rather than the maximum permitted 80 sq.m. to facilitate the addition of an Additional Dwelling Unit (Detached) to an existing Additional Dwelling Unit (Detached) in the rear yard for a total of 4 dwelling units on the subject property. The Committee considered Development Services Department report DSD-2025- 113, dated March 5, 2025, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. 23 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. P. Copil was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl That the application of BHAVNITA VERMA and MUKUL VERMA requesting a minor variance to permit an Additional Dwelling Unit (Detached) to have a building footprint of 93.8sq.m. rather than the maximum permitted 80sq.m. to facilitate the addition of an Additional Dwelling Unit (Detached) to an existing Additional Dwelling Unit (Detached) in the rear yard for a total of 4 dwelling units on the subject property, generally in accordance with drawings prepared by Arcadia Home Design Ltd., dated January 31, 2025, on Lot 78, Plan 849, 140 Byron Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall provide confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the property owner shall make an Application through the Off-Site Works Process, to the satisfaction of the Director of Engineering Services. 2. That the property owner shall acknowledge that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and that the property owner confirms, to the satisfaction of the Director of Engineering Services, if an application for a Curb Cutting/Driveway Widening Permit is required prior to an application for a Building Permit being received. 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 -making 24 process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.12 A 2025-024 - 507 Stirling Avenue South, DSD-2025-116 Submission No.: A 2025-024 Applicant: Cameron Clements Property Location: 507 Stirling Avenue South Legal Description: Part Lots 25 and 26, Plan 25 Appearances: In Support: J. Irvin J. Smith Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit an accessory structure to have a building height to the underside of the fascia of 4m rather than the maximum permitted 3m having a lot coverage of 18% rather than the maximum permitted 15%; and, to permit a required unobstructed walkway of 1.1m to share a driveway whereas the by-law does not permit this, to facilitate the construction of a new accessory building and Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property. The Committee considered Development Services Department report DSD-2025- 116, dated March 4, 2025, recommending approval subject to conditions for the variances related to the building height and lot coverage, and refusal for the variance related to an unobstructed walkway as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. 25 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. J. Irvin, Apple Home Builders, was in attendance in support of the staff recommendation for approval of the variances related to the building height and lot coverage. J. Irvin advised he is opposed to the staff recommendation for a refusal of the variance related to the unobstructed walkway as there is not sufficient space to build an unobstructed walkway to the proposed ADU without the removal of an existing AC system and gas pipe, which would be financially burdensome. Further, J. Irvin noted, there is sufficient driveway space at the front and rear on the building and can be used as a walkway to access the proposed ADU. The Committee noted although there is sufficient driveway space that can be used as a walkway, there is no mechanism to ensure cars will never occupy the entire driveway space and potential impacts to efficient emergency response. Further it was noted, the Fire Services Department provided comments as outlined in the staff report, advising they are not in support of a combined walkway and driveway. It was requested the variance for the unobstructed walkway be voted on separately. M. Gambetti brought forward a motion to approve the accessory structure to have a building height to the underside of the fascia of 4m rather than the maximum permitted 3m having a lot coverage of 18% rather than the maximum permitted 15%. The motion was seconded by B. McColl, was then voted on, and was Carried. M. Gambetti brought forward a motion to approve the unobstructed walkway of 1.1m to share a driveway which was seconded by M. Melo, was then voted on, and LOST. It was noted as a result of the minor variance request for the unobstructed walkway of 1.1m to share a driveway being voted on and LOST, this minor variance request has been refused Moved by M. Gambetti Seconded by M. Melo That the application of CAMERON CLEMENTS requesting minor variances to permit an accessory structure to have a building height to the underside of the fascia of 4m rather than the maximum permitted 3m having a lot coverage of 18% rather than the maximum permitted 15%, to facilitate the construction of a 26 new accessory building and Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by KS Consulting & Design, dated January 30, 2025, on Part Lots 25 and 26, Plan 25, 507 Stirling Avenue South, Kitchener, Ontario, BE APPROVED subject to the following conditions: 1. That the property owner shall provide confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the property owner shall make an Application through the Off-Site Works Process, to the satisfaction of the Director of Engineering Services. 2. That the property owner shall acknowledge that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and that the property owner shall confirm, to the satisfaction of the Director of Engineering Services, if an application for a Curb Cutting/Driveway Widening Permit is required prior to an application for a Building Permit being received. 3. That the property owner shall: a. Prepare a Tree Preservation Plan for the Subject Lands, in accordance where necessary, implemented prior to any grading, servicing, tree removal or the issuance of Demolition and/or Building Permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and/or compensation measures. b. Further agree to implement the approved plan. No changes to the said Manager, Site Plans. 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. 27 - AND - That the application of CAMERON CLEMENTS requesting a minor variance to permit a required unobstructed walkway of 1.1m to share a driveway whereas the by-law does not permit this, to facilitate the construction of a new accessory building and Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by KS Consulting & Design, dated January 30, 2025, on Part Lots 25 and 26, Plan 25, 507 Stirling Avenue South, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. This variance in the application is not minor. 2. This variance in the application is not desirable for the appropriate development of the property. 3. This variance does not maintain the general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan. 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 6.13 A 2025-025 - 93-95 Kinzie Avenue, DSD-2025-130 Submission No.: A 2025-025 Applicant: 2707068 Ontario Inc c/o Matthew Phipps Property Location: 93-95 Kinzie Avenue Legal Description: Part Lot 105, Part Lot 106, Part Lot 107, being Part 1 on Registered Plan 58R-1130 Appearances: In Support: M. Phipps C. Fernandes Contra: M. Mumcuoglu 28 Written Submissions: None The Committee was advised the applicant requested minor variances to permit 2 parking spaces for a Semi-Detached Dwelling with 2 Additional Dwelling Units (ADU) (Attached) rather than the required 3 parking spaces; to permit a front yard setback of 4.6m rather than the required 7.8m based on the established front yard setbacks of adjacent dwellings; and, to permit a rear yard setback of 3m rather than 7.5m to facilitate the construction of a new Semi-Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached). The Committee considered Development Services Department report DSD-2025- 130, dated March 5, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. C. Fernandes, Chris Fernandes Design Corp., and M. Phipps were in attendance in support of the staff recommendation. M. Mumcouglu was in attendance in opposition to the staff recommendation stating concerns with insufficient parking for the density proposed through the subject application. M. Mumcouglu also outlined safety concerns with the proposed parking configuration noting there is a high volume of traffic along Kinzie where access to the parking lot is proposed. M. Mumcouglu suggested the proposed parking could be situated at the rear of the building. In response, C. Fernandes noted in October 2022, the Committee of Adjustment approved the property's existing build form and it is not intended to be modified through the subject application. C. Fernandes also explained that the proposed parking location and configuration are a result of insufficient space to accommodate the minimum required walkway width at the rear of the building. In response to questions from the Committee, C. Fernandes noted he is amenable to including bicycle storage at the proposed development. Moved by M. Gambetti Seconded by B. McColl 29 That the application of 2707068 ONTARIO INC requesting minor variances to permit 2 parking spaces for a Semi-Detached Dwelling with 2 Additional Dwelling Units (ADU) (Attached) rather than the required 3 parking spaces; to permit a front yard setback of 4.6m rather than the required 7.8m based on the established front yard setbacks of adjacent dwellings; and, to permit a rear yard setback of 3m rather than 7.5m to facilitate the construction of a new Semi- Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached), generally in accordance with drawings prepared by Chris Fernandes Design Corp., dated August 16, 2024, on Part Lots 105, 106, and 107, being Part 1 on Reference Plan 58R-1130, 93-95 Kinzie 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 www.kitchener.ca. Carried 6.14 A 2025-026 - 250 Frederick Street, DSD-2025-126 Submission No.: A 2025-026 Applicant: 250 Frederick Inc c/o Shaya Klein Property Location: 250 Frederick Street Legal Description: Part Lots 1 and 2, Plan 429 Appearances: In Support: R. Mounsey Contra: C. Wilson 30 L. Pietschinski L. Intini L. & M. Sachs B. Zmija Written Submissions: C. Wilson L. Intini R. Mounsey The Committee was advised the applicant requested minor variances to Zoning By-law 85-1 to permit a parking requirement of 117 parking spaces rather than the minimum required 140 parking spaces; and 8 visitor parking spaces rather than the required 28 spaces to facilitate the development of an additional 4 dwelling units to an existing multiple dwelling having 108 units in accordance with Site Plan Application SP24/032/F/SRM. The Committee considered Development Services Department report DSD-2025- 126, dated March 6, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 4, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. The Committee was in receipt of written submissions from C. Wilson, L. Intini and R. Mounsey in regards to the subject application. R. Mounsey, Urban Insights Inc, was in attendance in support of the staff recommendation. B. McColl noted the Committee considered an application in July 2024 requesting the same variances for the same subject property listed on the agenda this date. B. McColl noted the Committee previously refused the minor variance requests, as such, the Committee does not need to consider the application again. B. McColl brought forward a motion to remove the subject application from the agenda this date. 31 T. Malone-Wright advised the Committee the subject application is not a reconsideration of a previous Committee decision but rather a new application that requires a new decision of the Committee. T. Malone-Wright indicated, though the variances are the same as the 2024 application, new information including a parking justification report has been submitted by the applicant for the Committee's consideration. Further, the Planning Act nor any other legislation prevents the Committee from considering an application for the same minor variances if they were previously refused. M. Mills noted Legal Services was available to provide support to the Committee to assist with dispensing with the matter and requested the matter be set aside at this time to have someone in attendance. The Chair agreed to the request noting the Committee would consider the subject application at the end of the meeting. 6.15 B 2025-006 - 142 Carson Drive, DSD-2025-124 Submission No.: B 2025-006 Applicant: A. Kofler Property Location: 142 Carson Drive Legal Description: Lot 19, Plan 865 Appearances: In Support: S. Kofler M. Szever Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever a parcel of land having a width of 18m, a depth of 49m and an area of 859 sq.m. and is proposed for a new detached dwelling. The retained land will have a width of 22m on Carson Drive, a depth of 46m and an area of 1,088sq.m. and will contain an existing detached dwelling. The Committee considered Development Services Department report DSD-2025- 124, dated March 5, 2025, recommending approval subject to conditions as outlined in the report. 32 The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. S. Kofler and M. Szever were in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of ANNE KOFLER requesting permission to sever a parcel of land having a width of 18m, a depth of 46.8m and an area of 859sq.m. on Lot 19, Plan 865, 142 Carson Drive, 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 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 according to the City of Kitchener's Digital Submission Standards to the 4. That the property owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. 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. 33 6. 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. 7. That the property owner shall ensure any new driveways are to be built to Engineering Services. 8. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction the property owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property Services. 9. Approvals, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the which shall include the following: a. That the property owner shall prepare a Tree Preservation Plan for the seve and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b. The property owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the c. The property owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 10. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 34 11. That the property owner shall: a. Complete a Building Code Assessment for the existing dwelling proposed to be retained 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 Official. The assessment shall address items such as, but not limited 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. 12. 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 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. 35 Carried 6.16 B 2025-007, B 2025-008 & A 2025-027 - 11A, 11B & 13 Chicopee Park Court, DSD-2025-125 Submission No.: B 2025-007 Applicant: Trevex Developments c/o Basmattie (Shaline) Anghad Property Location: 13 Chicopee Park Court Legal Description: Part Lots 49 and 50, Plan 959; being Parts 1 and 3 on Reference Plan 58R-20258 Appearances: In Support: R. Mounsey Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever a parcel of land having a width of 1.6m, a depth of 35.6m and an area of 61.8 sq.m. from 13 Chicopee Park Court (Part 3, 58R-20258) to convey as a lot addition to 11B Chicopee Park Court (Part 2, 58R-20258). The retained land, 13 Chicopee Park Court will have a width of 8.0m, a depth of 35.5m and an area of 281sq.m. and is proposed to be developed with a Single Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached).Consent is also requested to sever a parcel of land having a width of 0.8m on Chicopee Park Court, a depth of 35.8m and an area of 31 sq.m. from 11B Chicopee Park Court (Part 2, 58R-20258) to convey as a lot addition to 11A Chicopee Park Court (Part 1, 58R-20258) to facilitate the development of Semi-Detached Dwelling with 3 Additional Dwelling Units (ADU)(Attached). The retained land, 11B Chicopee Park Court, will have a lot width of 10.5m, a lot depth of 35.6m and an area of 313sq.m. and is also proposed to be developed with a Semi-Detached Dwelling with 3 Additional Dwelling Units (ADU)(Attached). Minor variances are also being requested to permit the retained land, 13 Chicopee Park Court to have a lot width of 8m rather than the required 10.5m; to permit 2 parking spaces rather than the required 3 parking spaces; and, to permit a rear yard setback of 7.2m rather than the 36 required 7.5m to facilitate the construction of a Single Detached Dwelling with 2 Additional Dwelling Units (ADU) (Attached) (Triplex). The Committee considered Development Services Department report DSD-2025- 125, dated March 3, 2025, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 3, 2025, and March 4, 2025, advising they have no concerns with the application subject to conditions of approval. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 3, 2025, advising they have no concerns with the subject application. R. Mounsey, Urban Insights Inc, was in attendance in support of the staff recommendation. B. McColl left the meeting at this time and re-entered. Application No. B 2025-007 Moved by B. McColl Seconded by M. Melo That the application of DHARMANAND ANGHAD requesting permission to sever a parcel of land having a width of 1.6m, a depth of 35.6m and an area of 61.8sq.m. from 13 Chicopee Park Court (Part 3 on Reference Plan 58R-20258) to convey as a lot addition to 11B Chicopee Park Court (Part 2 on Reference Plan 58R-20258), on Part Lot 50, Plan 959 in accordance with a plan prepared by Guenther Rueb Surveying revised dated January 20, 2025, 13 Chicopee Park Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That minor variance application A 2025-027 receive final approval. 2. That consent application B 2025-008 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 that there are no outstanding taxes on the subject 37 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 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. 7. 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 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 8. That the property owner shall obtain Demolition Control Approval, in -law, to the satisfaction of the 9. That the property owner shall obtain a Demolition Permit, for the existing detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. 10. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350. 11. That the property owner shall enter into a registered development agreement with the City of Kitchener for both severed and retained lands, to include the following clause noise warning clause in agreements of 38 Offers of Purchase and lease/rental agreements and condominium declarations: ing road traffic on Fairway Road (RR#53) and River Road (RR#56) may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservatio 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 into account -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 Application No. B 2025-008 Moved by B. McColl Seconded by M. Melo That the application of BASMATTIE ANGHAD and DHARMANAND ANGHAD requesting permission to sever a parcel of land having a width of 0.8m on 39 Chicopee Park Court, a depth of 35.8m and an area of 31sq.m. from 11B Chicopee Park Court (Part 2 on Reference Plan 58R-20258) to convey as a lot addition to 11A Chicopee Park Court (Part 1 on Reference Plan 58R-20258) to facilitate the development of Semi-Detached Dwelling with 3 Additional Dwelling Units (ADU)(Attached) on Part Lot 50, Plan 959, 11A & 11B Chicopee Park Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That minor variance application A 2025-027 receive final approval. 2. That consent application B 2025-007 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 that there are no outstanding taxes on the subject property(ies) to the satisfaction of the 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 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. 7. That the prope 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 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 40 shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor 8. That the property owner shall obtain Demolition Control Approval, in -law, to the satisfaction of 9. That the property owner shall obtain a Demolition Permit, for the existing detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. 10. That the property owner shall submit make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350. 11. That the property owner/applicant enter into a registered development agreement with the City of Kitchener for both severed and retained lands, to include the following clause noise warning clause in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations: traffic on Fairway Road (RR#53) and River Road (RR#56) may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the 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 www.kitchener.ca. 41 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 Application No. A 2025-027 Moved by B. McColl Seconded by M. Melo That the application of DHARMANAND ANGHAD requesting minor variances to permit the retained land, 13 Chicopee Park Court (created through Consent Application B 2025-007) to have a lot width of 8m rather than the required 10.5m; to permit 2 parking spaces rather than the required 3 parking spaces; and, to permit a rear yard setback of 7.2m rather than the required 7.5m to facilitate the construction of a Single Detached Dwelling with 2 Additional Dwelling Units (ADU) (Attached) (Triplex), generally in accordance with drawings prepared by Euclid Santos, dated January 20, 2025, on Part Lot 50, Plan 959; being Part 3 on Reference Plan 58R-20258, 13 Chicopee Park 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 review www.kitchener.ca. 42 Carried 6.17 A 2025-026 - 250 Frederick Street, DSD-2025-126 (CONT'D) The Committee further considered Development Services Department report DSD-2025-126. It was noted the matter was considered earlier in the meting but was set aside until later in the meeting to allow an opportunity for Legal counsel to be requested related to concerns raised that the Committee was being presented an application that appeared to be identical to an application previously refused by the Committee. M. Mills requested a motion of the Committee to conduct an in-camera meeting to receive solicitor and client advice under Section 239 (2) (f) with regards to dispensing with minor variance application A 2025-026 - 250 Frederick Street. Moved by B. McColl Seconded by M. Gambetti "That an in-camera meeting of the Committee of Adjustment be held to consider a solicitor and client matter related to Minor Variance Application, A 2025-026 - 250 Frederick Street, DSD-2025-126 listed as item 6.14 on the agenda this date, as authorized by Section 239 (2) (b) of the Municipal Act, 2001." Carried 7. IN-CAMERA MEETING AUTHORIZATION Moved by B. McColl Seconded by M. Gambetti "That an in-camera meeting of the Committee of Adjustment be held to consider a solicitor and client matter related to Minor Variance Application, A 2025-026 - 250 Frederick Street, DSD-2025-126 listed as item 6.14 on the agenda this date, as authorized by Section 239 (2) (b) of the Municipal Act, 2001." 8. RECESS AND RECONVENE The Committee of Adjustment meeting recessed at 12:20 p.m. and reconvened at 12:45 p.m., chaired by B. Santos with all members present. 9. A 2025-026 - 250 Frederick Street, DSD-2025-126 (CONT'D) 43 The Committee further considered Development Services Department report DSD-2025-126. L. Pietschinski was in attendance in opposition to the application noting the same variances were previously considered by the Committee and were refused. Further, it was noted some parking spaces are being occupied by garbage dumpsters or being utilized by individuals who do not reside in the building. C. Wilson and L. Intini were also in attendance in opposition to the application noting the Zoning By-law requirements are currently not being maintained at the subject property, as such, it is likely the applicant will not comply with the proposed site plans, if the subject minor variance application is approved. R. Mounsey, Urban Insights Inc, was in attendance in support of the staff recommendation. B. McColl brought forward a motion for the Committee to defer consideration of the application to the April 15, 2025 Committee of Adjustment meeting to allow an opportunity for additional notice outlining the new information included in the application to be provided to residents of the subject property, and, to allow an opportunity for the applicant to address concerns of the delegations. The motion was seconded by M. Gambetti. R. Mounsey advised the Committee he is not in support of the Committee deferring consideration of the application as the applicant is owed due process following the submission and City's receipt of a planning application. Further, R. Mounsey stated it is likely residents of the subject property were appropriately notified of the minor variance application, given there were 59 signatures on a petition received in opposition to the application. In response to questions from the Committee, T. Malone-Wright advised City of Kitchener Planning Staff erected a sign on the subject property thereby providing additional notice of the minor variance application. In response to questions from the Committee, L. Pietschinski and B. Zmija advised they would prefer the Committee render a decision on the application this date. B. McColl's motion to defer consideration of the application was then voted on, and LOST. B. McColl left the meeting at this time. R. Mounsey advised the Committee, a Justification Study was conducted and it was determined the proposed 4 new dwelling units will not add strain to the existing parking supply. It was further noted, the property owner will not be 44 accepting new tenants that require parking as there is insufficient parking on the property. R. Mounsey noted the variances for the reduction in parking spaces increases density at the subject property which aligns with the intent of the Provincial Planning Statement to increase intensification along transit routes. R. Mounsey also noted the property is located 150m from the Protected Major Transit Station Areas (PMTSA) however if the property was located within the PMTSA, there would be no parking required. Lastly, R. Mounsey noted the application seeks to convert underutilized space into housing. In response to questions from the Committee, R. Mounsey noted the existing 8 visitor parking spaces at the subject property were approved in compliance with the previous Zoning By-Law (85-1). However, once the future Zoning By-Law comes into effect 12 visitor parking spaces will be required. In response to questions from the Committee, T. Malone-Wright noted the future Zoning By-Law requires 124 parking spaces in total whereas the applicant is requesting a variance to provide 117 parking spaces. In response to further questions from the Committee, R. Mounsey noted there is insufficient space on the property to provide additional parking however through the site plan approval process, options to maximize parking and address the loss thereof will be considered. A. Brennan brought forward a motion to approve the application which was seconded by M. Melo, was then voted on, and was Carried. Moved by A. Brennan Seconded by M. Melo That the application of 250 FREDERICK INC requesting minor variances to Zoning By-law 85-1 to permit a parking requirement of 117 parking spaces rather than the minimum required 140 parking spaces; and 8 visitor parking spaces rather than the required 28 spaces to facilitate the development of an additional 4 dwelling units to an existing multiple dwelling having 108 units, for a total of 112 units, generally in accordance with Site Plan Application SP24/032/F/SRM, on Part Lots 1 and 2, Plan 429, 250 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. 45 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the C-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 10. ADJOURNMENT On motion, the meeting adjourned at 1:29 p.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 46