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HomeMy WebLinkAboutCA Minutes - 2025-04-15 Committee of Adjustment Committee Minutes April 15, 2025, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: B. McColl, Vice-Chair A. Brennan, Member M. Melo, Member M. Gambetti, 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 M. Melo Seconded by M. Gambetti "That the regular minutes of the Committee of Adjustment meeting held March 18, 2025, as circulated to the members, be accepted." Carried 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.1 A 2025-028 - 250 Riverbend Drive, DSD-2025-178 1 A. Brennan declared a pecuniary interest with respect to minor variance application A 2025-028 - 250 Riverbend Drive, DSD-2025-178, on the agenda this date due to her employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter. 3.2 A 2025-035 - 53 Rusholme Road, DSD-2025-154 M Gambetti declared a pecuniary interest with respect to minor variance application A 2025-035 - 53 Rusholme Road, DSD-2025-154, on the agenda this date due to an affiliation with the subject property owner. Accordingly, M. Gambetti 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 2025-013 - 160 Grand River Boulevard, DSD-2025-177 Submission No.: A 2025-013 Applicant: Romanian Church of God of Kitchener c/o Andrei Balulescu Property Location: 160 Grand River Boulevard Legal Description: Part Block F, Plan 1447 Appearances: In Support: A. Balulescu Contra: A. Paroski Written Submissions: A. Paroski T. Paroski M. Holdenried T. Emrich 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 2 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- 177, dated April 1, 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 written submissions from various neighhours in regard to the subject application. T. Malone Wright advised the Committee this application was previously deferred to allow an opportunity for further discussions with the applicant and neighbouring property owner regarding the subject application and the proposed variances. T. Malone-Wright advised the Committee that the existing accessory building did not go through the building permit review process as the structure is too small to require a building permit. In regard to written submissions related to garbage collection structures attached to the shed, T. Malone-Wright advised the garbage structures are not subject to the Zoning By-law setback requirements. A. Balulescu was in attendance in support of the staff recommendation. A. Paroski was in attendance in opposition to the staff recommendation stating an opinion that the requested variances do not meet the tests of the Planning Act. A. Paroski also provided comments on behalf of T. Paroski noting the garbage collection structures attached to the shed do not comply with the Building Code and the location of the garbage structures negatively impact their property value. In response to questions from the Committee, D. Seller noted there is sufficient space for garbage trucks to move in a forward and backward motion on Grand River Boulevard thus, there are no concerns about the location of the garbage structures. Moved by M. Gambetti Seconded by M. Melo That the application of ROMANIAN CHURCH OF GOD OF KITCHENER requesting a minor variance to permit an accessory building to have a southerly 3 setback of 5.1m from the property line and a westerly setback of 2.3m from the westerly 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 Site Plan Application SP24/039/G/AA, on Part Block F, Plan 1447, 160 Grand River Boulevard, 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. NEW BUSINESS 6.1 A 2025-028 - 250 Riverbend Drive, DSD-2025-178 Submission No.: A 2025-008 Applicant: The Humane Society of Kitchener Waterloo & Stratford Perth c/o Victoria Baby Property Location: 250 Riverbend Drive Legal Description: Part Lot A & Part Lot C, Plan 4 Appearances: In Support: V. Baby J. Bartolo Contra: None 4 Written Submissions: J. Bartolo A. Brennan declared a pecuniary interest with respect to minor variance application A 2025-028 - 250 Riverbend Drive, DSD-2025-178, on the agenda this date due to her employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter. A. Brennan left the meeting at this time. The Committee was advised the applicant requested a minor variance to permit 52 parking spaces (1 parking space per 57sq.m of gross floor area) rather than the minimum required 90 parking spaces (1 parking space per 33sq.m of gross floor area) to facilitate the development of a new 2-storey building on the existing site of the Humane Society in accordance with Conditionally Approved Site Plan SP/24/066/R/SH. The Committee considered Development Services Department report DSD-2025- 178, dated April 4, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 31, 2025, advising they have no objection to the approval of the subject application. J. Bartolo, DC & F Corp., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of THE HUMANE SOCIETY OF KITCHENER WATERLOO & STRATFORD PERTH requesting a minor variance to permit 52 parking spaces (1 parking space per 57sq.m of gross floor area) rather than the minimum required 90 parking spaces (1 parking space per 33sq.m of gross floor area) to facilitate the development of a new 2-storey building on the existing site of the Humane Society in accordance with Site Plan SP24/066/R/SH, on Part Lot A & Part Lot C, Plan 4, 250 Riverbend Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 5 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 acco-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.2 A 2025-029 - 315 Wellington Street North, DSD-2025-180 Submission No.: A 2025-029 Applicant: Derek Papasergiou Property Location: 315 Wellington Street North Legal Description: Plan 376, Lot 112 Appearances: In Support: D. Papasergiou J. Nigro Contra: None Written Submissions: None A. Brennan re-entered the meeting at this time. The Committee was advised the applicant requested permission to permit an accessory structure to have a lot coverage of 16.2% rather than the maximum permitted 15%; to permit a 1.1m unobstructed walkway to share a driveway whereas the Zoning By-law does not permit this; to permit a driveway/parking in the rear yard to have a width of 9.8m rather than the maximum permitted 8m; to permit a portion of the driveway that overlaps with the walkway to have a distinguishable material whereas the Zoning By-law requires the driveway to be comprised of consistent material; to permit a westerly side yard setback of 1.1m 6 rather than the minimum required 1.2m to facilitate the development of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property. The Committee considered Development Services Department report DSD-2025- 180, dated March 27, 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 27, 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 28, 2025, advising they have no concerns with the subject application. J. Nigro, The Hive Design Co., was in attendance in support of the staff recommendation and clarified that the proposed unobstructed walkway will consist of material distinguishable from the driveway. Moved by M. Gambetti Seconded by A. Brennan That the application of DEREK PAPASERGIOU requesting minor variances to permit an accessory structure to have a lot coverage of 16.2% rather than the maximum permitted 15%; to permit a 1.1m unobstructed walkway to share a driveway whereas the Zoning By-law does not permit this; to permit a driveway/parking in the rear yard to have a width of 9.8m rather than the maximum permitted 8m; to permit a portion of the driveway that overlaps with the walkway to have a distinguishable material whereas the Zoning By-law requires the driveway to be comprised of consistent material; to permit a westerly side yard setback of 1.1m rather than the minimum required 1.2m to facilitate the development of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by The Hive Design Co., dated February 13, 2025, on Lot 112, Plan 376,, 315 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall: 1. Prepare an Arborist Report or Tree Preservation Plan for the Subject Lands to the satisfaction of Environmental Planning, in accordance where necessary, implemented prior to any grading, servicing, tree 7 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. 2. Further agree to implement the approved plan. No changes to the said Manager, Site Plans. 2. That the property owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 3. That the property owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the 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. 8 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 mi www.kitchener.ca. Carried 6.3 A 2025-030 - 63 General Drive, DSD-2025-163 Submission No.: A 2025-030 Applicant: Guilhermino Mota Property Location: 63 General Drive Legal Description: Plan 1733, Lot 59 Appearances: In Support: G. Mota R. Sajkunovic Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit a rear yard setback of 3.3m rather than the minimum required 7.5m to facilitate the construction of a rear yard addition onto the existing detached dwelling. The Committee considered Development Services Department report DSD-2025- 163, dated April 2, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. 9 R. Sajkunovic, JR Design and Consulting, was in attendance in support of the staff recommendation. Moved by A. Brennan Seconded by M. Melo That the application of GUILHERMINO MOTA requesting a minor variance to permit a rear yard setback of 3.3m rather than the minimum required 7.5m to facilitate the construction of a rear yard addition onto the existing detached dwelling, generally in accordance with drawings submitted with Minor Variance Application A 2025-030, on , Lot 59, Plan 1733, 63 General 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 meeti www.kitchener.ca. Carried 6.4 A 2025-031 - 26 Berwick Place, DSD-2025-153 Submission No.: A 2025-031 Applicant: Parth Patel Property Location: 26 Berwick Place Legal Description: Plan 1310, Lot 157 Appearances: In Support: P. Patel N. Mazerolle 10 S. Mazerolle Contra: R. Allandyce Written Submissions: P. Hebner P. Diaram R. Johnston M. van Es L. van Es D. van Es The Committee was advised the applicant requested permission to permit a lot width of 8.2m rather than the minimum required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. The Committee considered Development Services Department report DSD-2025- 153, dated March 28, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. N. Mazerolle, Mazerolle Builders Ltd., was in attendance in support of the staff recommendation. R. Allandyce was in attendance in opposition to the staff recommendation expressing concerns with insufficient parking and negative impacts on privacy as the ADU is proposed to be located immediately adjacent to the property line. In response, N. Mazerolle noted the parking requirement for the ADU on this lot will be fulfilled as depicted in the Site Plan provided with the application. Moved by A. Brennan Seconded by M. Gambetti 11 That the application of PARTH PATEL requesting a minor variance to permit a lot width of 8.2m rather than the minimum required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by J.H. Cohoon Engineering Ltd., dated January 16, 2025, on Lot 157, Plan 1310, 26 Berwick Place, 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 mee www.kitchener.ca. Carried 6.5 A 2025-032 - 217 Vanier Drive, DSD-2025-146 Submission No.: A 2025-032 Applicants: Patel Smitkumar Kanubhai & Patel Swetaben Pankajkumar Property Location: 217 Vanier Drive Legal Description: Plan 807, Lot 13 Appearances: In Support: P. Kanubhai P. Pankajkumar S. Patel Contra: None Written Submissions: 12 None The Committee was advised the applicant requested permission to Zoning By- law 85-1 to permit an Additional Dwelling Unit (ADU)(Detached) to have an area of 85.5sq.m. rather than the maximum permitted 80sq.m. to facilitate the conversion of an existing detached garage into a Dwelling Unit. The Committee considered Development Services Department report DSD-2025- 146, dated April 1, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. S. Patel was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of SMITKUMAR KANUBHAI PATEL and PATEL SWETABEN PANKAJKUMAR requesting a minor variance to Zoning By-law 85-1 to permit an Additional Dwelling Unit (ADU)(Detached) to have an area of 85.5sq.m. rather than the maximum permitted 80sq.m. to facilitate the conversion of an existing detached garage into a Dwelling Unit, in accordance with drawings prepared by Xclusive Design Studio Inc., dated January 17, 2025, on Lot 13, Plan 807, 217 Vanier 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 www.kitchener.ca. 13 Carried 6.6 A 2025-033 - 887 Frederick Street, DSD-2025-149 Submission No.: A 2025-033 Applicant: MennoHomes Inc c/o Beyond Housing Property Location: 887 Frederick Street Legal Description: Plan 712, Lot 5 Appearances: In Support: D. Driedger K. Muir Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit a Corner Visibility Triangle (CVT) to be 6.5m from the intersection of the street rather of the required 7m; to permit ingress and egress to occur in a backward motion whereas the Zoning By-law only permits it in a forward motion; to permit 1 Visitor Parking Space (0.05 visitor parking spaces per dwelling unit) rather than the minimum required 3 Visitor Parking Spaces (0.15 visitor parking spaces per dwelling unit); and, to permit an exterior side yard setback abutting Avon Road of 1.2m rather than the required 3m to facilitate the development a multiple dwelling having 20 dwelling units. The Committee considered Development Services Department report DSD-2025- 149, dated March 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 27, 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 28, 2025, advising they have no concerns with the subject application. 14 K. Muir, Zehr Group, and D. Driedger was in attendance in support of the staff recommendation. In response to questions from Staff regarding a CVT requirement outlined in Section 4.5d of Zoning By Law 2019-051, K. Muir advised there is an architectural effect where the base of the building will meet the 7.0m by 7.0m CVT requirement however the upper portion of the building will project into the CVT. Moved by M. Gambetti Seconded by M. Melo That the application of MENNO HOMES INC and BEYOND HOUSING requesting minor variances to permit an obstruction in the Corner Visibility Triangle (CVT) of 2.4m in height from the ground rather than the maximum permitted 0.9m in height or over 5.0m in height; to permit ingress and egress to occur in a backward motion whereas the Zoning By-law only permits it in a forward motion; to permit 1 Visitor Parking Space (0.05 visitor parking spaces per dwelling unit) rather than the minimum required 3 Visitor Parking Spaces (0.15 visitor parking spaces per dwelling unit); and, to permit an exterior side yard setback abutting Avon Road of 1.2m rather than the required 3m to facilitate the development a multiple dwelling having 20 dwelling units, generally in accordance with Site Plan Application SPF25/021/F, on Lot 5, Plan 712, 887 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That a note be provided on the Site Plan that garbage pick-up will occur during off-peak hours (9:30 a.m. to 3:30 p.m.) Monday to Friday. 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. 15 Carried 6.7 A 2025-034 - 34 Hohner Avenue, DSD-2025-145 Submission No.: A 2025-034 Applicant: Reginald Good Property Location: 34 Hohner Avenue Legal Description: Plan 363, Lot 2 Appearances: In Support: R. Good J. Massecar Contra: None Written Submissions: None The Committee was advised the applicant requested permission to Zoning By- law 85-1 to permit a front yard setback of 3.1m rather than the required 4.5m; and, to permit an easterly side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the conversion of the existing duplex into a triplex. The Committee considered Development Services Department report DSD-2025- 145, dated April 1, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. J. Massecar, MW Drafting and Design, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan 16 That the application of REGINALD GOOD requesting minor variances to Zoning By-law 85-1 to permit a front yard setback of 3.1m rather than the required 4.5m; and, to permit an easterly side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the conversion of the existing duplex into a triplex, in accordance with drawings prepared by MW Drafting & Design Inc., dated November 21, 2024, on Lot 2, Plan 363, 34 Hohner 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 6.8 A 2025-035 - 53 Rusholme Road, DSD-2025-154 Submission No.: A 2025-035 Applicants: Timothy & Hayley Sellner Property Location: 53 Rusholme Road Legal Description: Plan 352, Lot 36 Appearances: In Support: T. & H. Sellner R. Miner E. Miner Contra: None 17 Written Submissions: None M Gambetti declared a pecuniary interest with respect to minor variance application A 2025-035 - 53 Rusholme Road, DSD-2025-154, on the agenda this date due to an affiliation with the subject property owner. Accordingly, M. Gambetti did not participate in any discussion or vote regarding this matter. M. Gambetti left the meeting at this time. The Committee was advised the applicant requested permission to permit a westerly side yard setback of 1.8m rather than the minimum required 3m to facilitate the construction of a new 2-storey detached dwelling with a 3-car garage. The Committee considered Development Services Department report DSD-2025- 154, dated March 28, 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 27, 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 28, 2025, advising they have no concerns with the subject application. R. Miner, and E. Miner, Ross Miner Construction, were in attendance in support of the staff recommendation. Moved by M. Melo Seconded by A. Brennan That the application of TIMOTHY SELLNER and HAYLEY SELLNER requesting minor variances to permit a westerly and easterly side yard setback of 1.8m rather than the minimum required 3m to facilitate the construction of a new 2- storey detached dwelling with a 3-car garage, on Plan 352, Lot 36, 53 Rusholme Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall: a. Prepare a Tree Preservation Plan for the Subject Lands and City Right-of- to Parks and Cemeteries, and where necessary, implemented prior to 18 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. 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 2025-036 - 15 Scenic Drive, DSD-2025-165 Submission No.: A 2025-036 Applicant: Gold Mist Property Holdings Inc c/o Maleka Soni Property Location: 15 Scenic Drive Legal Description: Plan 1114, Block E; Plan 1115, Block C Appearances: In Support: M. Soni T. Theocharidis Contra: None 19 Written Submissions: None M. Gambetti re-entered the meeting at this time. The Committee was advised the applicant requested permission to Zoning By- law 2019-051 to permit 16 parking spaces (1.14 parking spaces per dwelling unit) rather than the minimum required 17 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the addition of 3 dwelling units to a multiple residential development having 11 dwelling units for a total of 14 dwelling units in accordance with Conditionally Approved Site Plan Application SP24/053/S/TS. The Committee considered Development Services Department report DSD-2025- 165, dated April 2, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. T. Theocharidis, Meridian Planning Consultants, was in attendance in support of the staff recommendation. Moved by A. Brennan Seconded by M. Gambetti That the application of GOLD MIST PROPERTY HOLDINGS INC requesting a minor variance to permit 16 parking spaces (1.14 parking spaces per dwelling unit) rather than the minimum required 17 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the addition of 3 dwelling units to a multiple residential development having 11 dwelling units for a total of 14 dwelling units in accordance with Site Plan Application SP24/053/S/TS, on Block E, Plan 1114; Block C, Plan 1115, 15 Scenic Drive, 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. 20 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 acco-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.10 A 2025-037 - 265 Breithaupt Street, DSD-2025-156 Submission No.: A 2025-037 Applicant: 1573779 Ontario Ltd c/o Krishan Judge Property Location: 265 Breithaupt Street Legal Description: Lots 234 to 243, Lots 244 to 246, Plan 376; being Reference Plan 58R-3539, Lanes Part Lot, Parts 1-3; Part 1 on Reference Plan 58R-4965 Appearances: In Support: K. Judge Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit a Fitness Centre use in the General Industrial Employment Zone, 'EMP-1' whereas a Fitness Centre is not a permitted use in this Zone; and, to permit 25 parking spaces rather than the minimum required 82 parking spaces. The Committee considered Development Services Department report DSD-2025- 156, dated April 7, 2025, recommending refusal as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 2025, advising they have no concerns with the subject application. 21 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 28, 2025, advising they have no concerns with the subject application. M. Feiden, Vailanda Engineering was in attendance in opposition to the staff recommendation noting the variance requests meet the general intent of the Zoning By Law and Official Plan as the Fitness Centre is accessory to the neighbouring unit and is accessible to all tenants of the building. K. Judge was also in attendance in opposition to the Staff recommendation. In response to questions from the Committee, K. Judge noted approximately ten years remain on the current lease agreement for the property occupied by the Fitness Center. In response questions from the Committee, T. Malone-Wright advised the Committee that under Zoning By Law 85-1, the use of the property as a Fitness Centre was legal however, as a Zoning Occupancy Certificate was not obtained by the property owner prior to Zoning By Law 2019-051 coming into effect, the property does not have legal non-conforming status. As such, Staff are recommending refusal of the application. M. Gambetti cited examples of other fitness facilities in close proximity to the 'EMP-1' Zone and stated an opinion that the use of the subject unit is compatible with the area. In response, T. Malone-Wright advised the Committee that in Business Park Zones, the Official Plan permits complimentary accessory uses such as a Fitness Center in multiple unit buildings if there is a primary employment use. However, within General Industrial Employment Zones, 'EMP 1', the complimentary accessory use must be a part of the industrial use itself and not operate as a separate business. In response to questions from the Committee, T. Malone advised if the minor variance application is approved, the tenant will be permitted to continue using the unit as a Fitness Centre. M. Gambetti brought forward a motion to approve Minor Variance Application A 2025-037 - 265 Breithaupt Street. The motion was seconded by M. Melo, was then voted on and Carried. Moved by M. Gambetti Seconded by M. Melo That the application of 1573779 ONTARIO LTD requesting minor variances to permit a Fitness Centre use in the 'EMP-1' Zone whereas a Fitness Centre is not a permitted use in this Zone; and, to permit 25 parking spaces rather than the minimum required 82 parking spaces, generally in accordance with drawings 22 prepared by Vinlanda Engineering, dated February 27, 2025, on Lots 234 to 243, Lots 244 to 246, Plan 376; being Parts 1-3 on Reference Plan 58R-3539; and, Part 1 on Reference Plan 58R-4965, 265 Breithaupt 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 6.11 A 2025-038 - 206 Shelley Drive, DSD-2025-164 Submission No.: A 2025-038 Applicant: 1001110988 Ontario Inc Property Location: 206 Shelley Drive Legal Description: Plan 127, Lot 44 Appearances: In Support: C. Machado Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit an existing detached garage within the front and exterior side yards whereas the Zoning By-Law does not permit this; and, to permit a rear yard setback of 4.5m 23 rather than the required 7.5m to recognize the location of the existing dwelling and to facilitate the development of 2 Additional Dwelling Units (ADU)(Detached) on the subject property. The Committee considered Development Services Department report DSD-2025- 164, dated April 2, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. C. Machado, Arcadia Home Design Ltd, was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of 1001110988 ONTARIO INC requesting minor variances to permit an existing detached garage within the front and exterior side yards whereas the Zoning By-Law does not permit this; and, to permit a rear yard setback of 4.5m rather than the required 7.5m to recognize the location of the existing dwelling and to facilitate the development of 2 Additional Dwelling Units (ADU)(Detached) on the subject property, generally in accordance with the plan prepared by Chris Machado, dated September 23, 2024, on Lot 44, Plan 127, 206 Shelley Drive, 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 ebsite at www.kitchener.ca. 24 Carried 6.12 A 2025-039 - 195 Victoria Street North, DSD-2025-166 Submission No.: A 2025-039 Applicant: Steven Parker Property Location: 195 Victoria Street North Legal Description: Plan 374, Part Lot 82 Appearances: In Support: S. Parker Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit a partially enclosed roof structure over below grade stairs to be located 2.1m from the rear lot line rather than the minimum required 7.5m. The Committee considered Development Services Department report DSD-2025- 166, dated April 3, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. S. Parker was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of STEVEN PARKER requesting a minor variance to permit a partially enclosed roof structure over below grade stairs to be located 2.1m from the rear lot line rather than the minimum required 7.5m, generally in accordance with the drawings prepared by Steven Parker and attached to Minor 25 Variance Application A 2025-039, on Part Lot 82, Plan 374, 195 Victoria Street North, 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 e at www.kitchener.ca. Carried 6.13 A 2025-040 - 160 Charles Best Place, DSD-2025-171 Submission No.: A 2025-040 Applicants: Nikhil Gupta & Ranjana Gupta Property Location: 160 Charles Best Place Legal Description: Plan 1343, Lot 74 Appearances: In Support: N. & R. Gupta J. Lambert Contra: None Written Submissions: None The Committee was advised the applicant requested permission to permit a building height of 4.9m for the proposed Additional Dwelling Unit (ADU)(Detached) rather than the maximum permitted 4.5m; and, to permit an exterior side yard setback of 4.2m rather than the required 4.5m to facilitate the 26 construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property. The Committee considered Development Services Department report DSD-2025- 171, dated April 4, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. J. Lambert, Lambertecture, was in attendance in support of the staff recommendation. T. Malone-Wright advised the Committee of a revision required to the Staff recommendation outlined in Development Services Department report DSD- 2025-17 to state that the approval of Minor Variance Application A2025-040 160 Charles Best Place be in accordance with drawings prepared by Lambertecture Building Design Studio, dated May 10, 2024. M. Gambetti brought forward a motion to approve the Staff recommendation outlined in Development Services Department report DSD-2025-17 including an amendment that the approval generally be in accordance with drawings prepared by Lambertecture Building Design Studio, dated May 10, 2024. The motion was seconded by M. Melo, was then voted on and Carried, as amended. Moved by M. Gambetti Seconded by M. Melo That the application of NIKHIL GUPTA and RANJANA GUPTA requesting a minor variance to permit a building height of 4.9m for the proposed Additional Dwelling Unit (ADU)(Detached) rather than the maximum permitted 4.5m; and, to permit an exterior side yard setback of 4.2m rather than the required 4.5m to facilitate the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by Lambertecture Building Design Studio, dated May 10, 2024 and attached to Minor Variance Application A 2025-040 on Plan 1343, Lot 74, 160 Charles Best Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 27 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 e at www.kitchener.ca. Carried, as amended 6.14 A 2025-041 - 249 West Oak Trail, DSD-2025-161 Submission No.: A 2025-041 Applicant: PineMount Developments Ltd Property Location: 249 West Oak Trail Legal Description: Plan 58R18644, Lots 53, 153 Appearances: In Support: R. Kelly-Ruetz Contra: None Written Submissions: None The Committee was advised the applicant requested permission to Zoning By- law 85-1 to permit 17 visitor parking spaces (10% of the required parking) rather than the minimum required 35 visitor parking spaces (20% of the required parking); and, to permit 18 parking spaces (10% of the required parking) to have a width of 2.4m and a length of 4.8m (compact spaces) rather than the required width of 2.6m and length of 5.5m, to facilitate the development of a multiple dwelling having 172 dwelling units. The Committee considered Development Services Department report DSD-2025- 161, dated April 2, 2025, recommending approval as outlined in the report. 28 The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 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 28, 2025, advising they have no concerns with the subject application. R. Kelly-Ruetz, GSP Group Inc, was in attendance in support of the staff recommendation Moved by A. Brennan Seconded by M. Melo That the application of PINEMOUNT WEST OAK TRAIL LIMITED PARTNERSHIP requesting minor variances to Zoning By-law 85-1 to permit 17 visitor parking spaces (10% of the required parking) rather than the minimum required 35 visitor parking spaces (20% of the required parking); and, to permit 18 parking spaces to have a width of 2.4m and a length of 4.8m (compact spaces) rather than the required width of 2.6m and length of 5.5m, to facilitate the development of a multiple dwelling having 172 dwelling units, in accordance with Site Plan Application SPF25/005/W/TS, dated March 4, 2025, on Plan 58R18644, Lots 53, 153, 249 West Oak Trail, 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 min www.kitchener.ca. Carried 6.15 B 2025-009 - 179 Jansen Avenue, DSD-2025-160 29 Submission No.: B 2025-009 Applicant: 1000589420 Ontario Inc c/o Abbas Ahmed, Alpha Capital Management Property Location: 179 Jansen Avenue Legal Description: Plan 308, Lot 18, Part Lots 17, 19 & 23, Part Guerin Ave Closed Appearances: In Support: A. Ahmed R. McIntyre Contra: None Written Submissions: None The Committee was advised the applicant requested permission to create an easement having a width of 20.1m, a depth of 38m and an area of 760sq.m, over lands municipally addressed as 179 Jansen Avenue, to facilitate driveway access to the rear yards of adjacent land municipally addressed as 177 and 181 Jansen Avenue. The Committee considered Development Services Department report DSD-2025- 160, dated April 2, 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 31, 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 28, 2025, advising they have no concerns with the subject application. R. McIntyre, MHBC Planning, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo 30 That the application of 1000589420 ONTARIO INC requesting consent to create an easement having a width of 20.1m, a depth of 38m and an area of 760sq.m, over lands municipally addressed as 179 Jansen Avenue, to facilitate driveway access to the rear yards of adjacent land municipally addressed as 177 and 181 Jansen Avenue, on Part Lots 17, 19 & 23, Lot 18, 179 Jansen Avenue, 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 provides 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 satisfaction of 4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall Development Applications: a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 5. approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 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. 31 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 meetin www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6.16 B 2025-010 - 57 & 59 Iron Gate Street, DSD-2025-158 Submission No.: B 2025-010 Applicants: Vasile Sabo & Emanuela Sabo Property Location: 57 & 59 Iron Gate Street Legal Description: Registered Plan 58M-430, Lot 2 Appearances: In Support: V. Sabo E. Sabo E. Catana Contra: None Written Submissions: 32 None The Committee was advised the applicant requested permission to sever a parcel of land having a width of 7.8m, a depth of 31.8m and an area of 251sq.m. The retained land will have a width of 7.8m, a depth of 31.8 m and an area of 251sq.m. The consent will allow each half of an existing semi-detached dwelling to be dealt with independently. The Committee considered Development Services Department report DSD-2025- 158, dated March 31, 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 31, 2025, advising they have no objection with the application subject to the submission of the consent review fee. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 28, 2025, advising they have no concerns with the subject application. E. Catana was in attendance in support of the staff recommendation. Moved by A. Brennan Seconded by M. Gambetti That the application of VASILE SABO and EMANUELA SABO requesting consent to sever a parcel of land having a width of 7.8m, a depth of 31.8m and an area of 251sq.m. on Lot 2, Registered Plan 58M-430, 57 & 59 Iron Gate Street, 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 33 4. 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. Carried 6.17 B 2025-011 - 400 Westwood Drive, DSD-2025-176 Submission No.: B 2025-011 Applicants: Anel & Zakia Kardumovic Property Location: 400 Westwood Drive Legal Description: Plan 1536, Lot 1, Part Lot 2, Plan 1273, Block C; being Part 1 on Reference Plan 58R-4722 Appearances: In Support: A. & Z. Kardumovic 34 C. Tsimenidis Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever a parcel of land having a width of 46.6m, a depth of 39.4m and an area of 1,789sq.m to convey as a lot addition to the property municipally addressed as 787 Glasgow Street. The retained land municipally addressed as 400 Westwood Drive, will have a width of 49.9m, a depth of 41.3m and an area of 2,501sq.m and will contain an existing detached dwelling. The Committee considered Development Services Department report DSD-2025- 176, dated April 2, 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 31, 2025, advising they have no objection with the application subject to the submission of the consent review fee. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 28, 2025, advising they have no concerns with the subject application. C. Tsimenidis, UP Consulting Ltd, was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of ANEL KARDUMOVIC and ZAKIA KARDUMOVIC requesting consent to sever a parcel of land having a width of 46.6m, a depth of 39.4m and an area of 1,789sq.m to convey as a lot addition to the property municipally addressed as 787 Glasgow Street, on Lot 1, Plan 1536 and Part Lot 2, Block C Plan 1273; being Part 1 on Reference Plan 58R-4722, 400 Westwood 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. 35 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 e Division. 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 shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director, Development and Housing Approvals, and Proposed Severance Sketch Plan, prepared by Van Harten Land Surveyors and Engineers, dated February 19, 2025, attached to Report DSD-2025-176) and PLAN 1536 LOT 4, to provide the following: times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor PLAN 1536 LOT 4 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or 5. That the pr to register an Application Consolidation Parcels for the Severed Lands and Plan 1536, Lot 4 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 36 shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. 6. 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 Ontario Building Code, shall address items such as, but not limited to, spatial separation of 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. 7. 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 meeting 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 37 within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6.18 B 2025-012 - 112 Kehl Street, DSD-2025-167 Submission No.: B 2025-012 Applicants: Nader Fathi & Pegah Ensafi Property Location: 112 Kehl Street Legal Description: Plan 384, Lot 33 Appearances: In Support: N. Fathi P. Ensafi Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever a parcel of land having a width of 8.3m, a depth of 46.3m and an area of 388sq.m. The retained land will have a width of 8.3 m, a depth of 46.3m and an area of 388sq.m. The consent will allow each half of an existing semi-detached dwelling duplex to be dealt with independently. The Committee considered Development Services Department report DSD-2025- 167, dated April 1, 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 31, 2025, advising they have no objection with the application subject to the submission of the consent review fee and Notice of Source Protection Plan Compliance (Section 59 Notice). The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 28, 2025, advising they have no concerns with the subject application. 38 N. Fathi was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of NADER FATHI and PEGAH ENSAFI requesting consent to sever a parcel of land having a width of 8.3m, a depth of 46.3m and an area of 388sq.m. on Lot 33, Plan 384, 112 Kehl Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. shall provide draft transfer documents 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 ing Technologist. 4. 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. 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. 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 property owner shall ensure any new driveways are built to City of Kitchener standards at the prop 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 39 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 to the satisfacti 9. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 10. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the Consent Application Review Fee of $350.00. 11. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to 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 -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 40 6.19 B 2025-013 & A 2025-042 - 1100 Union Street, DSD-2025-169 Submission No.: B 2025-013 & A 2025-042 Applicant: Malia Inc c/o David Salvatore Property Location: 1100 Union Street Legal Description: Plan 789, Lot 25 Appearances: In Support: D. Salvatore C. Dumart C. Meekison Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever a parcel of land having a width of 17.1m on Union Lane, a depth of 16.8m and an area of 235sq.m and is proposed for a new detached dwelling. The retained land will have a width of 16.8m, a depth of 22.9m and an area of 378sq.m and will contain an existing triplex dwelling. Minor variances are also being requested to permit the severed land not to have a frontage on a street whereas the Zoning By-law requires all lots to have a frontage on a street; and, to permit a rear yard setback of 5m rather than the required 7.5m, to facilitate the development of the new detached dwelling on the proposed severed parcel. The Committee considered Development Services Department report DSD-2025- 169, dated April 2, 2025, recommending refusal as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated March 27, 2025 & March 31, 2025, advising they have no objection with the application subject to the submission of the consent review fee. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated March 28, 2025, advising they have no concerns with the subject application. T. Malone advised the Committee that Staff are recommending refusal of the subject applications as the minor variance and consent requests do not facilitate 41 a lot frontage on a public street whereas the Provincial Planning Statement, Regional Official Plan and the City's Zoning By Law do not support the creation of lots without a frontage on a street. T. Malone-Wright further stated concerns that the proposed severed lands will not be adequately serviced with a full range of municipal services including vehicular access, pedestrian access, emergency services access, waste collection access, service from a municipal drinking water system, sanitary service, stormwater management, snow removal, streetlights, on-street parking, street trees, telecommunications utilities, hydro and gas utilities. T. Malone-Wright also noted the dimensions and shapes of the proposed lots are very small in comparison to the lot pattern in the area and may not be a sufficient size to accommodate a detached dwelling with four dwelling units. In addition, Staff are not confident the parcel resulting from the proposed severance will meet Zoning requirements as a drawing outlining parking requirements as it relates to walkways and landscaping was not provided. C. Dumart was in attendance in opposition to the staff recommendation noting the City's Emergency Services, Transportation Services and Engineering Division reviewed the application and expressed no concerns with the subject applications as outlined in the Staff Report. Further, C. Dumart stated an opinion that Union Lane functions as a local street as it provides adequate frontage on the street for existing dwellings, has streetlights, on street markings and curbs on both sides of the street for stormwater management. It was further noted, Union Lane is maintained year-round and provides both vehicular and pedestrian access to several existing homes including a multiple unit dwelling. C. Dumart provided a list of streets in the City of Kitchener that do not meet the technical definition of a street but have properties without a frontage on the street. In addition, C. Dumart noted the Committee has previously approved minor variances for properties without a frontage on a public street. T. Malone Wright clarified that the Committee has not considered minor variances related to Zoning By Law 2019-051 for properties without a frontage on a public street. In response to questions from the Committee regarding municipal services, C. Dumart advised the City's Engineering Department is in support of extending services to Union Lane for the purpose of the subject application. Further, the applicant is willing to pay for the extension of municipal services. In response to additional questions from the Committee, C. Dumart advised a revised Zoning Occupancy Certificate application has been submitted for the existing three unit dwelling to demonstrate Zoning requirements for walkway access to the dwelling have been met. It was also noted a curb cut permit has been issued to facilitate the removal of parking at the rear of the property for the provision of adequate 42 landscaping. C. Dumart advised the proposed 68sq.m. of amenity space exceeds the minimum lot requirements. C. Meekison, a neighbouring property owner was in attendance in support of the application. M. Gambetti brought forward a motion to approve Consent Application B 2025- 013 and Minor Variance Application A 2025-042 - 1100 Union Street as outlined in Attachment 'B' of Development Services Department report DSD-2025-169. The motion was seconded by A. Brennan, was then voted on and Carried. Submission No. B 2025-013 Moved by M. Gambetti Seconded by A. Brennan That the application of MALIA INC requesting consent to sever a parcel of land having a width of 17.1m on Union Lane, a depth of 16.8m and an area of 235sq.m. on Lot 25, Plan 789, 1100 Union Street, Kitchener, Ontario, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2025-042 receive final approval. 2. documents 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 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 5. That the property owner shall ensure the existing driveway at the rear be 6. That the property owner shall submit a Zoning Occupancy Certificate 43 Development Approvals. 7. 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. 8. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information t of Engineering Services, prior to deed endorsement. 9. 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. 10. That the property owner shall ensure any new driveways are built to City ineering Services. 11. 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 property line and have a gravity sewer from the property line to the street 12. That the property owner shall: a. Complete a Building Code Assessment for the existing dwelling proposed to be retained on the \[severed or retained\] 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 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. 13. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 44 14. That prior to any grading, servicing or the application or issuance of a Demolition and/or Building Permit, the property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the Manager, Site Plans showing the following: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. (viii) If necessary, the plan shall include the required mitigation and compensation measures. (ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any Demolition and/or Building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the Manager, Site Plans. 15. 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. 45 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. Carried Submission No. A 2025-042 Moved by M. Gambetti Seconded by A. Brennan That the application of MALIA INC requesting minor variances to permit a severed land (resulting from Consent Application B 2025-013) not to have a frontage on a street whereas the Zoning By-law requires all lots to have a frontage on a street; and, to permit a rear yard setback of 5m rather than the required 7.5m, to facilitate the development of the new detached dwelling on the proposed severed parcel, on Lot 25, Plan 789, 1100 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. 46 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 On motion, the meeting adjourned at 1:10 p.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 47