HomeMy WebLinkAboutCA Minutes - 2025-07-15Committee of Adjustment
Committee Minutes
July 15, 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
M. Mills, Committee Coordinator
C. Owen, Administrative Clerk
1. COMMENCEMENT
The Committee of Adjustment met this date commencing at 10:01 a.m.
2. MINUTES
Moved by B. McColl
Seconded by M Gambetti
"That the regular minutes of the Committee of Adjustment meeting held
June 17, 2025, as circulated to the members, be accepted."
Carried
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.1 M. Gambetti - A 2025-063 - 55 Shoemaker Street, DSD -2025-308
1
M. Gambetti declared a pecuniary interest with respect to minor variance
application A 2025-063 - 55 Shoemaker Street, DSD -2025-308 on the agenda
this date as their family member operates a business at the subject property.
Accordingly, M. Gambetti did not participate in any discussion or vote regarding
this matter.
3.2 A. Brennan - B 2025-021 - 546 Courtland Avenue East, DSD -2025-301
A. Brennan declared a pecuniary interest with respect to consent application B
2025-021 - 546 Courtland Avenue East, DSD -2025-301, on the agenda this date
due to their employment. Accordingly, A. Brennan 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 B 2024-031 - 829 Stirling Avenue South
Submission No.: B 2024-031
Applicant: KK Holding Inc
Property Location: 829 Stirling Avenue South
Legal Description: Part Lot 3, Plan 785
Appearances:
In Support:
H. Vardhan Reddy Challa
Contra:
None
Written Submissions:
K. Bonthu
The Committee was advised the applicant requested consent to sever a parcel of
land having a width of 7.9m, a depth of 45.7m and an area of 362.3 sq.m. The
retained land will have a width of 7.9m, a depth of 45.7m and an area of 362.3
sq.m. The severance will allow each half of a semi-detached dwelling to be dealt
with independently.
The Committee considered Development Services Department report DSD -2024-
482, dated November 6, 2024, recommending approval with conditions as
outlined in the report.
E
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated November 4, 2024, advising they have no concerns with the
subject application.
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated November 4, 2024, and June 30, 2025,
advising they have no concerns with the subject application.
H. Vardhan Reddy Challa was in attendance requesting the Committee further
defer consideration of the subject application for an additional 8 months or earlier
as delays in the permitting process and necessary revisions to the building permit
have delayed construction of the proposed dwelling.
Moved by B. McColl
Seconded by M. Gambetti
That the application of KK HOLDING INC requesting consent to sever a parcel of
land having a width of 7.9m, a depth of 45.7m and an area of 362.3sq.m. on Part
Lot 3, Plan 785, 829 Stirling Avenue South, Kitchener, Ontario, BE DEFERRED
until March 2026, or earlier to allow an opportunity for the property foundation
to be laid and surveyed, prior to the severance of the lot as outlined in
Development Services Department report DSD -2024-482.
6. NEW BUSINESS
6.1 A 2025-062 -124 Tupper Crescent, DSD -2025-300
Submission No.: A 2025-062
Applicant: Pier 4 REIT
Property Location: 124 Tupper Crescent
Legal Description: Lots 68, 69 and 70, Plan 1203
Appearances:
In Support:
T. Adair
Contra:
None
Written Submissions:
Carried
3
None
The Committee was advised the applicant requested a minor variance not to
provide a 1.8m high 'Visual Barrier' between a parking lot and a lot line abutting a
residential zone whereas the Zoning By-law requires a 1.8m high Visual Barrier
in this location to facilitate the addition of 2 new dwelling units within the existing
building for a total of 25 dwelling units in accordance with Site Plan Application
S P24/049/T/AP.
The Committee considered Development Services Department report DSD -2025-
300, dated July 2, 2025, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated June 24, 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 June 30, 2025, advising they have no
concerns with the subject application.
T. Adair, MHBC Planning, was in attendance in support of the staff
recommendation.
Moved by M. Melo
Seconded by M. Gambetti
That the application of PIER 4 REIT and PIER 6 REAL ESTATE GP LTD
requesting a minor variance not to provide a 1.8m high 'Visual Barrier' between a
parking lot and a lot line abutting a residential zone whereas the Zoning By-law
requires a 1.8m high Visual Barrier in this location, to facilitate the addition of 2
new dwelling units within the existing building for a total of 25 dwelling units in
accordance with Site Plan Application SP24/049/T/AP, on Lots 68, 69 and 70,
Plan 1203, 124 Tupper Crescent, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the
property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law
and Official Plan is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were
considered and taken into account as part of the Committee's decision-making
M
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
www..kliitcheineir.ca.
Carried
6.2 A 2025-063 - 55 Shoemaker Street, DSD -2025-308
Submission No.: A 2025-063
Applicant: Bellair (Shoemaker) Inc. c/o Matthew Nisker
Property Location: 55 Shoemaker Street
Legal Description: Part Lot 2, Plan 1478
Appearances:
In Support:
S. Rosatone
M. Johnston
Contra:
None
Written Submissions:
None
(M. Gambetti declared a pecuniary interest with respect to minor variance
application A 2025-063 - 55 Shoemaker Street, DSD -2025-308 on the agenda
this date as a family member operates a business at the subject property.
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 a minor variance to permit a
parking rate of 44 parking spaces (1 parking space per 66 sq.m. of the Ground
Floor Area) for a multiple unit building, , with a maximum of 800 sq.m. to be used
as a `Fitness Centre' rather than the minimum required 81 parking spaces (1
parking space per 35 sq.m. of the Ground Floor Area) to recognize the existing
parking provision for the building on the subject property.
The Committee considered Development Services Department report DSD -2025-
308, dated July 2, 2025, recommending approval as outlined in the report.
l
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated June 24, 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 June 30, 2025, advising they have no
concerns with the subject application.
S. Rosatone, Urban Solutions Planning & Land Development Consultants Inc.,
was in attendance in support of the staff recommendation.
Moved by B. McColl
Seconded by A. Brennan
That the application of BELLAIR (SHOEMAKER) INC requesting a minor
variance to permit a parking rate of 44 parking spaces (1 parking space per 66
sq.m. of the Ground Floor Area) for a multiple unit building, with a maximum of
800 sq.m. to be used as a `Fitness Centre' rather than the minimum required 81
parking spaces (1 parking space per 35 sq.m. of the Ground Floor Area) to
recognize the existing parking provision for the building on the subject property,
in accordance with Site Plan Application SPB25/027/s, on Part Lot 2, Plan 1478,
55 Shoemaker Street, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the
property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law
and Official Plan is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were
considered and taken into account as part of the Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
www..kli1:cIheineir. a.
Carried
6.3 A 2025-064 & A 2025-065 - 82 Brunswick Avenue, DSD -2025-303
Submission No.: A 2025-064 &A 2025-065
Applicant: Amy Brooke and Nigel Brooke
Property Location: 82 Brunswick Avenue
Legal Description: Lot 9, Plan 373
Appearances:
In Support:
A. Brooke
N. Brooke
Contra:
R. Miller
K. Targosz
Written Submissions:
R. Floris
P. Eckstein
J. Ditzend
K. Bester
K. Targosz Valdez
A. Valdez
C. Shantz
L. Charette
M. Wright
B. Magolon
Z. Schnarr
M. Jackett
M. Gambetti re-entered the meeting at this time.
The Committee was advised the applicant requested minor variances to permit
the future severed lot to have a parking requirement of 1 parking space rather
than the minimum required 2 parking spaces; and, to permit a rear yard setback
of 5.6m rather than the minimum required 7.5m to facilitate the development of a
detached dwelling with 3 dwelling units on the future severed lot; and, requested
minor variances to permit the future severed lot to have a parking requirement of
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1 parking space rather than the minimum required 2 parking spaces; and, to
permit a rear yard setback of 7m rather than the minimum required 7.5m, to
facilitate the development of a detached dwelling with 3 dwelling units on the
future retained lot.
The Committee considered Development Services Department report DSD -2025-
303, dated July 4, 2025, recommending approval subject to conditions as
outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated June 24, 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 June 30, 2025, advising they have no
concerns with the subject application.
A. Brooke and N. Brooke were in attendance in support of the staff
recommendation.
R. Miller and K. Targosz were in attendance in opposition to the staff
recommendation expressing concerns with insufficient parking in the subject
neighbourhood which would be further exacerbated by the proposed parking
reduction. Concerns were also raised regarding increased congestion on
Brunswick Avenue as it is a narrow street and its' impact on safety and livability
of the neighbourhood.
In response to questions from the Committee, A. Brooke noted parking will not be
offered for all the proposed units; thus stating, in their opinion the parking
reduction request is reasonable.
In response to additional questions from the Committee, T. Malone -Wright noted
that, as of right, the applicant can construct a semi-detached dwelling or a semi-
detached duplex dwelling; the parking requirement is 2 parking spaces.
In relation to the concerns raised regarding parking and congestion, M. Gambetti
stated an opinion that the subject neighborhood is a few kilometers away from a
Transit Station and seems accessible to other amenities.
A. Brennan noted support for the requested parking variance stating the
applicant has worked with staff to refine their initial site plan in response
concerns that were raised by the adjacent property owners.
A motion was brought forward by M. Gambetti, which was seconded by B.
McColl, to approve the staff recommendation outlined in Development Services
Department report DSD -2025-303.
It was requested that the variances be voted on separately.
B. Santos, B. McColl and M. Melo noted they would not be voting in support of
the requested parking reduction as the variance is not desirable for the
appropriate development of the property given the insufficient parking in the
neighbourhood, and further, the proposed development is located on a narrow
street where street parking is not permitted.
The minor variances related to the rear yard setbacks were then voted on and
were Carried.
The minor variances related to the parking requirement of 1 parking space rather
than the minimum required 2 parking spaces was then voted on and was LOST.
It was noted, as a result of the parking variance being voted on LOST, the
parking variance has effectively been refused.
Submission No. A 2025-064
Moved by M. Gambetti
Seconded by B. McColl
That the application of AMY BROOKE and NIGEL BROOKE requesting a minor
variance to permit a rear yard setback of 5.6m rather than the minimum required
7.5m to facilitate the development of a detached dwelling with 3 dwelling units,
generally in accordance with drawings prepared by Southwood Homes, dated
May 29, 2025, on Lot 9, Plan 373, 82 Brunswick Avenue (Left Semi -Detached
Dwelling on the Future Severed Lot), Kitchener, Ontario, BE APPROVED,
subject to the following condition:
1. That the property owner shall submit a Plan, prepared by a qualified
consultant, to the satisfaction and approval of the City's Manager, Site
Plans and the Director of Parks and Cemeteries, showing the following:
a. the proposed location of all buildings (including accessory buildings
and structures), decks and driveways;
b. the location of any existing buildings or structures to be removed or
relocated;
c. the proposed grades and drainage;
9
d. 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. If necessary, the plan shall include
required mitigation and or compensation measures;
e. the location of all City -owned street-tree(s) demonstrating protection
and preservation of the City -owned tree(s);
f. justification for any tree(s) to be removed;
g. outline tree protection measures for trees to be preserved; and
h. building elevation drawings.
It is the opinion of this Committee that:
1. The variance requested in this application related to the rear yard setback
is minor.
2. This variance requested in this application related to the rear yard setback
is desirable for the appropriate development of the property.
3. The variance requested in this application related to the rear yard setback
maintains the general intent and purpose of the City of Kitchener Zoning
By -Law and Official Plan is on the subject property.
_►p
That the application of AMY BROOKE and NIGEL BROOKE requesting a minor
variance to permit a parking requirement of 1 parking space rather than the
minimum required 2 parking spaces to facilitate the development of a detached
dwelling with 3 dwelling units, generally in accordance with drawings prepared by
Southwood Homes, dated May 29, 2025, on Lot 9, Plan 373, 82 Brunswick
Avenue (Left Semi -Detached Dwelling on the Future Severed Lot), Kitchener,
Ontario, BE REFUSED.
It is the opinion of this Committee that:
1. The variance requested in this application related to the parking
requirement is not minor.
2. This variance requested in this application related to the parking
requirement is not desirable for the appropriate development of the
property.
10
3. The variance requested in this application related to the parking
requirement does not maintain the general intent and purpose of the City
of Kitchener Zoning By -Law and Official Plan 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 Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
www.. litcIheincir. o.
Carried
Submission No. A 2025-065
Moved by M. Gambetti
Seconded by B. McColl
That the application of AMY BROOKE and NIGEL BROOKE requesting a minor
variance to permit a rear yard setback of 7m rather than the minimum required
7.5m to facilitate the development of a detached dwelling with 3 dwelling units,
generally in accordance with drawings prepared by Southwood Homes, dated
May 29, 2025, on Lot 9, Plan 373, 82 Brunswick Avenue (Right Semi -Detached
Dwelling on the Future Retained Lot), Kitchener, Ontario, BE APPROVED,
subject to the following condition:
1. That the property owner shall submit a Plan, prepared by a qualified
consultant, to the satisfaction and approval of the City's Manager, Site
Plans and the Director of Parks and Cemeteries, showing the following:
a. the proposed location of all buildings (including accessory buildings
and structures), decks and driveways;
b. the location of any existing buildings or structures to be removed or
relocated;
c. the proposed grades and drainage;
d. 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. If necessary, the plan shall include
required mitigation and or compensation measures;
e. the location of all City -owned street-tree(s) demonstrating protection
and preservation of the City -owned tree(s);
11
f. justification for any tree(s) to be removed;
g. outline tree protection measures for trees to be preserved; and
h. building elevation drawings.
It is the opinion of this Committee that:
1. The variance requested in this application related to the rear yard setback
is minor.
2. This variance requested in this application related to the rear yard setback
is desirable for the appropriate development of the property.
3. The variance requested in this application related to the rear yard setback
maintains the general intent and purpose of the City of Kitchener Zoning
By -Law and Official Plan is on the subject property.
-AND—
That
AND—
That the application of AMY BROOKE and NIGEL BROOKE requesting a minor
variance to permit a parking requirement of 1 parking space rather than the
minimum required 2 parking spaces to facilitate the development of a detached
dwelling with 3 dwelling units, generally in accordance with drawings prepared by
Southwood Homes, dated May 29, 2025, on Lot 9, Plan 373, 82 Brunswick
Avenue (Right Semi -Detached Dwelling on the Future Retained Lot), Kitchener,
Ontario, BE REFUSED.
It is the opinion of this Committee that:
1. The variance requested in this application related to the parking
requirement is not minor.
2. This variance requested in this application related to the parking
requirement is not desirable for the appropriate development of the
property.
3. The variance requested in this application related to the parking
requirement does not maintain the general intent and purpose of the City
of Kitchener Zoning By -Law and Official Plan 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 Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
www,kli4,clhei eirx.
12
Carried
6.4 A 2025-066 - 508 New Dundee Road, DSD -2025-306
Submission No.: A 2025-066
Applicant: Chares Ormston
Property Location: 508 New Dundee Road
Legal Description: Lot 8, Reference Plan 58R-18524
Appearances:
In Support:
B. Lacy
K. Schreiner
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested minor variances to permit a
new driveway north of the existing driveway to be comprised of grass rather than
a hard surface material; and, to permit the new driveway not to be of a
distinguishable material to facilitate the construction of a detached garage for
motor vehicles.
The Committee considered Development Services Department report DSD -2025-
306, dated July 2, 2025, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated June 24, 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 June 30, 2025, advising they have no
concerns with the subject application.
B. Lacy, MSS Architects, was in attendance in support of the staff
recommendation.
Moved by B. McColl
Seconded by M. Gambetti
13
That the application of CHARLES ORMSTON requesting minor variances to
permit a new driveway north of the existing driveway to be comprised of grass
rather than a hard surface material; and, to permit the new driveway not to be of
a distinguishable material to facilitate the construction of a detached garage for
motor vehicles, generally in accordance with drawings prepared by Martin
Simmons Sweers, dated May 9, 2025, on Lot 8, Reference Plan 58R-18524, 508
New Dundee Road, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the
property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law
and Official Plan is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were
considered and taken into account as part of the Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
www..kli1-chef neimr.ca.
Carried
6.5 A 2025-067 & A 2025-068 - 38 Fifth Avenue (Units A & B), DSD -2025-311
Submission No.: A 2025-067 &A 2025-068
Applicant: 2866747 Ontario Inc. c/o Setmir Faikovski
Property Location: 38 Fifth Avenue (Units A & B)
Legal Description: Lot 119, Plan 254
Appearances:
In Support:
J. MacDonald
M. Meli
S. Spiegl
Contra:
None
14
Written Submissions:
None
The Committee was advised the applicant requested minor variances to permit a
driveway width of 1.5m rather than the minimum required 2.6m; to permit a
driveway width of 8.5m in the rear yard rather than the maximum permitted 8m;
to permit a Semi -Detached Dwelling where the Semi -Detached Dwelling units are
divided vertically by a shared driveway and common wall above the driveway
extending to the roofline; and, to permit a maximum building height of 11.5m
rather than the maximum permitted 11 m to facilitate the development of a semi-
detached dwelling on each lot, each half of the semi-detached dwellings having 4
dwelling units.
The Committee considered Development Services Department report DSD -2025-
311, dated July 4, 2025, recommending approval as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated June 24, 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 June 30, 2025, advising they have no
concerns with the subject application.
J. MacDonald, John MacDonald Architect, was in attendance in support of the
staff recommendation.
Submission No. A 2025-067
Moved by M. Gambetti
Seconded by M. Melo
That the application of 2866747 ONTARIO INC requesting minor variances to
permit a minimum driveway width of 1.5m rather than the required 2.6m; to
permit a maximum driveway width of 8.5m in the rear yard rather than the
permitted 8m; to permit a Semi -Detached Dwelling where the Semi -Detached
Dwelling units are divided vertically by a shared driveway and common wall
above the driveway extending to the roofline; and, to permit a maximum building
height of 11.5m rather than the maximum permitted 11m to facilitate the
development of a semi-detached dwelling, generally in accordance with drawings
prepared by John MacDonald Architect, dated April 2, 2025, revised June 17,
2025, on Lot 119, Plan 254, 38 Fifth Avenue (Unit A), Kitchener, Ontario, BE
APPROVED.
15
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 into account as part of the Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
www.kI1dheineirl.ca.
Carried
Submission No. A 2025-068
Moved by M. Gambetti
Seconded by M. Melo
That the application of 2866747 ONTARIO INC requesting minor variances to
permit a minimum driveway width of 1.5m rather than the required 2.6m; to
permit a maximum driveway width of 8.5m in the rear yard rather than the
permitted 8m; to permit a Semi -Detached Dwelling where the Semi -Detached
Dwelling units are divided vertically by a shared driveway and common wall
above the driveway extending to the roofline; and, to permit a maximum building
height of 11.5m rather than the maximum permitted 11m to facilitate the
development of a semi-detached dwelling, generally in accordance with drawings
prepared by John MacDonald Architect, dated April 2, 2025, revised June 17,
2025, on Lot 119, Plan 254, 38 Fifth Avenue (Unit B), 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.
W.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were
considered and taken into account as part of the Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
w .Ktclhein i .ca.
6.6 A 2025-069 & A 2025-070 - 439 Alice Avenue (Units A & B), DSD -2025-314
Submission No.: A 2025-069 &A 2025-070
Applicant: 15651107 Canada Inc. c/o Sabah Ur Rahman, Adnan Karim Qureshi,
Mohammad Abid Siddiqui
Property Location: 439 Alice Avenue (Units A & B)
Legal Description: Lot 57, Plan 645
Appearances:
In Support:
W. Gulrez
S. Khan
Contra:
None
Written Submissions:
None
The Committee was advised the applicant requested minor variances to permit a
driveway leading to an attached garage to be setback 0.1 m from the southern
side lot line rather than minimum required 1.2m; to permit a front yard setback of
5.2m rather than the minimum required 9.5m; to permit a northerly side yard
setback of Om rather than the minimum required 1.2m; to permit a southerly side
yard setback of 1m rather than the minimum required 1.2m to facilitate the
development of a semi-detached dwelling, each half having 3 dwelling units (left
semi-detached dwelling - Unit A).
Requesting minor variances to permit 1 parking space rather than the minimum
required 2 parking spaces; to permit a corner lot width of 9.3m rather than the
minimum required 12m; to permit a front yard setback of 3m rather than the
minimum required 9.5m; to permit a southerly interior side yard setback of Om
rather than minimum required 1.2m; and, to permit an exterior side yard setback
of 2.5m rather than the minimum required 4.5m to facilitate the construction of a
17
semi-detached dwelling, each half having 3 dwelling units (right semi-detached
dwelling - Unit B).
The Committee considered Development Services Department report DSD -2025-
314, dated July 7, 2025, recommending approval with conditions as outlined in
the report.
The Committee considered the report of the Region of Waterloo Transportation
Planner, dated June 24, 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 June 30, 2025, advising they have no
concerns with the subject application.
W. Gulrez, Alphatrons, was in attendance in support of the staff recommendation.
Submission No. A 2025-069
Moved by B. McColl
Seconded by A. Brennan
That the application of 15651107 CANADA INC requesting minor variances to
permit a driveway leading to an attached garage to be setback 0.1m from the
southern side lot line rather than minimum required 1.2m; to permit a front yard
setback of 5.2m rather than the minimum required 9.5m; to permit a northerly
side yard setback of Om rather than the minimum required 1.2m; to permit a
southerly side yard setback of 1 m rather than the minimum required 1.2m to
facilitate the development of a semi-detached dwelling having 3 dwelling units,
generally in accordance with drawings prepared by Alphatrons, dated June 12,
2025, on Lot 57, Plan 645, 439 Alice Avenue (Left Semi -Detached Dwelling - Unit
A), Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the property owner shall submit a Plan(s), prepared by a qualified
consultant, to the satisfaction and approval of the City's Manager, Site
Plans and the Director of Parks and Cemeteries and City's Director of
Engineering, showing the following:
a. the proposed location of all buildings (including accessory buildings
and structures), decks and driveways;
b. the location of any existing buildings or structures to be removed or
relocated;
In
c. the proposed grades and drainage; which plan demonstrates the
existing retaining wall within the City boulevard on Karn Street is
removed or relocated entirely within private property;
d. 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. If necessary, the plan shall include
required mitigation and or compensation measures;
e. the location of all City -owned street-tree(s) demonstrating protection
and preservation of the City -owned tree(s);
f. justification for any tree(s) to be removed;
g. outline tree protection measures for trees to be preserved; and
h. building elevation drawings.
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 into account as part of the Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
www..Icliidheinnei .c .
Carried
Submission No. A 2025-070
Moved by B. McColl
Seconded by A. Brennan
That the application of 15651107 CANADA INC requesting a minor variance to
permit 1 parking space rather than the minimum required 2 parking spaces; to
permit a corner lot width of 9.3m rather than the minimum required 12m; to
permit a front yard setback of 3m rather than the minimum required 9.5m; to
permit a southerly interior side yard setback of Om rather than minimum required
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1.2m; and, to permit an exterior side yard setback of 2.5m rather than the
minimum required 4.5m to facilitate the construction of a semi-detached dwelling
having 3 dwelling units, generally in accordance with drawings prepared by
Alphatrons, dated June 12, 2025, on Lot 57, Plan 645, 439 Alice Avenue (Right
Semi -Detached Dwelling - Unit B), Kitchener, Ontario, BE APPROVED, subject
to the following condition:
1. That the property owner shall submit a Plan(s), prepared by a qualified
consultant, to the satisfaction and approval of the City's Manager, Site
Plans and the Director of Parks and Cemeteries and City's Director of
Engineering, showing the following:
a. the proposed location of all buildings (including accessory buildings
and structures), decks and driveways;
b. the location of any existing buildings or structures to be removed or
relocated;
c. the proposed grades and drainage; which plan demonstrates the
existing retaining wall within the City boulevard on Karn Street is
removed or relocated entirely within private property;
d. 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. If necessary, the plan shall include
required mitigation and or compensation measures;
e. the location of all City -owned street-tree(s) demonstrating protection
and preservation of the City -owned tree(s);
f. justification for any tree(s) to be removed;
g. outline tree protection measures for trees to be preserved; and
h. building elevation drawings.
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.
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Pursuant to Section 45 of the Planning Act, all oral and written submissions were
considered and taken into account as part of the Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
w .kliit.clhein i .ca.
Carried
6.7 B 2025-021 - 546 Courtland Avenue East, DSD -2025-301
Submission No.: B 2025-021
Applicant: Freure Promontory Inc. c/o Daryl George
Property Location: 546 Courtland Avenue East
Legal Description: Lot 7, Plan 692
Appearances:
In Support:
J. McConnell
Contra:
None
Written Submissions:
None
(A. Brennan declared a pecuniary interest with respect to consent application B
2025-021 - 546 Courtland Avenue East, DSD -2025-301, on the agenda this date
due to their 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 consent to sever a
triangular-shaped parcel of land from the rear of the property, measuring 8.1 m by
9.1m by 3m, having an area of 11.9 sq.m., shown as Part 2 on the Draft
Reference Plan attached to the application, and to convey it as a lot addition to
the property municipally addressed as 265 Bedford Road.
The Committee considered Development Services Department report DSD -2025-
301, dated July 3, 2025, recommending approval subject to conditions as
outlined in the report.
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The Committee considered the report of the Region of Waterloo Transportation
Planner, dated June 27, 2025, advising they have no concerns with the subject
application subject to a condition as outlined in the report.
The Committee considered the report of the Grand River Conservation Authority
Resource Planning Technician dated June 30, 2025, advising they have no
concerns with the subject application subject to a condition as outlined in the
report.
J. McConnell, Miller Thomson, was in attendance in support of the staff
recommendation.
Moved by B. McColl
Seconded by M. Gambetti
That the application of FREURE PROMONTORY INC requesting consent to
sever a triangular-shaped parcel of land from the rear of the property, measuring
8.1 m by 9.1 m by 3m, having an area of 11.9 sq.m., shown as Part 2 on the Draft
Reference Plan attached to the application, and to convey it as a lot addition to
the property municipally addressed as 265 Bedford Road, on Lot 7, Plan 692,
546 Courtland Avenue East, Kitchener, Ontario, BE APPROVED, subject to the
following conditions:
1. That the property owner's solicitor 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
property(ies) to the satisfaction of the City's Revenue 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 Agn (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 the City's Mapping Technologist.
4. That the lands to be severed be added to the abutting lands and title be
taken into identical ownership as the abutting lands. The deed for
endorsement shall include that any subsequent conveyance of the parcel
22
to be severed shall comply with Sections 50(3) and/or (5) of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
5. That the property owner's Solicitor shall provide a Solicitor's Undertaking
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 Parcel cannot be registered on title, the property owner
shall take such alternative measures and provide such alternative
documents to ensure that the severed parcel and receiving parcel are not
separately encumbered, conveyed, or otherwise transferred from one
another and shall remain in common ownership, at the discretion of and to
the satisfaction of the City Solicitor.
6. 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
considered and taken into account as part of the Committee's decision-making
process with respect to the subject application. For more information, please
review the meeting minutes, which are available on the City's website at
www.* li l:¢ h ein, i . ca .
7. ADJOURNMENT
A. Brennan re-entered the meeting at this time.
On motion, the meeting adjourned at 11:21 a.m.
Carried
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Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
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