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HomeMy WebLinkAboutCA Minutes - 2025-08-19 Committee of Adjustment Committee Minutes August 19, 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 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 10:00 a.m. 2. MINUTES Moved by B. McColl Seconded by M. Gambetti "That the regular minutes of the Committee of Adjustment meeting held July 15, 2025, as circulated to the members, be accepted." 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no conflicts declared. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 1 5. UNFINISHED BUSINESS 5.1 None. 6. NEW BUSINESS 6.1 A 2025-071 - 99 College Street, DSD-2025-347 Submission No.: A 2025-071 Applicant: 627220 Ontario Inc. c/o John Gibson Property Location: 99 College Street Legal Description: Part Lot 7, Plan 401; being Part 1 on Reference Plan 58R- 1450 Appearances: In Support: J. Gibson Contra: T. Ishihara T. Wagner Written Submissions: R. Schweitzer D. Kuehl The Committee was advised the applicant requested minor variances to permit an interior (northerly) side yard setback of 1.0m rather than the required 1.5m; to allow a maximum building height of 11.4m rather than the maximum permitted 11.0m; to allow the minimum street line façade openings of 17% rather than the required 20%; to allow a minimum landscaped area of 21% rather than the required 30%; to allow a minimum rear yard landscaped area of 35% rather than the required 40%; and, to permit a driveway width of 2.8m rather than the required 3.0m, to facilitate the construction of an additional 4-uints on an existing 4-unit multi-residential dwelling, having a total of 8 units. The Committee considered Development Services Department report DSD-2025- 347, dated August 6, 2025, recommending approval with conditions as outlined in the report. 2 The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. The Committee considered written submissions from interested parties. J. Gibson was in attendance in support of the staff recommendation. T. Ishihara was in attendance in opposition to the staff recommendation citing concerns with property standards not being maintained at the subject property. In response to questions from the Committee, T. Malone-Wright confirmed the proposed addition has been evaluated to ensure its' construction will not affect the property's heritage characteristics. Moved by M. Melo Seconded by M. Gambetti That the application of 627220 ONTARIO INC requesting minor variances to allow an interior (northerly) side yard setback of 1.0m rather than the required 1.5m; to allow a maximum building height of 11.4m rather than the maximum permitted 11.0m; to allow the minimum street line façade openings of 17% rather than the required 20%; to allow a minimum landscaped area of 21% rather than the required 30%; to allow a minimum rear yard landscaped area of 35% rather than the required 40%; and, to permit a driveway width of 2.8m rather than the required 3.0m, to facilitate the construction of an additional 4-uints on an existing 4-unit multi-residential dwelling, having a total of 8 units, generally in accordance with Attachment A Site Plan, prepared by Facet Design Studio, dated June 17, 2025, on Part Lot 7, Plan 401; being Part 1 on Reference Plan 58R-1450, 99 College Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. 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. 2. That the property owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development 3 Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: 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 development and individual lots, blocks or 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 minu www.kitchener.ca. Carried 6.2 A 2025-072 - 413 Zeller Drive, DSD-2025-344 Submission No.: A 2025-072 Applicant: Nishant Bali Property Location: 413 Zeller Drive Legal Description: Part Block 2; being Parts 6 & 24 on Reference Plan 58R- 16593 Appearances: 4 In Support: N. Bali I. Sibal Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a rear yard setback of 0.6m, rather than the required 4m to facilitate the construction of a deck. The Committee considered Development Services Department report DSD-2025- 344, dated August 6, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. N. Bali was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of INDU SIBAL and NISHANT BALI requesting a minor variance to allow a rear yard setback of 0.6m, rather than the required 4m, provided the deck is setback 2.5m from the northern side lot line to avoid encroachment on an existing easement, to facilitate the construction of a deck, generally in accordance with drawings prepared by the applicant, on Part Block 2, Plan 58M-367; being Parts 6 & 24 on Reference Plan 58R-16593, 413 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall submit a Construction Plan prior to a Building Permit Application to indicate how the deck will be constructed, including how the property will be accessed, how the existing grade will be 5 maintained, and how the Natural Conservation Lands will be protected from any encroachment or sedimentation during construction. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting www.kitchener.ca. Carried 6.3 A 2025-073 - 112 Admiral Road, DSD-2025-346 Submission No.: A 2025-073 Applicant: James Bow & Erin Bow Property Location: 112 Admiral Road Legal Description: Lot 9, Plan 882 Appearances: In Support: S. Ul Islam Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of an existing single detached dwelling having a building height of 3.4m rather than maximum permitted 3m for a flat roof, measured to the peak of the roof. 6 The Committee considered Development Services Department report DSD-2025- 346, dated August 11, 2025, recommending deferral to the October 21, 2025 meeting or sooner. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. S. Ul Islam, Atella, was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti 6.4 A 2025-074 - 288 Forest Creek Drive, DSD-2025-334 Submission No.: A 2025-074 Applicant: Prerna Chugh & Vijayendra Chugh Property Location: 288 Forest Creek Drive Legal Description: Part Block 4; being Part 7 on Reference Plan 58R-19874 Appearances: In Support: V. Chugh V. Chandna Contra: None Written Submissions: Saira K. V. Chandna The Committee was advised the applicant requested a minor variance to permit a personal service use (Home Occupation) within a single detached dwelling, with one additional dwelling unit (ADU) (attached) whereas the By-law only allows a personal service use in a single detached dwelling. 7 The Committee considered Development Services Department report DSD-2025- 334, dated July 30, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025 advising they have no concerns with the subject application. The Committee considered written submissions from interested parties. V. Chugh was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl That the application of PRERNA CHUGH and VIJAYENDRA CHUGH requesting a minor variance to allow a personal service use (Home Occupation) within a single detached dwelling, with one additional dwelling unit (ADU)(attached) whereas the Zoning By-law only allows a personal service use in a single detached dwelling, in accordance with drawings prepared by Pawandeep Grewal, submitted with application Minor Variance Application A2025-074 and finalized on July 18, 2025, on Part Block 4, Plan 58M-505; being Part 7 on Reference Plan 58R-19874, 288 Forest Creek 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 considered and taken into accou-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 8 6.5 A 2025-075 - 15 Eby Street South, DSD-2025-332 Submission No.: A 2025-075 Applicant: Phung Van Huynh & Yen Huynh Property Location: 15 Eby Street South Legal Description: Part Lot 12, Plan 364 Appearances: In Support: Y. Huynh Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a mixed-use building to have a lot width of 13.1m rather than the required 15m; and, to allow for a lot area of 225.9 sq.m. rather than the required 600 sq.m. to facilitate the use of the building for a head spa business. The Committee considered Development Services Department report DSD-2025- 332, dated July 30, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. Y. Huynh was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of HET THI PHAN and PHUNG VAN HUYNH requesting minor variances to allow a mixed-use building to have a lot width of 13.1m rather than the required 15m; and, to allow for a lot area of 225.9 sq.m. rather than the required 600 sq.m. to facilitate the conversion of the ground floor Residential Use to a Personal Services Use, in accordance with Conditionally Approved Site Plan 9 Application SPB25/046/AA, on Part Lot 12, Plan 364, 15 Eby Street South, 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 6.6 A 2025-076 - 221 Sydney Street South, DSD-2025-340 The Committee was advised proper authorization from the property owner was not obtained for the subject application to be considered by the Committee this date, as such, the Committee adjourned this matter to the September 16, 2025, Committee of Adjustment meeting. 6.7 A 2025-077 - 3 Ivy Lane Court, DSD-2025-335 Submission No.: A 2025-077 Applicant: Aziz Sedaghati Property Location: 3 Ivy Lane Court Legal Description: Lot 71, Plan 58M-313 Appearances: In Support: M. Shafii Contra: None Written Submissions: None 10 The Committee was advised the applicant requested a minor variance to permit a personal service use (Home Occupation) to continue within a single detached dwelling with one additional dwelling unit (ADU)(Attached) whereas the By-law only allows a personal service use in a single detached dwelling. The Committee considered Development Services Department report DSD-2025- 335, dated July 30, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. M. Shafii, MBHF Engineering Sol. Inc., was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of AZIZ SEDAGHATI requesting a minor variance to allow a personal service use (Home Occupation) to continue within a single detached dwelling with one additional dwelling unit (ADU)(Attached) whereas the Zoning By-law only allows a personal service use in a single detached dwelling, to facilitate the conversion of a Single Detached Dwelling to a Duplex in accordance with drawings prepared by M. Shafii, dated June 24, 2025, on Lot 71, Plan 58M- 313, 3 Ivy Lane Court, 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. 11 Carried 6.8 A 2025-078 - 667 Victoria Street South, DSD-2025-348 Submission No.: A 2025-078 Applicant: Eric Philip, Thresholds Homes and Supports Inc. Property Location: 667 Victoria Street South Legal Description: Part Lot 103, Plan 786 Appearances: In Support: J. Lima Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a minimum lot width of 16.8m rather than the required 30m; to allow an easterly side yard setback of 2.5m rather than the required 4.5m; to allow balconies associated with dwelling units to project 1.9m from the westerly interior lot line to be supported by the ground, whereas the By-law does not permit the balconies to be ground supported; to allow 3 parking spaces for a multi-residential dwelling with 27-units, whereas the By-law requires 27 parking spaces (1.0 space per dwelling unit); to allow 1 visitor parking space, whereas the By-law requires a minimum of 5 visitor parking spaces (0.15 spaces per dwelling unit); and, to have 0 parking spaces to be designed to permit the future installation of electric vehicle supply equipment, whereas the By-law requires 7 parking spaces, to facilitate the construction of a 5 storey multi-residential development containing 27-units as per Site Plan Application SPF25/002/V. The Committee considered Development Services Department report DSD-2025- 348, dated August 6, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 2025, advising they have no concerns with the subject application. 12 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 1, 2025, advising they have no concerns with the subject application. It was noted advisory comments were received from the Six Nations of the Grand River for the Committee and applicant's consideration. J. Lima, Dillon Consulting Limited, was in attendance in support of the staff recommendation. In response to questions from the Committee regarding the parking reduction request, J. Lima noted the proposed development is an affordable housing project, as such, it is not anticipated that future tenants will have access to vehicles. J. Lima further advised, public transit is available in the subject area and a greater number of bicycle parking spaces than what is required will be provided to address the parking reduction. Moved by B. McColl Seconded by M. Gambetti That the application of THRESHOLDS HOMES AND SUPPORTS INC requesting minor variances to allow a minimum lot width of 16.8m rather than the required 30m; to allow an easterly side yard setback of 2.5m rather than the required 4.5m; to allow balconies associated with dwelling units to project 1.9m from the westerly interior lot line to be supported by the ground, whereas the By-law does not permit the balconies to be ground supported; to allow 3 parking spaces for a multi-residential dwelling with 27-units, whereas the By-law requires 27 parking spaces (1.0 space per dwelling unit); to allow 1 visitor parking space, whereas the By-law requires a minimum of 5 visitor parking spaces (0.15 spaces per dwelling unit); and, to have 0 parking spaces to be designed to permit the future installation of electric vehicle supply equipment, whereas the By-law requires 7 parking spaces, to facilitate the construction of a 5 storey multi-residential development containing 27-units in accordance with Site Plan Application SPF25/002/V, on Part Lot 103, Plan 786, 667 Victoria Street South, 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. 13 Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.9 A 2025-079 & A 2025-080 - 706 Frederick Street (Unit A & B), DSD-2025-330 Submission No.: A 2025-079 & A 2025-080 Applicant: SYJ Holdings Inc. Property Location: 706 Frederick Street (Unit A & B) Legal Description: Part Lot 25, Plan 764 Appearances: In Support: C. Dumart Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a semi-detached dwelling containing 4-units in each, located outside (Zoning By- law) Appendix C Central Neighbourhoods, to have a lot width of 7.62m rather than the required 10.5m. The Committee considered Development Services Department report DSD-2025- 330, dated August 12, 2025, recommending refusal as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. C. Dumart was in attendance in opposition to the staff recommendation noting that in consultation with Staff, the applicant developed a proposal that meets 14 Zoning regulations. C. Dumart advised, the applicant is providing a 12.5m setback from the street rather than the required 12m. C. Dumart further stated, the proposal meets the intent of the Zoning Bylaw as the provision of a narrow driveway facilitates a wider landscaped area in the front yard whereas neighboring properties in the subject area are dominated by hardscape and parking spaces. C. Dumart also expressed an opinion that a precedent for lot width reductions has already been established in the vicinity, as the Committee has previously approved requests for lot width reductions that resulted in tandem parking. Lastly, C. Dumart noted that as outlined in the Staff report, Transportation Staff do not have any concerns with the functionality of 3 parking spaces in tandem at the subject property. In response to questions from the Committee, T. Malone-Wright advised, each application is evaluated on its' own merits and in the context of the subject property, 4 units on each side of the proposed semi-detached dwelling will not function appropriately as there is an existing demand for parking in the subject area and on-street parking is not permitted on Frederick Street. T. Malone-Wright further noted that the intent of the required 10.5m lot width is to provide a driveway at 50% of the lot width to ensure sufficient and functional parking can be provided. In response to further questions from the Committee regarding potential deferral of the application to allow the applicant an opportunity to provide a Zoning Occupancy Certificate for Staff review, T. Malone-Wright advised, initial review of the application suggests additional variances will be required to facilitate the proposed development, thus, Staff's recommendation for refusal is unlikely to change. The Committee expressed opposition to the requested variance noting the concerns raised by Staff regarding high traffic density on Frederick Street and the proposed in tandem parking configuration. The Committee also expressed concerns for the safety of pedestrians, drivers and cyclists if tandem parking is implemented at the subject property. Submission No. A 2025-079 Moved by M. Gambetti Seconded by M. Melo That the application of SYJ HOLDINGS INC requesting a minor variance to allow a semi-detached dwelling containing 4-units in each, located outside (Zoning By- law) Appendix C Central Neighbourhoods, to have a lot width of 7.6m rather than the required 10.5m, as shown on drawings prepared by GRIT Engineering, 15 dated May 9, 2025, on Part Lot 25, Plan 764, 706 Frederick Street, Unit A (Future Severed Land) Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor. 2. This application is not 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 not being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting minutes, w www.kitchener.ca. Carried Submission No. A 2025-080 Moved by M. Gambetti Seconded by M. Melo That the application of SYJ HOLDINGS INC requesting a minor variance to allow a semi-detached dwelling containing 4-units, located outside (Zoning By-law) Appendix C Central Neighbourhoods, to have a lot width of 7.6m rather than the required 10.5m, as shown on drawings prepared by GRIT Engineering, dated May 9, 2025, on Part Lot 25, Plan 764, 706 Frederick Street, Unit B (Future Retained Land), Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor. 2. This application is not 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 not 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 16 www.kitchener.ca. Carried 6.10 A 2025-081 - 942 Audrey Place, DSD-2025-354 Submission No.: A 2025-081 Applicant: Neeru Jain & Sara Jain Property Location: 942 Audrey Place Legal Description: Lot 53, Plan 58M-497 Appearances: In Support: S. Syed Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit steps that exceed 0.6m in height to be setback of 0.3m from the northern interior lot line, rather than the required 0.75m, to facilitate the construction of an entrance to an Additional Dwelling Unit (ADU) (Attached) in the interior side yard. The Committee considered Development Services Department report DSD-2025- 354, dated August 8, 2025, recommending approval with a condition as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. S. Syed, Mechways Inc., was in attendance in support of the staff recommendation. Moved by B. McColl 17 Seconded by M. Gambetti That the application of NEERU JAIN and SANA JAIN requesting a minor variance to allow steps that exceed 0.6m in height to be setback of 0.3m from the northern interior lot line, rather than the required 0.75m, to facilitate the construction of an entrance to an Additional Dwelling Unit (ADU) (Attached) in the interior side yard, generally in accordance with drawings prepared by Mechways Inc., dated April 28, 2025, revised July 21, 2025, on Lot 53, Plan 58M-497, 942 Audrey Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall provide evidence to the Manager of Development Approvals, City of Kitchener, that all existing and proposed window wells comply with the minimum required zoning setback. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting minutes, which are www.kitchener.ca. Carried 6.11 A 2025-082 - 133 Bloomingdale Road North, DSD-2025-337 Submission No.: A 2025-082 Applicant: Stroh's Services c/o Lilian Stroh Property Location: 133 Bloomingdale Road North Legal Description: Tract German Company Part Lot 71 Appearances: In Support: L. Stroh 18 Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit an easterly side yard setback of 2.7m rather than the required 3m to facilitate the construction of a walkway and side porch on an existing single detached dwelling. The Committee considered Development Services Department report DSD-2025- 337, dated July 29, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. L. Stroh was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of LILIAN LORRAINE STROH requesting a minor variance to allow an easterly side yard setback of 2.7m rather than the required 3m, where there is a driveway leading to a required parking space situated between the dwelling and the side lot line, to facilitate the construction of a roof from the dwelling over an existing walkway and side porch, generally in accordance with drawings prepared by Yorck Lindner, dated April 30, 2025, on Part Lot 71, German Company Tract, 133 Bloomingdale Road 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. 19 Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.12 A 2025-083 - 103 Joseph Street, DSD-2025-355 Submission No.: A 2025-083 Applicant: 1000149083 Ontario Inc. Property Location: 103 Joseph Street Legal Description: Lot 10, Plan 80 Appearances: In Support: G. Eveleigh Contra: None Written Submissions: J. Ricker-Rampersad M. & M. Howell The Committee was advised the applicant requested minor variances to permit a lot area of 401.3 sq.m. rather than the required 450 sq.m.; to allow an exterior side yard abutting Richmond Avenue of 2.5m rather than the required 4.5m; to allow a westerly interior side yard setback of 0.8m rather than the required 1.5m; to allow a rear yard setback of 0.7m rather than the required 7.5m; to allow a building length of 26.2m rather than the maximum permitted 24m; and, to allow an accessory structure (bike locker) to be located in the front yard or exterior side yard, whereas the By-law does not permit an accessory structure in either location, to facilitate the conversion of a 6-unit multi-residential dwelling, into a 10-unit multi-residential dwelling. The Committee considered Development Services Department report DSD-2025- 355, dated August 8, 2025, recommending approval and refusal with conditions as outlined in the report. 20 The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. The Committee considered written submissions from interested parties. G. Eveleigh, Polocorp, was in attendance in support of the staff recommendations and advised the Committee that after considering Staff concerns outlined in the report, the applicant has identified the interior side yard to be a more suitable location for the accessory structure and no longer intends to construct it in the front yard as initially requested thus, the applicant has no concerns with refusal of that variance. Moved by M. Gambetti Seconded by M. Melo That the application of 1000149083 ONTARIO INC requesting minor variances to allow a lot area of 401.3 sq.m. rather than the required 450 sq.m.; to allow an exterior side yard abutting Richmond Avenue of 2.5m rather than the required 4m; to allow a westerly interior side yard setback of 0.8m rather than the required 1.5m; to allow a rear yard setback of 0.7m rather than the required 7.5m; and, to allow a building length of 26.2m rather than the maximum permitted 24m, to facilitate the conversion of a 6-unit multi-residential dwelling, into a 10-unit multi- residential dwelling, generally in accordance with drawings prepared by Urban Initiatives, dated July 18, 2025, on Lot 10, Plan 80, 103 Joseph Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall obtain a Heritage Permit, to the satisfaction of the Manager of Site Plan, City of Kitchener, for all proposed work on the subject property. 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. 21 AND That Minor Variance Application A2025-083 for 103 Joseph Street requesting a minor variance to permit an accessory structure (bike locker) to be located in a front yard or exterior side yard, generally in accordance with drawings prepared by Urban Initiatives, dated July 18, 2025, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application related to the location of an accessory structure is not minor. 2. This variance requested in this application related to the location of an accessory structure is not desirable for the appropriate development of the property. 3. The variance requested in this application related to the location of an accessory structure 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 accou-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.13 A 2025-084 - 27 Turner Avenue, DSD-2025-349 Submission No.: A 2025-084 Applicant: 1000918377 Ontario Inc. c/o Janelle Hale Property Location: 27 Turner Avenue Legal Description: Lot 6, Plan 705 Appearances: In Support: J. Hale Contra: None Written Submissions: 22 None The Committee was advised the applicant requested minor variances to permit a 2-storey 10-unit multi-residential dwelling on a lot having a width of 17.9m rather than the required 19m; to allow a multi-residential dwelling to have a westerly interior side yard setback of 1.2m rather than the required 3m; to allow a multi- residential dwelling to have a front yard setback of 4.5m rather than the required 9.5m; to allow 10 off-street parking spaces (1 space/per dwelling unit) rather than the required 12 off-street parking spaces; and, to allow a parking setback of 1.2m from the westerly side lot line rather than the required 1.5m, to facilitate the conversion of an existing 2-storey triplex to a 2-storey multi-residential dwelling containing 10-units. The Committee considered Development Services Department report DSD-2025- 349, dated August 6, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. It was noted advisory comments were received from the Six Nations of the Grand River for the Committee and applicant's consideration. J. Hale was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of 1000918377 ONTARIO INC and THOMAS WAYNE FERGUSON requesting minor variances to allow a 2-storey 10-unit multi- residential dwelling on a lot having a width of 17.9m rather than the required 19m; to allow a multi-residential dwelling to have a westerly interior side yard setback of 1.3m rather than the required 3m; to allow a multi-residential dwelling to have a front yard setback of 4.5m rather than the required 9.5m; to allow 10 off-street parking spaces (1 space/per dwelling unit) rather than the required 12 off-street parking spaces; and, to allow a parking setback of 1.2m from the westerly side lot line rather than the required 1.5m, to facilitate the conversion of an existing 2-storey triplex to a 2-storey multi-residential dwelling containing 10- units, generally in accordance with drawings and plans submitted with the Minor 23 Variance Application A2025-084, on Lot 6, Plan 705, 27 Turner Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That Holding Provision (92H) is lifted to the satisfaction of the Director of Development and Housing Approvals. 2. 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 o the proposed location of all buildings (including accessory buildings and structures), decks and driveways; o the location of any existing buildings or structures to be removed or relocated; o the proposed grades and drainage; o 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; o justification for any trees to be removed; and o outline tree protection measures for trees to be preserved; and o building elevation drawings. o If necessary, the plan shall include required mitigation and or compensation measures. o 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 ap 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. 24 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.14 A 2025-085 - 236 Guelph Street, DSD-2025-345 Submission No.: A 2025-085 Applicant: Arpan Konwar & Rituparna Deka Property Location: 236 Guelph Street Legal Description: Part Lot D, Plan 386; being Part 1 on Reference Plan 58R- 9903 Appearances: In Support: A. Konwar T. Kainth Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit an existing single detached dwelling to have a westerly interior side yard setback of 1.1m rather than the required 1.2m; and to allow an existing rear yard setback of 5.7m rather than the required 7.5m to facilitate the conversion of a single detached dwelling into a single detached dwelling with two Additional Dwelling Units (ADU)(attached) commonly referred to as a triplex. The Committee considered Development Services Department report DSD-2025- 345, dated August 6, 2025, recommending approval as outlined in the report. 25 The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. T. Kainth, Blackhaven Homes Inc., was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of ARPAN KONWAR and RITUPARNA DEKA requesting minor variances to allow an existing single detached dwelling to have a westerly interior side yard setback of 1.1m rather than the required 1.2m; and to allow an existing rear yard setback of 5.7m rather than the required 7.5m to facilitate the conversion of a single detached dwelling with one (1) Additional Dwelling Unit (ADU)(Attached) into a single detached dwelling with two (2) Additional Dwelling Units (ADU)(Attached) commonly referred to as a triplex, generally in accordance with drawings prepared by GS Engineering Group, dated 12/06/2025, on Part Lot D, Plan 386; being Part 1 on Reference Plan 58R-9903, 236 Guelph 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 6.15 A 2025-086 - 250 Mill Street, DSD-2025-351 26 Submission No.: A 2025-086 Applicant: Minassian Holdings Inc. c/o Vasken Minassian Property Location: 250 Mill Street Legal Description: Part Lot 4, Plan 366; being Tract German Company Sub Lot 18, Part Lot 2 Appearances: In Support: M. Khalil Delux Auto Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a (SGA--Rise Growth Zone, whereas the By-law does not allow --Rise Growth Zone. The Committee considered Development Services Department report DSD-2025- 351, dated August 6, 2025, recommending approval as amended with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. M. Khalil, Sydetech Inc., was in attendance in opposition to the staff recommendation noting the subject property previously operated as a legal towing compound thus, a new use is not being introduced. Further, M. Khalil noted the Towing Compound business operates in a service facing industrial area where there is currently no redevelopment or intensification taking place, as such, the property owner is willing to accept a condition to cease operation of the 27 Towing Compound business once future redevelopment is being implemented in the subject area. In response to questions from the Committee, T. Malone-Wright noted the 'Towing Compound' use was permitted under the previous Zoning By-law (85-1) however, as the property owner did not previously obtain a Zoning Occupancy Certificate for the business, staff are not able to support the additional use, as the use of the property as a Towing Compound is illegal under the current Zoning Bylaw (2019-051). In response to questions from the Committee, T. Malone-Wright advised the Committee to consider conditions of approval requiring a Zoning Occupancy Certificate, Site Plan Application and Pollution Prevention Plan if they wish to approve the 'Towing Compound' use at the subject property. M. Khalil advised the Committee that the property owner is willing to accept the conditions of approval proposed by Staff. B. McColl brought forward a motion to approve the subject application including the conditions requested by Staff which was seconded by M. Gambetti. The following motion was then voted on and was Carried. Moved by B. McColl Seconded by M. Gambetti That the application of MINASSIAN HOLDINGS INC requesting a minor variance Zone (Limited) (SGA--Rise Growth Zone, whereas the By-law does not allow this use within a High-Rise Growth Zone, on Part Lot 4, Plan 366; being Sub Lot 18, Part Lot 2, German Company Tract, 250 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall submit a Site Plan Application to the satisfaction of the Manager, Site Plans. 2. That the property owner 3. rvice and Project Management. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 28 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, as amended 6.16 A 2025-087 - 980 & 1018 Hidden Valley Road, DSD-2025-336 Submission No.: A 2025-087 Applicant: Evaya Developments Inc. Property Location: 980 & 1018 Hidden Valley Road Legal Description: Lots 5 & 7, RCP 1519, Blocks 59 & 60, Plan 58M422, and Parts 1 to 3 on Reference Plan 58R15977, Part 1 & 2, Reference Plan 58R22134 Appearances: In Support: J. von Westerholt Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a model home in a Draft Approved Plan of Vacant Condominium instead of a Draft Approved Plan of Subdivision; and, to allow an exterior side yard setback abutting Hidden Valley Road for units 1 and 26 within the Draft Approved Plan of Vacant Condominium to be 4m rather than the required 6m, to facilitate the development of 3 model homes in Draft Approved Plan of Vacant Condominium 30CDM-23204. The Committee considered Development Services Department report DSD-2025- 336, dated August 6, 2025, recommending approval as outlined in the report. 29 The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 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 August 1, 2025, advising they have no concerns with the subject application. It was noted advisory comments were received from the Six Nations of the Grand River for the Committee and applicant's consideration. J. von Westerholt, MHBC Planning, was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of EVAYA DEVELOPMENTS INC requesting minor variances to allow a model home in a Draft Approved Plan of Vacant Condominium instead of a Draft Approved Plan of Subdivision; and, to allow an exterior side yard setback abutting Hidden Valley Road for units 1 and 26 within the Draft Approved Plan of Vacant Condominium to be 4m rather than the required 6m, to facilitate the development of 3 model homes in Draft Approved Plan of Vacant Condominium 30CDM-23204, as shown on a plan prepared by J.D. Barnes Limited, dated April 28, 2025, on Blocks 59 & 60, Lots 5 & 7, Registered Plan 58M-- 15977; Parts 1 & 2 on Reference Plan 58R-22134, 980 & 1018 Hidden Valley 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 -making process with respect to the subject application. For more information, please www.kitchener.ca. 30 Carried 6.17 A 2025-088 - 670 King Street West, DSD-2025-339 Submission No.: A 2025-088 Applicant: Arya A. Holdings Inc. c/o Benny Afrouzi Property Location: 670 King Street West Legal Description: Part Lots 16 & 17, Plan 376; being Parts 2 & 3 on Reference Plan 58R-4458 Appearances: In Support: D. Galbraith E. Halverson Contra: None Written Submissions: I. Ozturk The Committee was advised the applicant requested minor variances to permit a minimum lot area of 975 sq.m. rather than the required 1,500 sq.m.; to allow an exterior side yard abutting Louisa Street of 0m rather than the required 3m; to allow an easterly interior side yard setback along a private laneway of 1.5m rather than the required 3m; to allow a front yard setback of 2m along King Street West for storeys 7 rather than the required 6m; to allow an exterior side yard setback abutting Louisa Street of 2m for storeys 7 rather than the required 6m; to allow a rear yard setback of 5m for storeys 7 and above rather than the required 6m; and, a minimum interior side yard setback of 3m along a private laneway for storeys 7 and above rather than the required 6m to facilitate the construction of an 8-storey mixed used building approved in principle through Site Plan Application SPF25/004/K. The Committee considered Development Services Department report DSD-2025- 339, dated August 6, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 5, 2025, advising they have no concerns with the subject application. 31 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 1, 2025, advising they have no concerns with the subject application. The Committee considered a written submission from an interested party. It was noted advisory comments were received from the Six Nations of the Grand River for the Committee and applicants' consideration. D. Galbraith, Up Consulting Ltd., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of ARYA A HOLDINGS INC requesting minor variances to permit a minimum lot area of 975 sq.m. rather than the required 1,500 sq.m.; to permit an exterior side yard abutting Louisa Street of 0m rather than the required 3m; to allow an easterly interior side yard setback along a private laneway of 1.5m rather than the required 3m; to allow a front yard setback of 2m along King Street West for storeys 7 and above rather than the required 6m; to allow an exterior side yard setback abutting Louisa Street of 2m for storeys 7 and above rather than the required 6m; to allow a rear yard setback of 5m for storeys 7 and above rather than the required 6m; and, to permit a minimum interior side yard setback of 3m along a private laneway for storeys 7 and above rather than the required 6m to facilitate the construction of an 8-storey mixed used building having 75 dwelling units, in accordance with Conditionally Approved Site Plan Application SPF25/004/K, on Part Lots 16 & 17, Plan 376; being Parts 2 & 3 on Reference Plan 58R-4458, 670 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall prepare a Noise Impact Study, prepared by a qualified consultant. The Owner shall submit the study for review and satisfaction of Metrolinx. The Owner may obtain Metrolinx's most up-to- date rail forecast data by submitting a request to raildatarequests@metrolinx.com. Prior to Final Site Plan Approval, Metrolinx shall review and approve the final Noise Study and any recommended mitigation measures should be adhered to for Final Approval. 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 32 and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property at the 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: bject land is located within 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 development and individual lots, blocks or 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 Comm-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.18 B 2024-039 and B 2024-040 - 120 Keewatin Avenue (Amended), DSD-2025- 342 33 Submission No.: B 2024-039 & B 2024-040 Applicant: Drago Sindjic & Guy Furoy Property Location: 120 Keewatin Avenue Legal Description: Lot 34, Plan 1515 Appearances: In Support: C. Dumart Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever a parcel of land (identified as Parcel A on the plan submitted with the application) having a width of 7.5m, a depth of 30.5m and an area of 225 sq.m., permission is also being requested to grant an easement in the front yard along the newly created property line, having a width of 1.5m, a depth of 2.9m and an area of 4.3 sq.m. in favour of the severed land for maintenance purposes. Consent is also requested to grant an easement in the rear yard of the retained land (identified as Parcel B on the plan submitted with the application), having a width of 1.5m, a depth of 2.9m and an area of 4.3 sq.m. in favour of the severed land for maintenance purposes. The parcels are proposed to be developed with semi-detached dwellings with each half to be able to be dealt with separately. The Committee considered Development Services Department report DSD-2025- 342, dated August 5, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 12, 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 August 1, 2025, advising they have no concerns with the subject application. C. Dumart was in attendance in support of the staff recommendation. Submission No. B 2024-039 34 Moved by M. Melo Seconded by M. Gambetti That the application of DRAGO SINDJIC and GUY FUROY requesting consent to sever a parcel of land (identified as Parcel A on the plan submitted with the application) having a width of 7.9m, a depth of 30.6m and an area of 247.4 sq.m., and to grant an easement having a width of 1.5m and a depth of 2.9m in the front yard where the common wall is not shared for the purposes of access and Guenther Rueb Surveying Limited, on Lot 34, Plan 1515, 120 Keewatin 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 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 provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0-metre lot line development along the common lot line. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall Development and Housing Approvals: a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed 35 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. 6. Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 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 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 Engineering 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 13. Development and Housing Approvals, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the which shall include the following: 36 a. That the property owner shall prepare a Tree Preservation and Enhancement Plan for the Severed and Retained lands, in accordance Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b. The property owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the Cit c. The property owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 14. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 15. That the property owner shall enter into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of 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 37 process with respect to the subject application. For more information, please review the meeting minutes, which 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. B 2024-040 Moved by M. Melo Seconded by M. Gambetti That the application of DRAGO SINDJIC and GUY FUROY requesting consent to grant an easement having a width of 1.5m, a depth of 2.9m in the rear yard of the retained land created through consent application B 2024-039 (identified as Parcel B on the plan submitted with the application), where the common wall is the plan for severance, prepared by Guenther Rueb Surveying Limited, on Lot 34, Plan 1515, 120 Keewatin 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 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 38 according to the City of Kitchener's Digital Submission Standards to the 4. That the property owner shall provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0-metre lot line development along the common lot line. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approv Development and Housing Approvals: 1. 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 2. 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. 6. Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 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 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 of Kitchener st 39 Engineering 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 13. Housing Approvals, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the which shall include the following: 1. That the property owner shall prepare a Tree Preservation Plan for the and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. 2. The property owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the 3. The property owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 14. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 15. That prior to final approval, the property owner shall enter into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: 40 traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of 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 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 6.19 B 2025-022 - 825 Stirling Avenue South, DSD-2025-328 Submission No.: B 2025-022 Applicant: Munaf Lulat Property Location: 825 Stirling Avenue South Legal Description: Part Lot 3, Plan 785 Appearances: In Support: 41 M. Lulat C. Dumart Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever a parcel so each half can be dealt with separately. The land to be severed will have a width of 7.62m, a depth of 45.73m and an area of 348.6 sq. m. The retained land will have a width of 7.62m, a depth of 45.73m and an area of 348.6 sq. m. The properties will be constructed with semi-detached dwellings, each containing 4 units. The Committee considered Development Services Department report DSD-2025- 328, dated August 12, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 12, 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 August 1, 2025, advising they have no concerns with the subject application. T. Malone-Wright provided an overview of the subject application, noting that as a best practice, staff had previously recommended that prior to consent approval for a semi-detached dwelling, the foundation of the dwelling be set and surveyed to accurately capture the new lot line as constructed, however, as the City is cognizant of construction challenges and excavation costs, staff have less concern with applicants proceeding with the severance process prior to the foundation being poured and surveyed. As such, Staff are proposing a new standard condition of approval for these types of consent approvals where the applicant will be required to confirm the boundaries of the new lots and the location of the foundation and setbacks with respect to the proposed new lot lines, conforms with the Zoning By-law. T. Malone-Wright further noted, if the common wall of the foundation is not located on the common lot line, or the setbacks of the building do not meet zoning requirements, the applicant will be 42 required to rectify and/or submit Committee of Adjustment Applications to resolve the errors and/or deficiencies at their own expense. T. Malone-Wright noted Staff have not received a Reference Plan or Building Location Survey for the subject application however condition 4 of the Staff recommendation outlined in Development Services Department report DSD- 2025-328 addresses the requirement for the future foundation to coincide with the proposed lot dimensions and setbacks. C. Dumart was in attendance in support of the staff recommendation however requested the Committee remove condition 11 of the Staff recommendation outlined in DSD-2025-328 which requires payment of an application review fee to the Region of Waterloo noting, the subject property is located on a local street and does not require the Region's approval and further advised that there are no concerns or conditions outlined by the Region in their report. In response, T. Malone-Wright noted all City of Kitchener consent applications are forwarded to the Region of Waterloo for comment and review hence the requirement for the consent application review fee. T. Malone-Wright advised the Committee that if they wish to remove the Region's conditions, it would be advisable to defer consideration of the application to a future meeting date to allow the Region to attend that meeting to speak to the proposed condition. C. Dumart noted he would prefer the Committee make a decision on the application this date rather than deferring consideration of the application. Moved by B. McColl Seconded by M. Gambetti That the application of 825 STIRLING DEVELOPMENT INC requesting consent to sever a parcel of land having a width of 7.6m, a depth of 45.7m and an area of 348.6 sq.m., on Part Lot 3, Plan 785, 825 Stirling Avenue South, 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 43 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 provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0-metre lot line development along the common lot line. 5. 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. 6. 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. 7. 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. 8. That the property owner shall ensure any new driveways are built to City Engineering Services. 9. 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 10. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 11. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. It is the opinion of this Committee that: 44 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 meet 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 6.20 B 2025-023 - 220 Heiman Street, DSD-2025-329 Submission No.: B 2025-023 Applicant: Munaf Lulat Property Location: 220 Heiman Street Legal Description: Tract German Company Sub Lot 18, Part Lot 69 Appearances: In Support: M. Lulat C. Dumart Contra: None Written Submissions: 45 None The Committee was advised the applicant requested consent to sever a parcel so each half can be dealt with separately. The land to be severed will have a width of 7.62m, a depth of 42.67m and an area of 352.2 sq. m. The retained land will have a width of 7.62m, a depth of 42.67m and an area of 352.2 sq. m. (4306.102 sq. ft.). The properties will be constructed with semi-detached dwellings, each containing 4 units. The Committee considered Development Services Department report DSD-2025- 329, dated August 12, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 12, 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 August 1, 2025, advising they have no concerns with the subject application. C. Dumart was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of 220 HEIMAN DEVELOPMENT INC. requesting consent to sever a parcel of land having a width of 7.6m, a depth of 42.6m and an area of 352.2 sq.m., on Sub Lot 18, Part Lot 69, German Company Tract, 220 Heiman Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. olicitor 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 satisfaction of the City 46 4. That the property owner shall provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0-metre lot line development along the common lot line. 5. Approvals, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the Ci which shall include the following: 1. That the property owner shall prepare a Tree Preservation Plan for the Management Policy, to be approved by and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. 2. The property owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the 3. The property owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 6. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding of Engineering Services, prior to deed endorsement. 47 8. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 9. That the property owner shall ensure any new driveways are built to City occupancy of the Engineering Services. 10. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction ring Services. If this is not the case, then 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 es. 11. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 12. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as p-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 48 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 6.21 B 2025-024 & B 2025-025 - 17 Downey Street, DSD-2025-343 Submission No.: B 2025-024 & B 2025-025 Applicant: Jon Crummer Property Location: 17 Downey Street Legal Description: Part Lots 92 & 93, Plan 660 Appearances: In Support: J. Crummer Contra: None Written Submissions: D. Lambert The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.93m, a depth of 32m and an area of 252.4 sq.m. and permission is also being requested to grant an easement in the rear yard along the new created property line, having a width of 1.5m, a depth of 2.26m and an area of 3.4 sq.m. in favour of the severed land for maintenance purposes. Consent is also requested to grant an easement in the front yard of the retained land, having a width of 1.5m, a depth of 2.7m and an area of 4.1 sq.m. in favour of the severed land for maintenance purposes. The parcels are proposed to be developed with semi-detached dwellings with each half to be able to be dealt with separately. The Committee considered Development Services Department report DSD-2025- 343, dated August 5, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 12, 2025, advising they have no concerns with the subject application. 49 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 1, 2025, advising they have no concerns with the subject application. The Committee considered a written submission received from an interested party. J. Crummer was in attendance in support of the staff recommendation. In response to the concerns outlined in the written submission, T. Malone-Wright noted a semi-detached duplex dwelling is a permitted use in the subject area and if there is any future redevelopment of the property requiring more than the permitted 4 dwelling units, it will be assessed through the Zoning Occupancy Certificate application process. Submission No. B 2025-024 Moved by M. Gambetti Seconded by M. Melo That the application of JONATHAN LEE CRUMMER requesting consent to sever a parcel of land having a width of 7.9m, a depth of 32m and an area of 252.4 sq.m. ; and, to grant an easement having a width of 1.5m and a depth of 2.3m in the rear yard on Part Lots 92 & 93, Plan 660, 17 Downey Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property ow 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 satisfaction of t 4. That the property owner shall provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the 50 Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0-metre lot line development along the common lot line. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall Development and Housing Approvals: 1. 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 2. 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. 6. Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 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 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 property owner shall ensure any new driveways are to be built to City occupancy of the bui Engineering 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 51 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 13. 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 Submission No. B 2025-025 Moved by M. Gambetti Seconded by M. Melo 52 That the application of JONATHAN LEE CRUMMER requesting consent to grant an easement having a width of 1.5m and a depth of 2.7m in the front yard, where the common wall is not shared for the purposes of access and maintenance in favour of the severed parcel of land created through consent application B 2025- 024, on Part Lots 92 & 93, Plan 660, 17 Downey 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 p 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 provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0-metre lot line development along the common lot line. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall Development and Housing Approvals: 1. 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 2. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and 53 shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. pproved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 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 considered and taken int-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 7. ADJOURNMENT On motion, the meeting adjourned at 12:09 p.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 54