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HomeMy WebLinkAboutCA Minutes - 2025-09-16 Committee of Adjustment Committee Minutes September 16, 2025, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: B. Santos, Chair B. McColl, Member A. Brennan, Member M. Melo, Member M. Gambetti, Member Staff: T. Malone-Wright, Manager, Development Approvals S. Hajgato, Transport Planning Analyst M. Mills, Committee Coordinator C. Owen, Administrative Clerk _____________________________________________________________________ 1. COMMENCEMENT The Committee of Adjustment met this date commencing at 10:00 a.m. 2. MINUTES Moved by B. McColl Seconded by M. Gambetti "That the regular minutes of the Committee of Adjustment meeting held August 19, 2025, as circulated to the members, be accepted." 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.1 A. Brennan - A 2025-090 - 10 Abram Clemens Street, DSD-2025-388 1 A. Brennan declared a pecuniary interest with respect to minor variance application A 2025-090 - 10 Abram Clemens Street, DSD-2025-388, on the agenda this date due to her employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 A 2025-073 - 112 Admiral Road, DSD-2025-390 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. The Committee considered Development Services Department report DSD-2025- 390, dated September 8, 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. S. Ul Islam, Atella, was in attendance in support of the staff recommendation. 2 Moved by M. Gambetti Seconded by M. Melo That the application of ERIN ANNE BOW and JAMES EDWARD BOW requesting a minor variance to allow 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, generally in accordance with drawings prepared by Shivang Tarika, dated May 2025, and in accordance with the Tree Preservation & Enhancement Plan, dated September 3, 2025, and the Tree Protection Plan, dated September 3, 2025, on Lot 9, Plan 882, 112 Admiral Road, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Comm-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6. NEW BUSINESS 6.1 A 2025-089 - 239 Woodbine Avenue, DSD-2025-377 Submission No.: A 2025-089 Applicant: Murali Krishna Vardham Property Location: 239 Woodbine Avenue Legal Description: Lot 13, Plan 58M-645 Appearances: In Support: M. Krishna 3 B. Jokanovic Contra: None Written Submissions: A. & B. Mendonca A. & V. Tanase The Committee was advised the applicant requested minor variances to permit an unobstructed walkway to have a width of 1m where there are hydro meters rather than the minimum required 1.1m; to permit a lot width of 8.6m rather than the minimum required 10.5m; to permit a parking requirement of 2 parking spaces rather than the minimum required 3 parking spaces; and, to permit an Additional Dwelling Unit (ADU)(Detached) to have a lot coverage of 20% instead of maximum permitted 15% to facilitate the development of a 2 Additional Dwelling Units (ADU)(Detached) in the rear yard of the subject property having a Single Detached Dwelling. The Committee considered Development Services Department report DSD-2025- 377, dated September 3, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. The Committee considered written submissions from interested parties. B. Jokanovic, Bobicon Ltd., was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of MURALI KRISHNA VARDHAM and UMA RANI VARDHAM requesting minor variances to permit an unobstructed walkway to have a width of 1m where there are hydro meters rather than the minimum required 1.1m; to permit a lot width of 8.6m rather than the minimum required 10.5m; to permit a parking requirement of 2 parking spaces rather than the 4 minimum required 3 parking spaces; and, to permit an Additional Dwelling Unit (ADU)(Detached) to have a lot coverage of 20% instead of maximum permitted 15% to facilitate the development of a 2 Additional Dwelling Units (ADU)(Detached) in the rear yard of the subject property having a Single Detached Dwelling, generally in accordance with drawings prepared by BOBICON, dated August 5, 2025, on Lot 13, Plan 58M-645, 239 Woodbine Avenue, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were decision-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.2 A 2025-090 - 10 Abram Clemens Street, DSD-2025-388 Submission No.: A 2025-090 Applicant: Schlegel Urban c/o Vaughn Bender Property Location: 10 Abram Clemens Street Legal Description: Block 146, Plan 58M-708 Appearances: In Support: P. Casey B. Finnigan Contra: None Written Submissions: 5 None (A. Brennan declared a pecuniary interest with respect to minor variance application A 2025-090 - 10 Abram Clemens Street, DSD-2025-388, on the agenda this date due to her employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter.) A. Brennan left the meeting at this time. The Committee was advised the applicant requested minor variances to permit a Floor Space Ratio (FSR) of 0.65 rather than the maximum permitted 0.6; to permit a maximum building height of 16m rather than the maximum permitted 10.5m; to permit a setback from Bleams Road of 9.2m and from Abram Clemens Street of 6m rather than the maximum permitted setback to a street of 4.5m, to facilitate a multiple residential development having 139 dwelling units in accordance with Site Plan Application SPF25/041/A. The Committee considered Development Services Department report DSD-2025- 388, dated September 4, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. P. Casey, GSP Group, was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting minor variances to permit a Floor Space Ratio (FSR) of 0.65 rather than the maximum permitted 0.6; to permit a maximum building height of 16m rather than the maximum permitted 10.5m; to permit a setback from Bleams Road of 9.2m and from Abram Clemens Street of 6m rather than the maximum permitted setback to a street of 4.5m, to facilitate a multiple residential development having 139 dwelling units in accordance with Site Plan Application SPF25/041/A, on Block 146, Plan 58M-708, 10 Abram Clemens Street, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 6 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 6.3 A 2025-091 - 234-240 Frederick Street, DSD-2025-382 Submission No.: A 2025-091 Applicant: 2564492 Ontario Inc c/o Erik Olsen Property Location: 234-240 Frederick Street Legal Description: Block A, Plan 425, Lots 4 & 5, Part Lots 6 & 7 Appearances: In Support: J. Henry Contra: None Written Submissions: None A. Brennan re-entered the meeting at this time. The Committee was advised the applicant requested minor variances to permit to Zoning By-law 85-1 to permit 26 parking spaces inclusive of visitor parking (0.72 parking spaces per dwelling unit) rather than the minimum required 49 parking spaces inclusive of visitor parking (1.25 parking spaces per residential unit, and 0.15 visitor parking spaces per dwelling unit) to facilitate the development of a multiple dwelling having 35 dwelling units. 7 The Committee considered Development Services Department report DSD-2025- 382, dated September 3, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. J. Henry, Arcadis Professional Services, was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of 1000895704 ONTARIO INC and 2564292 ONTARIO INC requesting a minor variance to permit 26 parking spaces inclusive of visitor parking (0.72 parking spaces per dwelling unit) rather than the minimum required 49 parking spaces inclusive of visitor parking (1.25 parking spaces per residential unit, and 0.15 visitor parking spaces per dwelling unit) to facilitate the development of a multiple dwelling having 32 dwelling units, generally in accordance with drawings prepared by Arcadis, dated June 25, 2025, on Block A, Plan 425, Lots 4 & 5, Part Lots 6 & 7, 234-240 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall submit a revised Site Plan to the satisfaction of the Manager, Site Plans. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the -making process with respect to the subject application. For more information, please 8 www.kitchener.ca. Carried 6.4 A 2025-092 - 184 Woolwich Street, DSD-2025-379 Submission No.: A 2025-092 Applicant: Emilian Burca Property Location: 184 Woolwich Street Legal Description: German Company Tract Part Lot 124; being Reference Plan 58R-19112, Part 2 Appearances: In Support: D. Sanger-Smith Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit an accessory structure to have a building height to the underside of the fascia of 4.6m rather than the maximum permitted 3m; to permit a driveway width of 11.7m rather than the maximum permitted 8m; and, to permit a building height of 12.2m rather than the maximum permitted 11m to facilitate the construction of a new detached dwelling. The Committee considered Development Services Department report DSD-2025- 379, dated September 3, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. D. Sanger-Smith, Structured Creations Inc., was in attendance in support of the staff recommendation. 9 Moved by M. Gambetti Seconded by M. Melo That the application of EMILIAN JOHN BURCA requesting a minor variance to permit an accessory structure to have a building height to the underside of the fascia of 4.6m rather than the maximum permitted 3m; to permit a driveway width of 11.7m rather than the maximum permitted 8m, for a distance beyond 50m from the front lot line, provided the driveway remains outside of an existing conservation easement; and, to permit a building height of 12.2m rather than the maximum permitted 11m to facilitate the construction of a new detached dwelling, generally in accordance with drawings prepared by Structured Creations Inc., dated June 16, 2025, on Part Lot 124, German Company Tract; being Part 2 on Reference Plan 58R-19112, 184 Woolwich 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 review the meeting minutes, which ar www.kitchener.ca. Carried 6.5 A 2025-093 - 535 Stirling Avenue South, DSD-2025-369 Submission No.: A 2025-093 Applicant: Carlos Sousa Property Location: 535 Stirling Avenue South Legal Description: Part Lots 29 and 30, Plan 25; being Reference Plan 58R- 1608, Part 1 Appearances: In Support: 10 M. Campos Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit an addition to have a front yard setback of 1.8m rather than the minimum required 3.7m; and, to permit an easterly side yard setback of 1m rather than the minimum required 1.2m to facilitate the construction of a sunroom onto the existing detached dwelling. The Committee considered Development Services Department report DSD-2025- 369, dated August 29, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. M. Campos was in attendance in support of the staff recommendation. Moved by A. Brennan Seconded by M. Gambetti That the application of CARLOS DE SOUSA and SANDI AMORIM requesting minor variances to permit an addition to have a front yard setback of 1.8m rather than the minimum required 3.7m; and, to permit an easterly side yard setback of 1m rather than the minimum required 1.2m to facilitate the construction of a sunroom onto the existing detached dwelling, generally in accordance with drawings prepared by Manny Amorim, dated August 14, 2025, on Part Lots 29 and 30, Plan 25; being Part 1 on Reference Plan 58R-1608 , 535 Stirling Avenue 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. 11 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 s decision-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.6 A 2025-094 - 160 Samuel Street, DSD-2025-384 Submission No.: A 2025-094 Applicant: Bruce MacVicar Property Location: 160 Samuel Street Legal Description: Tract German Company Sub of Lot 2, Part Lot 90 Appearances: In Support: R. Chang Contra: None Written Submissions: R. Chang The Committee was advised the applicant requested minor variances to permit a detached garage to have a side yard setback of 0.3m rather than the minimum required 0.6m; to permit a deck to have a northerly side yard setback of 0.9m rather than the minimum required 1.2m; and, to permit an addition (a deck) to have a northerly side yard setback of 0.9m rather than the minimum required 1.2m to facilitate the construction of a new 3-storey addition with a rear deck and the reconstruction of the existing detached garage. The Committee considered Development Services Department report DSD-2025- 384, dated September 4, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 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 28, 2025, advising they have no concerns with the subject application. The Committee considered a written submission from an interested party. R. Chang, Robert Chang Architect Inc., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of BRUCE JONATHAN MACVICAR requesting minor variances to permit a detached garage to have a southerly side yard setback of 0.3m rather than the minimum required 0.6m; to permit a deck to have a northerly side yard setback of 0.9m rather than the minimum required 1.2m; and, to permit an addition (a deck) to have a northerly side yard setback of 0.9m rather than the minimum required 1.2m to facilitate the construction of a new 3- storey addition with a rear deck and the reconstruction of the existing detached garage, generally in accordance with drawings prepared by Robert Chang Architect Inc., dated July 1, 2025, on Sub Lot 2, Part Lot 90, German Company Tract, 160 Samuel 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 6.7 A 2025-095 - 66 Georgina Street, DSD-2025-383 Submission No.: A 2025-095 Applicant: S M Shaiful Ullah and Khodeza Kashem 13 Property Location: 66 Georgina Street Legal Description: Lot 78, Plan 58M-682 Appearances: In Support: S. Ullah S. Tarika Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a front yard landscaped area of 14.2sq.m. rather than the required 17sq.m.; and, to permit an exterior above grade stairs to be setback 0.3m from the easterly side yard rather than the required 0.5m to facilitate the conversion of a Single Detached Dwelling to a Duplex Dwelling. The Committee considered Development Services Department report DSD-2025- 383, dated September 8, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. S. Tarika, Rely Solution, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of HEATHWOOD HOMES (HURON LAND) LIMITED and KHODEZA KASHEM and S M SHAIFUL ULLAH requesting a minor variance to permit a minimum contiguous front yard landscaped area of 14.2sq.m. rather than the required 17sq.m.; and, to permit steps (made of a platform with construction on piers or helical piles) to be setback 0.3m from the easterly side 14 yard rather than the required 0.5m to facilitate the conversion of a Single Detached Dwelling to a Duplex Dwelling, generally in accordance with drawings prepared by Shivang Tarika, dated May 2025, on Lot 78, Plan 58M-682, 66 Georgina 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 ebsite at www.kitchener.ca. Carried 6.8 A 2025-096 - 457 Maple Avenue, DSD-2025-373 Submission No.: A 2025-096 Applicant: 1535360 Ontario Inc c/o Halim Sakhi Property Location: 457 Maple Avenue Legal Description: Lot 9, Part 2, Plan 666 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to Zoning By-law 85-1 to permit front steps with a height of 1.3m above finished grade rather than the maximum permitted height of 0.6m above finished grade to be 15 located within 3m of the street line to facilitate the construction of front steps onto a new detached dwelling. The Committee considered Development Services Department report DSD-2025- 373, dated August 25, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. B. Jokanovic, Bobicon Ltd. was in attendance in support of the staff recommendation. Moved by A. Brennan Seconded by M. Gambetti That the application of 1535360 ONTARIO INC requesting a minor variance to Zoning By-law 85-1 to permit front steps with a height of 1.3m above finished grade rather than the maximum permitted height of 0.6m above finished grade to be located within 3m of the street line to facilitate the construction of front steps onto a new detached dwelling, generally in accordance with drawings prepared by Bobicon Ltd., dated July 30, 2025, on Lot 9, Part 2, Plan 666, 457 Maple Avenue, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 16 6.9 A 2025-097 - 4438 King Street East & 65 Gateway Park Drive, DSD-2025-387 Submission No.: A 2025-097 Applicant: Costco Wholesale Canada c/o Louie Loberti Property Location: 4438 King Street East & 65 Gateway Park Drive Legal Description: Part Lot 8, Plan 1725, Lot 7 Beasleys Broken Front Appearances: In Support: K. Hall Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit parking spaces to be located 2.6m from a street line rather than the minimum required 3m; to permit a parking maximum of 735 parking spaces rather than the maximum permitted 457 parking spaces; and, to permit a minimum landscaped area of 17% rather than the minimum required landscaped area of 20% to facilitate the demolition of an existing building on the site to be redeveloped with 68 new parking spaces for the Costco Retail Use. The Committee considered Development Services Department report DSD-2025- 387, dated September 4, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. K. Hall, WSP Canada Inc., was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by A. Brennan 17 That the application of COSTCO WHOLESALE CANADA LTD requesting a minor variances to permit parking spaces to be located 2.6m from a street line rather than the minimum required 3m; to permit a parking maximum of 735 parking spaces rather than the maximum permitted 457 parking spaces; and, to permit a minimum landscaped area of 17% rather than the minimum required landscaped area of 20% to facilitate the demolition of an existing building on the site to be redeveloped with 68 new parking spaces for the Costco Retail Use, in accordance with Site Plan Application SP25/063/K, on Lot 7, Beasleys Broken Front, Part Lot 8, Plan 1725, 4438 King Street East and 65 Gateway Park Drive, Kitchener, Ontario, BE APPROVED: It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting minutes, which are available www.kitchener.ca. Carried 6.10 A 2025-098, A 2025-099 & A 2025-100 - 180 Ahrens Street West, DSD-2025- 378 Submission No.: A 2025-098, A 2025-099 & A 2025-100 Applicant: Craig Dumart Property Location: 180 Ahrens Street West Legal Description: Part Lots 1 & 2, Plan 75 Appearances: In Support: D. Wiwatowski K. Walls Contra: 18 G. Sullivan P. Hartlieb J. Marcus Written Submissions: C. Milligan C. Embro-Pantalony Andy G. Farkas & J. Kozak M. Eber S. Pavlic K. Fedyk C. Gerger R. Steinberg W. White B. Bailey M. Haasnoot J. & G. Sullivan A. Docking L. Baker D. Blake C. Carere D. Dowhaniuk G. Steinberg S. Carere T. Dowhaniuk M. Stelter M. Lechnes R. Inglis J. Niemoller The Committee was advised the applicant requested minor variances to permit a front yard setback of 4.5m rather than the minimum required 6.5m; and, to permit a southerly exterior side yard setback of 2.5m rather than the minimum required 4.5m to facilitate the construction of a townhouse (dwelling 1); to permit a front yard setback of 3.4m rather than the minimum required 16.5m; and, to permit a rear yard setback of 6.7m rather than the minimum required 7.5m to facilitate the construction of a townhouse (dwelling 2); to permit a front yard setback of 4.3m rather than the minimum required 16.5m; to permit an easterly side yard setback of 2m rather than the minimum required 2.5m; and, to permit a rear yard setback of 6.7m rather than the minimum required 7.5m to facilitate the construction of a townhouse (dwelling 3). Three street townhouse dwelling units are proposed in the block. The townhouse dwellings are proposed to be severed in the future to allow the lots to be dealt with separately. The Committee considered Development Services Department report DSD-2025- 378, dated September 3, 2025, recommending approval with conditions as outlined in the report. 19 The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2025, advising they have no concerns with the subject applications. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated August 28, 2025, advising they have no concerns with the subject application. The Committee considered written submissions from the neighbourhood related to the subject applications. T. Malone-Wright noted the Committee previously approved a minor variance and consent application (A2025-010 and B2025-003) related to the subject property to facilitate the construction of a detached dwelling however the future property owners are seeking to pursue a different development concept for the site which requires a new set of minor variance applications to be considered by the Committee. D. Wiwatowski, Old Park Developments, was in attendance in support of the staff recommendation. G. Sullivan, P. Hartleib and J. Marcus were in attendance in opposition to the staff recommendation expressing concerns that the proposed setbacks will obstruct the corner visibility at the intersection and noted that there will be insufficient space for snow storage on Ahrens Street West as it is a narrow street. It was also noted the proposed development is incompatible with the streetscape. G. Sullivan presented a neighourhood petition in opposition to the subject minor variance applications and stated an opinion that there was insufficient notice to the neigbhourhood residents. In response to the comments provided in opposition, D. Wiwatowski noted the City could consider installing a four-way stop at the intersection to address traffic safety concerns. In response to questions from the Committee, S. Hajgato advised, no portion of the proposed building is expected to obstruct the Corner Visibility Triangle (CVT) at the southwest corner of the property. S. Hajgato further advised traffic data indicates that traffic at the subject street is within the typical range for a local road. S. Hajgato noted traffic safety concerns reported to the City are investigated periodically on a yearly basis. In response to additional questions from the Committee, T. Malone-Wright referenced Figure 5 in Staff report, DSD-2025-378 noting the requested setback is consistent with other property setbacks in the neighbourhood. T. Malone- Wright explained the property at 110 Wilhelm Street is set back substantially from the street, resulting in proposed dwelling number 3 (and future lot) being offset 20 from the existing dwelling. Lastly, T. Malone-Wright noted the Planning Act permits three dwelling units per lot in accordance with Zoning regulations. T. Malone-Wright requested the Committee consider an amendment to the staff recommendation for A 2025-100 to include an easterly side yard setback of 2m rather than the minimum required 2.5m as requested in the application and advertised in the statutory notice. In response to the concerns raised regarding insufficient notice to neighbhourhood residents, T. Malone-Wright advised statutory notice requirements were met as the application was advertised in The Waterloo Region Record. Further, as a courtesy of the City, letters were mailed to residents within the vicinity of the subject property and a lawn sign advising the neighbourhood of the applications was installed on the property. A. Brennan brought forward a motion to approve the Staff recommendation including an amendment to permit an easterly side yard setback of 2m. The motion was seconded by M. Gambetti. B. McColl stated he would not be voting in favour of the staff recommendation noting concerns with the proposed development's compatibility with the neighbourhood. M. Gambetti noted he would not be voting in favour of the staff recommendation as the driveway length seems too short and the requested setbacks will exacerbate traffic safety issues at the subject intersection. The motion was then voted on and was LOST. It was noted, as a result of the variances being voted on LOST, the subject minor variance applications have effectively been refused. Submission No. A 2025-098 Moved by A. Brennan Seconded by M. Gambetti That the application of BIKRAMJIT GILL and GURRATTAN GILL requesting minor variances to permit a front yard setback of 4.5m rather than the minimum required 6.5m; and, to permit a southerly exterior side yard setback of 2.5m rather than the minimum required 4.5m to facilitate the construction of a townhouse (Dwelling 1) in block of three (3) townhouse dwelling units, generally in accordance with drawings prepared by GRIT Surveying, dated August 8, 2025, on Part Lots 1 & 2, Plan 75, 180 Ahrens Street West, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 21 1. The variances requested in this application are 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 considered and taken into account as pa-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried Submission No. A 2025-099 Moved by A. Brennan Seconded by M. Gambetti That the application of BIKRAMJIT GILL and GURRATTAN GILL requesting minor variances to permit a front yard setback of 3.4m rather than the minimum required 16.5m; and, to permit a rear yard setback of 6.7m rather than the minimum required 7.5m to facilitate the construction of a townhouse (Dwelling 2) in block of three (3) townhouse dwelling units, generally in accordance with drawings prepared by GRIT Surveying, dated August 8, 2025 generally in accordance with drawings prepared by GRIT Surveying, dated August 8, 2025, on Part Lots 1 & 2, Plan 75, 180 Ahrens Street West, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are 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 22 www.kitchener.ca. Carried Submission No. A 2025-100 Moved by A. Brennan Seconded by M. Gambetti That the application of BIKRAMJIT GILL and GURRATTAN GILL requesting minor variances to permit a front yard setback of 4.3m rather than the minimum required 16.5m; to permit an easterly side yard setback of 2m rather than the minimum required 2.5m; and, to permit a rear yard setback of 6.7m rather than the minimum required 7.5m to facilitate the construction of a townhouse (Dwelling 3) in block of three (3) townhouse dwelling units, generally in accordance with drawings prepared by GRIT Surveying, dated August 8, 2025, on Part Lots 1 & 2, Plan 75, 180 Ahrens Street West, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are 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, which are available www.kitchener.ca. Carried 7. ADJOURNMENT On motion, the meeting adjourned at 11:29 a.m. 23 Marilyn Mills Secretary-Treasurer Committee of Adjustment 24