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HomeMy WebLinkAboutCA Minutes - 2025-10-21 Committee of Adjustment Committee Minutes October 21, 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. 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 September 16, 2025, as circulated to the members, be accepted." Carried 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no conflicts declared. 1 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 A 2025-076 - 221 Sydney Street South, DSD-2025-340 Submission No.: A 2025-076 Applicant: Rachel Thiessen, Denis Henderson, Kim Kreuger-Kischak Property Location: 221 Sydney Street South Legal Description: Lot 367, Plan 262 Appearances: In Support: K. Boland Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to to permit a rear yard setback of 2m rather than the minimum required 7.5m to facilitate the construction of a rear yard addition (a bathroom/laundry room) The Committee considered Development Services Department report DSD-2025- 340, dated October 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 September 29, 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. K. Boland, King Street Construction, was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti 2 That the application of RACHEL THIESSEN and DENIS HENDERSON and KIM KRUEGER-KISCHAK requesting a minor variance to permit a rear yard setback of 2m rather than the minimum required 7.5m to facilitate the construction of a rear yard addition (a bathroom/laundry room), generally in accordance with drawings prepared by Southwood Homes, on Lot 367, Plan 262, 221 Sydney Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall make satisfactory financial arrangements to the Grand River Conservation Authority for the minor variance application review fee of $300.00. 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 a-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 5.2 B 2024-031 - 829 Stirling Avenue South, DSD-2025-421 Submission No.: B 2024-031 Applicant: KK Holding Inc Property Location: 829 Stirling Avenue South Legal Description: Part Lot 3, Plan 785 Appearances: In Support: R. Bauman Contra: None 3 Written Submissions: None The Committee was advised the applicant requesting consent to sever a parcel of land having a width of 7.9m, a depth of 45.7m and an area of 362.3sq.m. The retained land will have a width of 7.9m, a depth of 45.7m and an area of 362.3 sq.m. The severance will allow each half of a semi-detached dwelling to be dealt with independently. The Committee considered Development Services Department report DSD-2024- 482, dated November 6, 2024, and report DSD-2025-421, dated October 8, 2025, recommending approval with conditions as outlined in the Staff report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025 advising they have no concerns with the subject application. R. Bauman was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of KK HOLDING INC requesting consent to sever a parcel of land having a width of 7.9m on Stirling Avenue South, a depth of 45.7m and an area of 362.3 sq.m. on Part Lot 3, Plan 785, 829 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 size paper copies of the plan(s). The digital file needs to be submitted 4 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. 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 property owner shall ensure any new driveways are to be 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 land dedication of 11,862.00. 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. 5 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6. NEW BUSINESS 6.1 A 2025-101 - 199 Breithaupt Street, DSD-2025-426 Submission No.: A 2025-101 Applicant: Alisha Campbell Property Location: 199 Breithaupt Street Legal Description: Part Lots 227 & 228, Plan 376 Appearances: In Support: G. Sedra Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to convert a Legal Non-Conforming Single Detached Dwelling to a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached), a Duplex. 6 The Committee considered Development Services Department report DSD-2025- 426, dated October 8, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. G. Sedra, GS Engineering Group, was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti That the application of ALISHA CAMPBELL requesting permission to convert a Legal Non-Conforming Single Detached Dwelling to a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached), a Duplex, generally in accordance with drawings attached to minor variance application A 2025-101, on Part Lots 227 & 228, Plan 376, 199 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. of the Manager, Development Approvals, in the area between the front porch and the front property line to ensure that vehicles will not park in this area. 2. That the property owner shall complete the work, identified in Condition No. 1 above, by June 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. 3. That the property owner shall obtain and register an environmental easement for operational noise and vibration emissions in favour of Metrolinx at the sole discretion and to the satisfaction of Metrolinx. 4. That the property owner shall enter into an agreement with Metrolinx, at the sole discretion and to the satisfaction of Metrolinx, to include the following warning clause in all Development Agreements, Offers to 7 Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: nce and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the It is the opinion of this Committee that: 1. The approval of this application is in the public interest as it will support conducive to dwelling units. 2. This approval of this application will not adversely impact the adjacent properties or the neighbourhood as a whole. 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 6.2 A 2025-102 - 282 Tremaine Crescent, DSD-2025-414 Submission No.: A 2025-102 Applicant: M. Chuck & Kristen Gregson Property Location: 282 Tremaine Crescent Legal Description: Lot 259, Plan 58M-393 Appearances: In Support: 8 S. Brubacher Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a northerly side yard setback of 0.4m rather than the minimum required 1.2m to facilitate the construction of a rear covered deck onto the existing detached dwelling. The Committee considered Development Services Department report DSD-2025- 414, dated October 1, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. T. Malone Wright advised the Committee that Staff recommend a northerly side yard setback of 0.6m rather than the requested 0.4m to prevent eaves on the proposed deck from encroaching on the neighbouring property. S. Brubacher, Country Lane Builders, was in attendance and requested the Committee approve a 0.5m northerly side yard setback rather than 0.6m proposed by Staff noting the porch is small and may not facilitate a 0.6m setback. T. Malone-Wright noted Staff are amenable to the proposed 0.5m setback however requested the Committee include a condition requiring Staff review the drawings prior to the application for a building permit. M. Gambetti brought forward a motion to approve the Staff recommendation including an amendment to add a condition requiring the property owner provide updated drawings demonstrating the rear yard deck having a setback of 0.5m from the interior lot line and no encroachment of eaves or other architectural features, prior to the application for a building permit. The motion was seconded by A. Brennan, was then voted and was Carried. Moved by M. Gambetti 9 Seconded by A. Brennan That the application of M. CHUCK GREGSON and KRISTEN GREGSON requesting a minor variance to permit a northerly side yard setback of 0.5m rather than the minimum required 1.2m to facilitate the construction of a rear yard covered deck onto the existing detached dwelling, on Lot 259, Plan 58M-393, 282 Tremaine Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall provide updated drawings of the rear yard covered deck, having a 0.5m setback from the interior lot line and demonstrating no encroachment of eaves or other architectural features, to the satisfaction of the Manager, Development Approvals, prior to Application for Building Permit. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.3 A 2025-103 - 129 St. George Street, DSD-2025-423 Submission No.: A 2025-103 Applicant: Bora Ahmet Property Location: 129 St. George Street Legal Description: Part Lot 16, Plan 390; being Part 1 of Reference Plan 58R- 21884 Appearances: In Support: A. Faikovski 10 Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a deck greater than 0.6m in height to be located 3.7m from the rear lot line rather than the minimum required 4m; and, to permit a rear yard setback of 7m rather than the minimum required 7.5m to recognize the location of an existing rear deck and detached dwelling. The Committee considered Development Services Department report DSD-2025- 423, dated October 8, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. A. Faikovski, Kishava Construction, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl That the application of BORA AHMET requesting minor variances to permit a deck greater than 0.6m in height to be located 3.7m from the rear lot line rather than the minimum required 4m; and, to permit a rear yard setback of 7m rather than the minimum required 7.5m to recognize the location of an existing rear deck and detached dwelling, in accordance with drawings prepared by Grit Surveying, dated February 20, 2025, on Part Lot 16, Plan 390; being Part 1 of Reference Plan 58R-21884, 129 St. George Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall provide confirmation and/or modify the existing driveway to provide a driveway and a distinguishable unobstructed walkway, in accordance with the regulations of Zoning By- law 2019-051. 11 2. That the property owner shall complete the work, identified in Condition No. 1 above, by June 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting www.kitchener.ca. Carried 6.4 A 2025-104 - 23 Donnenwerth Drive, DSD-2025-425 Submission No.: A 2025-104 Applicant: Gurminderjit Thiara & Parmvir Thiara Property Location: 23 Donnenwerth Drive Legal Description: Part Block 18, Registered Plan 58M-267, being Part 115 on Reference Plan 58R-13912 Appearances: In Support: G. Thiara Contra: None Written Submissions: None 12 The Committee was advised the applicant requested minor variances to permit an easterly interior side yard setback of 0.3m rather than the minimum required 0.5m to facilitate the construction of new steps/side access in the side yard of existing single detached dwelling to facilitate the conversion of a Single Detached Dwelling to a Duplex Dwelling. The Committee considered Development Services Department report DSD-2025- 425, dated October 6, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. G. Thiara was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of GURMINDERJIT THIARA and PARMVIR THIARA requesting a minor variance to permit steps in an easterly interior side yard with a setback of 0.3m rather than the minimum required 0.5m to facilitate the conversion of a Single Detached Dwelling to a Duplex Dwelling, generally in accordance with drawings prepared by AEDP Group Inc, dated May 29, 2025, on Part Block 18, Registered Plan 58M-267; being Part 115 on Reference Plan 58R- 13912, 23 Donnenwerth Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. 13 Carried 6.5 A 2025-105 - 1010 Copper Leaf Crescent, DSD-2025-412 Submission No.: A 2025-105 Applicant: Mohammad Salkini Property Location: 1010 Copper Leaf Crescent Legal Description: Part Block 3, Registered Plan 58M-197; being Part 25 on Reference Plan 58R-13109 Appearances: In Support: Q. Noujoum M. Salkini Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a lot with of 8m rather than the minimum required 10.5m; and, to permit a rear yard setback of 11.6m for the principal dwelling and 0.9m to the Additional Dwelling Unit (ADU)(Detached) rather than the minimum required rear yard setback of 18.5m, to facilitate the development of an Detached Additional Dwelling Unit (ADU) in the rear yard of the subject property. The Committee considered Development Services Department report DSD-2025- 412, dated October 15, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. Q. Noujoum was in attendance in support of the staff recommendation. 14 Moved by M. Gambetti Seconded by B. McColl That the application of MOHAMMAD SALKINI requesting minor variances to permit a lot with of 8m rather than the minimum required 10.5m; and, to permit a rear yard setback of 11.6m for the principal dwelling and 0.9m to the Additional Dwelling Unit (ADU)(Detached) rather than the minimum required rear yard setback of 18.5m, to facilitate the development of an Detached Additional Dwelling Unit (ADU) in the rear yard of the subject property, generally in accordance with drawings prepared by GoConex Group Inc., dated September 16, 2025, on Part Block 3, Registered Plan 58M-197; being Part 25 on Reference Plan 58R-13109, 1010 Copper Leaf Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall modify the existing driveway, to provide a driveway and a distinguishable unobstructed walkway to the proposed Additional Dwelling Unit (ADU)(Detached), in accordance with the regulations of Zoning By-law 2019-051. 2. That the property owner shall complete the work, identified in Condition No. 1 above, by June 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. 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 2025-106 - 43 Maurice Street, DSD-2025-419 15 Submission No.: A 2025-106 Applicant: Duane Houle Property Location: 43 Maurice Street Legal Description: Part Lot 161, Lot 62, Plan 262 Appearances: In Support: R. Friesen Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit an easterly exterior side yard setback of 0.1m abutting Sydney Street South, rather than the minimum required 4m to facilitate the re-construction of a 2-storey deck onto an existing detached dwelling and to legalize the existing storage shed. The Committee considered Development Services Department report DSD-2025- 419, dated October 3, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October3, 2025, advising they have no concerns with the subject application. R. Friesen, Fine Line Drafting and Design Inc., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of DUANE HOULE requesting a minor variance to permit an easterly exterior side yard setback of 0.1m abutting Sydney Street South rather than the minimum required 4m to facilitate the re-construction of a 2-storey deck onto an existing detached dwelling and to legalize the existing storage shed, generally in accordance with drawings prepared by Fine Line Drafting and 16 Design Inc., dated May 10, 2025, on Part Lot 161, Lot 62, Plan 262, 43 Maurice Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.7 A 2025-107 - 904 Isaiah Place, DSD-2025-424 Submission No.: A 2025-107 Applicant: Nahar Littar Property Location: 904 Isaiah Place Legal Description: Lot 54, Plan 58M-451 Appearances: In Support: N. Littar Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a year yard setback of 6.4m rather than the minimum required 7.5m to facilitate a sunroom addition onto the rear of the existing detached dwelling. The Committee considered Development Services Department report DSD-2025- 424, dated October 8, 2025, recommending approval as outlined in the report. 17 The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. N. Littar was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by A. Brennan That the application of NAHAR LITTAR requesting a minor variance to permit a year yard setback of 6.4m rather than the minimum required 7.5m to facilitate a sunroom addition onto the rear of the existing detached dwelling, generally in accordance with drawings prepared by Greywall Designs, on Lot 54, Plan 58M- 451, 904 Isaiah Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered a-making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.8 A 2025-108 - 32 & 42 Windom Road, DSD-2025-429 Submission No.: A 2025-108 Applicant: Windom Holdings (Kitchener) Limited c/o Stephen Litt Property Location: 32 & 42 Windom Road Legal Description: Part Lots 36 and 37, Plan 959 Appearances: 18 In Support: D. Galbraith E. Bourdeau-Halverson Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit interior side yard setbacks (north and south) of 2m rather than the minimum required 2.5m to facilitate the development of a 3-storey multiple residential building having 56 dwelling units. The Committee considered Development Services Department report DSD-2025- 429, dated October 8, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. D. Galbraith, Up Consulting Ltd., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of WINDOM HOLDINGS (KITCHENER) LIMITED c/o STEPHEN LITT requesting a minor variance to permit interior side yard setbacks (north and south) of 2m rather than the minimum required 2.5m to facilitate the development of a 3-storey multiple residential building having 56 dwelling units, in accordance with Site Plan Application SPF25/066/W, on Part Lots 36 & 37, Plan 959, 32 & 42 Windom Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 19 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 a www.kitchener.ca. Carried 6.9 A 2025-109 - 29 Edna Street, DSD-2025-418 Submission No.: A 2025-109 Applicant: Carlos Cerqueira Property Location: 29 Edna Street Legal Description: Lot 17, Plan 653 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit an Additional Dwelling Unit (ADU) (Detached) to have a lot coverage of 21.6% rather than the maximum permitted 15% to facilitate the construction of a Detached ADU in the rear yard of the subject property. It was noted, there was no agent or applicant in attendance to represent this application. For this reason, B. McColl brought forward a motion to defer consideration of the subject application to the November 18, 2025 Committee of Adjustment meeting. The motion was seconded by M. Gambetti, was then voted on and was Carried. Moved by B. McColl 20 Seconded by M. Gambetti That the application of CARLOS CERQUEIRA requesting a minor variance to permit an Additional Dwelling Unit (ADU) (Detached) to have a lot coverage of 21.6% rather than the maximum permitted 15% to facilitate the construction of a Detached ADU in the rear yard of the subject property, generally in accordance with drawings prepared by JR Design and Consultants, dated September 2025,on Lot 17, Plan 653, 29 Edna Street, Kitchener, Ontario, BE DEFERRED, until the November 18, 2025 Committee of Adjustment meeting, to allow the applicant an opportunity to represent the application. Carried 6.10 A 2025-110 - 600 Queen Street South, DSD-2025-427 Submission No.: A 2025-110 Applicant: Matas Group Property Location: 600 Queen Street South Legal Description: Part Lot 71, Lot 17, German Company Tract Appearances: In Support: B. Zecharias M. Quarcoopome Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a building having 12 storeys inclusive of a mezzanine level having a building height of 37.5m, rather than the maximum 11 permitted storeys with a building height of 37.5m to facilitate a Residential Care Facility having 144 units in accordance with Site Plan Application SP23/007/Q/KA. The Committee considered Development Services Department report DSD-2025- 427, dated October 8, 2025, recommending approval as outlined in the report. 21 The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. B. Zecharias, Weston Consulting, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl That the application of MATAS GROUP requesting a minor variance to permit a building having 12 storeys inclusive of a mezzanine level having a building height of 37.5m rather than the maximum 11 permitted storeys with a building height of 37.5m to facilitate a Residential Care Facility having 144 units in accordance with Site Plan Application SP23/007/Q/KA, on Part Lot 71, Lot 17, German Company Tract, 600 Queen Street South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meetin www.kitchener.ca. Carried 6.11 A 2025-111 - 396 Southill Drive, DSD-2025-413 Submission No.: A 2025-111 Applicant: KBB Properties Inc. c/o Parminder Gill Property Location: 396 Southill Drive Legal Description: Lots 46 & 47, Plan 1115 22 Appearances: In Support: P. Gill J. Alag Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit an Additional Dwelling Unit (ADU) (Detached) on the same lot as a multiple dwelling, whereas an ADU (Detached) is only permitted on the same lot as a single detached dwelling, semi-detached dwelling or street townhouse dwelling; to permit an unobstructed walkway to be obstructed by the drive aisle whereas the Zoning By-law does not permit this; and, to permit the rear yard landscaped area to be 12% rather than the minimum required 30%, to facilitate the conversion of an existing accessory building (detached garage) to a Detached Additional Dwelling Unit (ADU). The Committee considered Development Services Department report DSD-2025- 413, dated October 2, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 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 October 3, 2025, advising they have no concerns with the subject application. P. Gill was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl That the application of KBB PROPERTY INC c/o PARMINDER GILL requesting minor variances to permit an Additional Dwelling Unit (ADU) (Detached) on the same lot as a multiple dwelling, whereas an ADU (Detached) is only permitted on the same lot as a single detached dwelling, semi-detached dwelling or street townhouse dwelling; to permit an unobstructed walkway to be obstructed by the 23 drive aisle whereas the Zoning By-law does not permit this; and, to permit the rear yard landscaped area to be 12% rather than the minimum required 30%, to facilitate the conversion of an existing accessory building (detached garage) to a Southill 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 www.kitchener.ca. Carried 6.12 B 2025-026 - 96 Third Avenue, DSD-2025-420 Submission No.: B 2025-026 Applicant: Dario Bakic Property Location: 96 Third Avenue Legal Description: Part Block B, Plan 254 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None 24 The Committee was advised the applicant requested consent to sever a parcel of land having a width of 8m on Third Avenue, a depth of 38.8m, and an area of 320.6 sq.m. The retained land will also have a width of 8m on Third Avenue, a depth of 38.8m, and an area of 320.9 sq.m. The consent will allow each half of a Semi-Detached Duplex Dwelling to be dealt with independently. The Committee considered Development Services Department report DSD-2025- 420, dated October 7, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 6, 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 October 3, 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 M. Gambetti Seconded by A. Brennan That the application of DARIO BAKIC requesting consent to sever a parcel of land having an approximate width of 8.1m on Third Avenue, a depth of 38.8m, and an area of 320.6 sq.m. to allow each half of a Semi-Detached Duplex Dwelling to be dealt with independently, in accordance with Reference Plan 58R- 22232, prepared by J.D. Barnes Limited, dated January 24, 2025, attached to Development Services Department report DSD-2025-420, on Part Block B, Plan 254, 96 Third 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 25 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 prior to final approval, the property owner shall enter into an agreement between the property owner and the City of Kitchener, to the satisfaction of the City Solicitor, which must be registered on title for both the Severed and Retained lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease / rental agreements: a. The dwelling units will be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b. The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease / rental agreements: i. Type A due to increasing road traffic on King Street Bypass / Conestoga Parkway / Highway 7/8 may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Ministry of the Environment, Conservation ii. Type C - has been designed with the provision of adding central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Ministry of the Environment Conservation 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. 26 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 elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in Services. 10. That the property owner shall submit a Plan to implement a suitable Director of Engineering Services. 11. That the property owner shall submit a Final Grading Plan, to demonstrate that the drainage of the subject lands will not adversely affect the drainage of adjacent properties or the overall grading control plan, noting that the side yards currently accommodate overland stormwater flows from the 12. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park land 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. 27 Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account -making process with respect to the subject application. For more information, please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6.13 B 2025-027 to B 2025-030 - 60, 62, 64 & 66 Gage Avenue, DSD-2025-422 Submission No.: B 2025-027 to B 2025-030 Applicant: Jon Crummer Property Location: 60, 62, 64, 66 Gage Avenue Legal Description: Part Lot 20, Plan 402, being Part 1 on Reference Plan 58R- 12573 Appearances: In Support: J. Crummer Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.6m on Gage Avenue, a depth of 28.5m, and an area of 214.4 sq.m. The retained land will have a width of 7.6m on Gage Avenue, a depth of 28.5m, and an area of 211.6 sq.m. Consent is also being requested to create an easement having a width of 1.5m and a depth of 2.9m on the severed parcel of land, at the rear of the building where the common wall is not shared for 28 the purposes of access and maintenance in favour of 62 Gage Avenue; and, to create an easement having a width of 1.5m and a depth of 2.9m on the retained parcel of land, at the front of the building where the common wall is not shared for the purposes of access and maintenance in favour of 60 Gage Avenue. The consent will allow each half of a Semi-Detached Dwelling to be dealt with independently. And requested consent to sever a parcel of land having a width of 7.6m on Gage Avenue, a depth of 28.3m, and an area of 211.9 sq.m. The retained land will have a width of 14.5m on Gage Avenue, a depth of 28.3m, and an area of 343.3 sq.m. Consent is also being requested to create an easement having a width of 1.5m and a depth of 2.9m on the severed parcel of land, at the rear of the building where the common wall is not shared for the purposes of access and maintenance in favour of 66 Gage Avenue; and, to create an easement having a width of 1.5m and a depth of 2.9m on the retained parcel of land, at the front of the building where the common wall is not shared for the purposes of access and maintenance in favour of 64 Gage Avenue. The consent will allow each half of a Semi-Detached Dwelling to be dealt with independently. The Committee considered Development Services Department report DSD-2025- 422, dated October 8, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 6, 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 October 3, 2025, advising they have no concerns with the subject application. J. Crummer was in attendance in support of the staff recommendation. Submission No. B 2025-027 Moved by M. Gambetti Seconded by B. McColl That the application of JON CRUMMER requesting consent to sever a parcel of land having a width of 7.6m on Gage Avenue, a depth of 28.5m, and an area of 214.4 sq.m.; and, to create an easement having a width of 1.5m and a depth of 2.9m on the severed parcel of land, at the rear of the building where the common wall is not shared for the purposes of access and maintenance in favour of 62 Gage Avenue, on Part Lot 20, Plan 402; being Part 1 on Reference Plan 58R- 29 12573, 60 Gage 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 be approved by the City Solicitor in cons 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 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. 30 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 rector of 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 elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way, to the satisfaction of the C Services. 12. That the property owner shall submit a Plan to implement a suitable Director of Engineering Services. 13. That the property owner shall submit a Final Grading Plan to demonstrate that the drainage of the subject lands will not adversely affect the drainage of adjacent properties or the overall grading control plan, noting that the side yards currently accommodate overland stormwater flows from the r 14. 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: 31 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 shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the c. The property owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 15. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 16. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 17. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. 32 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 2025-028 Moved by M. Gambetti Seconded by B. McColl That the application of JON CRUMMER requesting consent to create an easement having a width of 1.5m and a depth of 2.9m on the retained parcel of land (created through consent application B 2025-027), at the front of the building where the common wall is not shared for the purpose of access and maintenance in favour of 60 Gage Avenue, on Part Lot 20, Plan 402; being Part 1 on Reference Plan 58R-12573, 62 Gage Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That t 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 sat 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 33 setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. 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 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 make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 8. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting minutes, which ar www.kitchener.ca. 34 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 2025-029 Moved by M. Gambetti Seconded by B. McColl That the application of JON CRUMMER requesting consent to sever a parcel of land having a width of 7.6m on Gage Avenue, a depth of 28.3m, and an area of 211.9 sq.m. ; and, to create an easement having a width of 1.5m and a depth of 2.9m on the severed parcel of land, at the rear of the building where the common wall is not shared for the purposes of access and maintenance in favour of 66 Gage Avenue, on Part Lot 20, Plan 402; being, Part 1 on Reference Plan 58R- 12573, 64 Gage Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. ovide 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 logist. 4. That the property owner shall provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the 35 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 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. That a satisfactory Sol 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 layer names and asset informat 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 to be built to occupancy of the building to the satisfaction of the Ci 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 36 oor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way, to the satisfaction o Services. 12. That the property owner shall submit a Plan to implement a suitable Director of Engineering Services. 13. That the property owner shall submit a Final Grading Plan to demonstrate that the drainage of the subject lands will not adversely affect the drainage of adjacent properties or the overall grading control plan, noting that the side yards currently accommodate overland stormwater flows from the 14. Approvals, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the which shall include the following: a. That the property owner shall prepare a Tree Preservation 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 shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the c. The property owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 15. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 37 16. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 17. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. B 2025-030 Moved by M. Gambetti Seconded by B. McColl That the application of JON CRUMMER requesting consent to create an easement having a width of 1.5m and a depth of 2.9m over the retained parcel of land (created through consent application B 2025-029), at the front of the building where the common wall is not shared for the purposes of access and 38 maintenance in favour of 64 Gage Avenue, on Part Lot 20, Plan 402; being Part 1 on Reference Plan 58R-12573, 66 Gage 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 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. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the Ci 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 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. 39 7. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 8. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried 6.14 B 2025-031 & A 2025-112 - 509 Park Street & 54 Mt Hope Street, DSD-2025- 428 Submission No.: B 2025-031 & A 2025-112 Applicant: Woodhouse Investments inc. & Woodhouse Real Property Group c/o Joe Woodhouse Property Location: 509 Park Street & 54 Mt Hope Street Legal Description: Part Lot 14, 15, 16 & 17, Plan 438, being Part Lot 1, 2 & 9, Reference Plan 58R-838 40 Appearances: In Support: D. Galbraith Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever a parcel of land from 509 Park Street to convey as a lot addition to 54 Mt Hope Street, having a width of 31.4m on Mt Hope Street, a depth of 20m, and an area of 679 sq.m.; and, to grant a partial discharge of mortgage if required. The retained land will a width of 19.9m on Park Street, a depth of 56m, and an area of 1,610 sq.m. Minor variances are also being requested to permit the severed land to have an area of 679 sq.m. rather than the minimum required 700 sq.m.; to permit a rear yard setback of 1.8m rather than the minimum required 7.5m; and, to permit a landscaped area of 29% rather than the minimum required 30% to facilitate the construction of a 12 unit, stacked townhouse development in accordance with Site Plan Application SP25/052/P. The Committee considered Development Services Department report DSD-2025- 428, dated October 8, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 29, 2025 and October 6, 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 October 3, 2025, advising they have no concerns with the subject application. D. Galbraith, Up Consulting Ltd., was in attendance in support of the staff recommendation. Submission No. B 2025-031 Moved by M. Gambetti Seconded by A. Brennan 41 That the application of WOODHOUSE INVESTMENTS INC and WOODHOUSE REAL PROPERTY CORP c/o JOE WOODHOUSE requesting consent to sever a parcel of land from 509 Park Street to convey as a lot addition to 54 Mount Hope Street, having a width of 31.4m on Mount Hope Street, a depth of 20m, and an area of 679 sq.m.; and, to grant a partial discharge of mortgage if required, on Part Lots 14, 15 & 17 on Plan 438, Part Lots 1, 2 & 9 on Reference Plan 58R- 838, 509 Park Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A 2025-112 receive final approval. 2. and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 3. That the lands to be severed be added to the abutting lands, municipally known as 54 Mt. Hope Street, and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. Solicitor shall provide a Soli Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the property owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. 5. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes of the subject 6. 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 42 size paper copies of the plan(s). The digital file needs to be submitted accordin 7. 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, if applicable, 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. 8. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review the meeting minutes, www.kitchener.ca. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. Carried Submission No. A 2025-112 43 Moved by M. Gambetti Seconded by A. Brennan That the application of WOODHOUSE INVESTMENTS INC and WOODHOUSE REAL PROPERTY CORP c/o JOE WOODHOUSE requesting minor variances to permit the severed land created through Consent Application B 2025-031 to have an area of 679 sq.m. rather than the minimum required 700 sq.m.; to permit a rear yard setback of 1.8m rather than the minimum required 7.5m; and, to permit a landscaped area of 29% rather than the minimum required 30% to facilitate the construction of a 12 unit, stacked townhouse development in accordance with Site Plan Application SP25/052/P, on Part Lot 16, Plan 438, 54 Mount Hope 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. 7. ADJOURNMENT On motion, the meeting adjourned at 10:49 a.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 44