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HomeMy WebLinkAboutCA Minutes - 2025-11-18 Committee of Adjustment Committee Minutes November 18, 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 D. Seller, Transportation Services M. Mills, Committee Coordinator C. Owen, Administrative Clerk _____________________________________________________________________ 1. COMMENCEMENT The Committee of Adjustment met this date commencing at 10:01 a.m. 2. MINUTES "That the regular minutes of the Committee of Adjustment meeting held October 21, 2025, as circulated to the members, be accepted." 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 1 5.1 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: R. Sajkunovic 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. The Committee considered Development Services Department report DSD-2025- 418, dated October 3, 2025, recommending approval subject to 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. R. Sajkunovic, JR Design and Consultants, was in attendance in support of the staff recommendation. Moved by B. McColl 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 2 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 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, 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. 3. That prior to any grading, servicing or the application or issuance of a Demolition and/or Building Permit, the property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the 1. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; 2. the location of any existing buildings or structures to be removed or relocated; 3. the proposed grades and drainage; 4. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; 5. justification for any trees to be removed; 6. outline tree protection measures for trees to be preserved; and 7. If necessary, the plan shall include required mitigation and/or compensation measures. Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any Demolition and/or Building permits shall be in compliance with the approved plan. Any Manager, Site Plans. 3 4. That the property owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 5. That the property owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the It is the opinion of this Committee that: 1. The 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 www.kitchener.ca. Carried 6. NEW BUSINESS 4 6.1 A 2025-113 - 25 Eby Street South, DSD-2025-456 Submission No.: A 2025-113 Applicant: Andres Guerrero Property Location: 25 Eby Street South Legal Description: Lot 12, Plan 364 Appearances: In Support: G. Sedra Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a street line façade opening of 10% rather than the minimum required 20%, to facilitate the construction of a rear yard addition to the existing building for a main floor restaurant, in accordance with Site Plan Application SPB25/075/E. The Committee considered Development Services Department report DSD-2025- 456, dated October 30, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 24, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 30, 2025, advising they have no concerns with the subject application. G. Sedra, GS Engineering Services, was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of PUPUSERIA LATINOS c/o ANDRES GUERRERO requesting a minor variance to permit a street line façade opening of 10% rather than the minimum required 20%, to facilitate the construction of a rear yard addition to the existing building for a main floor restaurant, in accordance with the 5 25 Eby Street South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance 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 6.2 A 2025-114 - 21 Sherwood Avenue, DSD-2025-452 Submission No.: A 2025-114 Applicant: Sean and Molly Atkinson Property Location: 21 Sherwood Avenue Legal Description: Lot 88, Plan 780 Appearances: In Support: S. Atkinson Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a front yard setback of 5.3m rather than the minimum required 6.3m to facilitate the construction of a mud room addition at the front of the existing detached dwelling. The Committee considered Development Services Department report DSD-2025- 452, dated October 31, 2025, recommending approval as outlined in the report. 6 The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 24, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 30, 2025, advising they have no concerns with the subject application. S. Atkinson was in attendance in support of the staff recommendation. Moved by A. Brennan Seconded by M. Gambetti That the application of SEAN AND MOLLY ATKINSON requesting a minor variance to permit a front yard setback of 5.3m rather than the minimum required 6.3m to facilitate the construction of a mud room addition at the front of the existing detached dwelling generally in accordance with drawings prepared by Igor Polevychok, dated September 17, 2025, on Lot 88, Plan 780, 21 Sherwood Avenue, 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 6.3 A 2025-115 - 475-477 Lancaster Street West, DSD-2025-448 Submission No.: A 2025-115 Applicant: USDC at Lancaster Inc. c/o Sean Campbell Property Location: 475-477 Lancaster Street West Legal Description: Lot 82 , Plan 674; Part Lot 59, German Company Tract being Part 1 on Reference Plans 58R 1098 and 58R 2133; Part Lot 29, Plan 789 7 Appearances: In Support: J. Wenzel Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a parking requirement of 56 parking spaces (0.9 parking spaces per dwelling unit) rather than the minimum required 61 parking spaces (1 parking space per dwelling unit); and, to permit three (3) new ground floor dwelling units with no private patio that is a minimum of 11sq.m. in area whereas a private patio that is a minimum of 11sq.m. is required, to facilitate the development of 3 new dwelling units to an existing multiple residential development having 58 dwelling units, for a total of 61 dwelling units, in accordance with Site Plan Application SPB25/056/L. The Committee considered Development Services Department report DSD-2025- 448, dated October 30, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 24, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 30, 2025, advising they have no concerns with the subject application. J. Wenzel, GSP Group Inc., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of USDC AT LANCASTER INC. c/o SEAN CAMPBELL requesting minor variances to permit a parking requirement of 56 parking spaces (0.9 parking spaces per dwelling unit) rather than the minimum required 61 parking spaces (1 parking space per dwelling unit); and, to permit three (3) new ground floor dwelling units with no private patio that is a minimum of 11sq.m. in 8 area whereas a private patio that is a minimum of 11sq.m. is required, to facilitate the development of 3 new dwelling units to an existing multiple residential development having 58 dwelling units, for a total of 61 dwelling units, in Lot 82 , Plan 674; Part Lot 59, German Company Tract being Part 1 on Reference Plans 58R 1098 and 58R 2133; Part Lot 29, Plan 789, 475-477 Lancaster Street West, 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 s website at www.kitchener.ca. Carried 6.4 A 2025-116 - 60 Sandsprings Crescent, DSD-2025-455 Submission No.: A 2025-116 Applicant: Rufus Dsouza Property Location: 60 Sandsprings Crescent Legal Description: Lot 498, Plan 1375 Appearances: In Support: R. Dsouza Contra: None Written Submissions: M. Spinache 9 The Committee was advised the applicant requested a minor variance to permit a westerly side yard setback of 0.9m rather than the minimum required 1.2m to facilitate the construction of a roof attached to the existing dwelling, over an existing rear patio. The Committee considered Development Services Department report DSD-2025- 455, dated November 5, 2025, recommending approval subject to a condition as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 24, 2025, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 30, 2025, advising they have no concerns with the subject application. R. Dsouza was in attendance in support of the staff recommendation. In response to questions from the Committee, T. Malone-Wright noted the existing roof structure was constructed without an application for a building permit however, in order for the proposed variance to come into effect, the property owner will need to apply for a building permit. Further, the building permit application process will ensure grading and drainage is not impacting the adjacent property. Moved by M. Gambetti Seconded by M. Melo That the application of RUFUS DSOUZA requesting a minor variance to permit a westerly side yard setback of 0.9m rather than the minimum required 1.2m to recognize the construction of a roof attached to the existing dwelling, over an existing rear patio, generally in accordance with drawings submitted with Minor Variance Application A2025-116, on Lot 498, Plan 1375, 60 Sandsprings Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the property owner shall make an application for Building Permit. The application for Building Permit shall address and ensure that drainage from the existing dwelling and the deck structure on the subject property will not adversely impact 56 Sandsprings Crescent. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 10 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 site at www.kitchener.ca. Carried 7. ADJOURNMENT On motion, the meeting adjourned at 10:20 a.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 11