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HomeMy WebLinkAboutCA Minutes - 2025-12-09Committee of Adjustment Committee Minutes December 9, 2025, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: B. McColl, Member A. Brennan, Member M. Melo, Member M. Gambetti, Member Staff: G. Stevenson, Director, Development & Housing Approvals 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 10:07 a.m. 2. MINUTES Moved by A. Brennan Seconded M. Gambetti "That the regular minutes of the Committee of Adjustment meeting held November 18, 2025, as circulated to the members, be accepted." Carried 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 1 None. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 None. 6. NEW BUSINESS 6.1 A 2025-125 - 50-56 Weber Street West & 107 Young Street, DSD -2025-482 Submission No.: A 2025-125 Applicant: 2482948 Ontario Inc c/o John Gibson Property Location: 50-56 Weber Street East & 107 Young Street Legal Description: Part Lot 5, Plan 401 Appearances: In Support: S. Burrows Contra: None Written Submissions: None The Committee considered this matter earlier in the meeting at the request of the applicant due to unforeseen circumstances. The Committee was advised the applicant requested minor variances to permit a front yard setback of 1.8m rather than the required 3m; to permit a rear yard setback of 1.3m rather than the required 3m; to permit a parking requirement of 68 parking spaces rather than the maximum permitted 41 parking spaces; to permit a setback of 3.0m from the interior side lot line for storeys 7 and 8 rather than the required 6m; to permit a building height of 24m within 15m of a lot within an SGA -1 Zone (within 4.7m of the interior side lot line), rather than the maximum permitted 20m; to permit a rear yard setback of 1.3m where the lot abuts a lot within an SGA -1 Zone rather than the minimum required 7.5m; and, to permit a loading space to be located within 0.6m of a street line rather than the minimum required 6m to facilitate the development of a residential building having 31 regular dwelling units and 2 lodging houses for a total of 33 dwelling units, in accordance with Site Plan Application SP21/132/W/AP. E The Committee considered Development Services Department report DSD -2025- 482, dated November 27, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 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 November 21, 2025, advising they have no concerns with the subject application. S. Burrows, Facet Design Studio Ltd., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of 2482948 ONTARIO INC c/o JOHN GIBSON requesting minor to permit a rear yard setback of 1.3m rather than the required 3m; to permit a parking requirement of 68 parking spaces rather than the maximum permitted 41 parking spaces; to permit a setback of 3.Om from the interior side lot line for storeys 7 and 8 rather than the required 6m; to permit a building height of 24m within 15m of a lot within an SGA -1 Zone rather than the maximum permitted 20m; to permit a rear yard setback of 1.3m where the lot abuts a lot within an SGA -1 Zone rather than the minimum required 7.5m; and, to permit a loading space to be located within 0.6m of a street line rather than the minimum required 6m to facilitate the development of a residential building having 31 regular dwelling units and 2 lodging houses for a total of 33 dwelling units, in accordance with Site Plan Application SP21/132/W/AP, on Part Lot 5, Plan 401, 50-56 Weber Street West and 107 Young 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 considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information, please 3 review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 6.2 A 2025-117 - 2922 King Street East, DSD -2025-474 Submission No.: A 2025-117 Applicant: Peter X. Phan Property Location: 2922 King Street East Legal Description: L Farm Pt, Plan 589 Appearances: In Support: G. Sedra Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a parking requirement of 17 parking spaces (one parking space per 26.8sq.m. of Gross Floor Area) rather than the minimum required 24 parking spaces (one parking space per 19sq.m. of Gross Floor Area) for a health clinic use, in accordance with the 'Conditionally Approved' Site Plan Application SPB25/077/K. The Committee considered Development Services Department report DSD -2025- 474, dated November 20, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 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 November 21, 2025, advising they have no concerns with the subject application. G. Sedra, GS Engineering Group, was in attendance in support of the staff recommendation. M Moved by A. Brennan Seconded by M. Gambetti That the application of PETER X PHAN requesting a minor variance to permit a parking requirement of 17 parking spaces (one parking space per 26.8sq.m. of Gross Floor Area) rather than the minimum required 24 parking spaces (one parking space per 19sq.m. of Gross Floor Area) for a health clinic use, in accordance with the 'Conditionally Approved' Site Plan Application SPB25/077/K, on Part Farm Lot, Plan 589, 2922 King Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City's website at www.kitchener.ca. 6.3 A 2025-118 - 630 Benninger Drive, DSD -2025-475 Submission No.: A 2025-118 Applicant: Activa Holdings c/o Alex Sumner Property Location: 630 Benninger Drive Legal Description: Block 132, Registered Plan 58M-642 Appearances: In Support: R. Wolff Contra: None Carried l Written Submissions: R. Ramsarran The Committee was advised the applicant requested minor variances to Zoning By-law 2019-051 to permit parking to overlap on a Unit and a Common Element Area in a Vacant Land Condominium whereas parking spaces must be located on the same lot as the use they serve; to permit a maximum parking requirement of 330 parking spaces (1.4 parking spaces per dwelling unit) rather than the maximum permitted 301 parking spaces (1.3 parking spaces per dwelling unit); to permit a 3.4m setback from the street line for parking, loading and drive aisles rather than the required 4.5m; to permit a minimum ground floor street line fagade width as a percent of the width of the abutting street to be 28% rather than the required 50%; and, to permit a minimum street line fagade opening of 23% rather than the required 50%, to facilitate the development of multiple residential development having 231 dwelling units and 6 commercial live -work units. The Committee considered Development Services Department report DSD -2025- 475, dated November 20, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 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 November 21, 2025, advising they have no concerns with the subject application. R. Wolff, MHBC Planning Ltd., was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of ACTIVA HOLDINGS INC c/o ALEX SUMNER requesting minor variances to permit parking to overlap on a Unit and a Common Element Area in a Vacant Land Condominium whereas parking spaces must be located on the same lot as the use they serve; to permit a maximum parking requirement of 330 parking spaces (1.4 parking spaces per dwelling unit) rather than the maximum permitted 301 parking spaces (1.3 parking spaces per dwelling unit); to permit a 3.4m setback from the street line for parking, loading and drive aisles rather than the required 4.5m; to permit a minimum ground floor street line n. fagade width as a percent of the width of the abutting street to be 28% rather than the required 50%; and, to permit a minimum street line fagade opening of 23% rather than the required 50%, to facilitate the development of multiple residential development having 231 dwelling units and 6 commercial live -work units, in accordance with Site Plan Application SPB25/070/B, on Block 132, Registered Plan 58M-642, 630 Benninger Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall receive `Conditional Approval' of Site Plan Application SPB25/070/B and ensure that all relined comments are resolved to the satisfaction of the Manager of Site Plans. 2. That the property owner shall obtain approval of a Landscape Plan, redlined to address the comments of Minor Variance Application A2025- 118, to the satisfaction of the Manager of Site Plans. 3. That the property owner shall provide documentation, to the satisfaction of the City Solicitor and the Director of Development and Housing Approvals, which demonstrates the shared parking spaces and access arrangements are in place for the lands subject to Minor Variance Application A 2025- 118. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City's website at www.kitchener.ca. 6.4 A 2025-119 - 455 Old Chicopee Trail, DSD -2025-480 Submission No.: A 2025-119 Applicant: Syed Badruddoza Carried 7 Property Location: 455 Old Chicopee Trail Legal Description: Lot 35, Plan 1664 Appearances: In Support: S. Khan Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a rear yard setback of 4.8m for an addition and a rear yard setback of 4.2m for a deck rather than the minimum required 7.5m to facilitate the construction of an addition and deck at the rear of the existing detached dwelling. The Committee considered Development Services Department report DSD -2025- 480, dated November 26, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 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 November 21, 2025, advising they have no concerns with the subject application. S. Khan was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of SYED BADRUDDOZA requesting minor variances to permit a rear yard setback of 4.8m for an addition and a rear yard setback of 4.2m for a deck rather than the minimum required 7.5m to facilitate the construction of an addition and deck at the rear of the existing detached dwelling, generally in accordance with drawings prepared by AEDP Group Inc., dated November 16, 2024, on Lot 35, Plan 1664, 455 Old Chicopee Trail, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 6.5 A 2025-122 - 117 Samuel Street, DSD -2025-489 Submission No.: A 2025-122 Applicant: Stephen J. Kay & Bradley Walman Property Location: 117 Samuel Street Legal Description: Part Lots 97 & 98, Plan 414 Appearances: In Support: B. Walman R. & P. Walman Contra: None Written Submissions: H. Eitzen The Committee was advised the applicant requested permission to expand a legal non -conforming use, a 5 -unit multiple dwelling, to recognize a multiple dwelling having 6 dwelling units and to recognize a parking area having 4 parking spaces rather than the required 6 spaces; to permit a motor vehicle on a parking space to encroach 4.1m into the 7m x 7m Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; to permit a 9 parking lot to have parking spaces that do not ingress and egress in a forward motion; to permit a parking lot to be setback Om from the westerly interior side lot line rather than the required 1.5m; to permit a parking space to have a length of 5.1 m rather than the required 5.5m; and, to permit a parking lot to be located in the front yard whereas the Zoning By-law does not permit parking lots in the front yard; and, to permit a parking lot to be setback Om from the front lot line (Krug Street) and 2.9m from the exterior side lot line (Samuel Street) rather than the required 3m setback. The Committee considered Development Services Department report DSD -2025- 489, dated November 27, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 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 November 21, 2025, advising they have no concerns with the subject application. B. Walman was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of STEPHEN J. KAY and BRADLEY WALMAN requesting permission to expand a legal non -conforming use, a 5 -unit multiple dwelling having a parking area of 3 parking spaces, to recognize a multiple dwelling having 6 dwelling units and to recognize a parking area having 4 parking spaces to have a motor vehicle on a parking space to encroach 4.1m into the 7m x 7m Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; to permit a parking lot to have parking spaces that do not ingress and egress in a forward motion; to permit a parking lot to be setback Om from the westerly interior side lot line rather than the required 1.5m; to permit a parking space to have a length of 5.1 m rather than the required 5.5m; and, to permit a parking lot to be located in the front yard whereas the Zoning By- law does not permit parking lots in the front yard; and, to permit a parking lot to be setback Om from the front lot line (Krug Street) and 2.9m from the exterior side lot line (Samuel Street) rather than the required 3m setback, in accordance with the drawings prepared by JR Design and Consultants, dated September 2025, Revision #2, on Part Lots 97 & 98, Plan 414, 117 Samuel Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 10 1. That the property owner shall demarcate the four (4) approved off-street parking spaces; as well as to clearly identify the asphalt area that is not used for parking, which is located along the Samuel Street flankage, to the satisfaction of the Manager, Development Approvals, and, 2. That the property owner shall complete the work, identified in Condition No. 1 above, by April 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 approval of this application is in the public interest as it will support gentle intensification and the City's Housing Pledge in a built form conducive to dwelling units. 2. The approval of this application will not create unacceptable or adverse impacts on the abutting properties. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City's website at www.kitchener.ca. 6.6 A 2025-123 - 20 Gildner Street, DSD -2025-490 Submission No.: A 2025-123 Applicant: 2454674 Ontario Inc. c/o Shaddi Fahel Property Location: 20 Gildner Street Legal Description: Lot 29, Part Lots 21 & 22, Plan 217 Appearances: In Support: S. Fahel Contra: None Written Submissions: None 11 The Committee was advised the applicant requested minor variances to permit a lot width of 12.3m rather than the minimum required 18m, and a lot area of 693.7sq.m. rather than the minimum required 700sq.m., to facilitate the development of 2 new dwelling units within an existing 3 -storey multiple dwelling having 10 dwelling units, for a total of 12 dwelling units on the subject property. The Committee considered Development Services Department report DSD -2025- 490, dated November 26, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 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 November 21, 2025, advising they have no concerns with the subject application. S. Fahel, JG Group, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of 2454674 ONTARIO INC c/o SHADDI FAHEL requesting minor variances to permit a lot width of 12.3m rather than the minimum required 18m, and a lot area of 693.7sq.m. rather than the minimum required 700sq.m., to facilitate the development of 2 new dwelling units within an existing 3 -storey multiple dwelling having 10 dwelling units, for a total of 12 dwelling units on the subject property, in accordance with Site Plan Application SPB/097/G, on Lot 29, Part Lots 21 & 22, Plan 217, 20 Gildner 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 considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information, please 12 review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried 6.7 A 2025-124 -131 Gage Avenue, DSD -2025-488 Submission No.: A 2025-124 Applicant: 1000794348 Ontario Inc Property Location: 131 Gage Avenue Legal Description: Part Lot 14, Plan 402; being Part 3 on Reference Plan 58R- 1135 Appearances: In Support: A. Zarkari M. Keyhani Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit an easterly interior side yard setback of 2.7m rather than the minimum required 3m; to permit a Floor Space Ratio (FSR) of 0.74 rather than the maximum permitted 0.6; and, to permit a front yard setback of 5.9m rather than the permitted 5.6m to facilitate the development of a 3 -storey multiple dwelling having 36 dwelling units, in accordance with 'Conditionally Approved' Site Plan Application SPF25/035/G. The Committee considered Development Services Department report DSD -2025- 488, dated November 26, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2025, advising they have no concerns with the subject application. 13 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 21, 2025, advising they have no concerns with the subject application. The Committee considered the written submission of Dentons provided on behalf of the Canadian National Railway Company (CN). T. Malone -Wright advised the Committee that Staff provided an addendum report this date in response to concerns outlined in a written submission provided by Dentons on behalf of CN. T. Malone -Wright summarized Staff's addendum report noting the requested minor variances relate to relief from zoning regulations for a minimum interior side yard setback, a maximum front yard setback, and a maximum Floor Space Ratio. As such, the variances are not requesting a reduced rear yard setback and the proposed development complies with all Zoning regulations. T. Malone -Wright further noted, the request for an FSR of 0.74 is permitted by the Official Plan through a Minor Variance Application rather than an Official Plan Amendment application. In addition, the subject property is currently designated Low Rise Residential in the City's Official Plan and zoned Low Rise Residential Five Zone (RES -5) in Zoning Bylaw 2019-051 which was established in consultation with CN. Lastly, T. Malone -Wright advised that Staff processed a Site Plan Application subject to conditions of approval from CN, which addresses concerns outlined in the written submission provided by Dentons. As such, Staff is of the opinion that through the related Site Plan Application, including conditions and planned features, the long-term viability of the adjacent rail facility will be protected thus, Staff recommend approval of the minor variance application. A. Zarkari and M. Keyhani were in attendance in support of the staff recommendation. In response to questions from the Committee regarding CN's concerns with noise, M. Keyhani noted a noise study was previously conducted and the applicant has hired a noise consultant who is collaborating with CN to address their concerns. The Committee expressed support of the Staff recommendation noting that based on Staff's submission this date, the concerns outlined in CN's written submission are being addressed through the Site Plan Application. A motion to approve the application was then brought forward by M. Gambetti, and seconded by A. Brennan. The motion was then voted on and was Carried. Moved by M. Gambetti Seconded by A. Brennan 14 That the application of 1000794348 ONTARIO INC requesting minor variances to permit an easterly interior side yard setback of 2.7m rather than the minimum required 3m; to permit a Floor Space Ratio (FSR) of 0.74 rather than the maximum permitted 0.6; and, to permit a front yard setback of 5.9m rather than the permitted 5.6m to facilitate the development of a 3 -storey multiple dwelling having 36 dwelling units, in accordance with 'Conditionally Approved' Site Plan Application SPF25/035/G, on Part Lot 14, Plan 402; being Part 3 on Reference Plan 58R-1135, 131 Gage 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 considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City's website at www.kitchener.ca. 6.8 A 2025-126 -1720 Glasgow Street, DSD -2025-487 Submission No.: A 2025-126 Applicant: Kitchener Baptist Church Property Location: 1720 Glasgow Street Legal Description: Part Lot 39; being Part 5 on Reference Plan 58R-6914 Appearances: In Support: L. Passmore Contra: None Written Submissions: None Carried 15 The Committee was advised the applicant requested permission for the enlargement or extension of a legal non -conforming use, a place of worship, to facilitate an addition to the existing building in a "Neighbourhood Industrial Employment Zone (EMP -1)" in Zoning By-law 2019-051. The Committee considered Development Services Department report DSD -2025- 487, dated December 3, 2025, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 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 November 21, 2025, advising they have no concerns with the subject application. L. Passmore, Frey Building Contractors, was in attendance in support of the staff recommendation. Moved by M. Melo Seconded by M. Gambetti That the application of KITCHENER BAPTIST CHURCH requesting permission for the enlargement or extension of a legal non -conforming use, a place of worship, to facilitate an addition to the existing building in a "Neighbourhood Industrial Employment Zone (EMP -1)" in Zoning By-law 2019-051, generally in accordance with drawings prepared by Wayne Long Architects, dated March 2004, on Part Lot 39; being Part 5 on Reference Plan 58R-6914, 1720 Glasgow Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The approval of this application is in the public interest. 2. The approval of this application will not create unacceptable or adverse impacts on the abutting properties. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information, please review the meeting minutes, which are available on the City's website at www.kitchener.ca. Carried W. 6.9 B 2025-032 - 776 Rockway Drive, DSD -2025-485 Submission No.: B 2025-032 Applicant: 2832516 Ontario Inc. c/o Tara Brouwer -Sutton Property Location: 776 Rockway Drive Legal Description: Lot 22, Plan 649 Appearances: In Support: R. Masri Contra: T. Livingstone L. Mark G. Georgiou E. Couch D. Kerr Written Submissions: T. Livingstone G. Georgiou L. Mark J. Cahill K. Greenwood L. Shantz D. & I. Kerr M. & S. Grogan The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.6m on Rockway Drive, a depth of 36.6m, and an area of 278.3sq.m. The retained land will also have a width of 7.6m on Rockway Drive, a depth of 36.6m, and an area of 277.9sq.m. The Consent Application will allow each half of a proposed Semi -Detached Dwelling having 3 Additional Dwelling Units (ADUs) (Attached) to be dealt with independently. The existing dwelling is proposed to be demolished. 17 The Committee considered Development Services Department report DSD -2025- 485, dated November 28, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2025, advising they have no concerns with this application, subject to a condition as outlined in the report. The Committee considered an addendum report of the Region of Waterloo recommending the Committee defer consideration of all consent applications on the agenda this date to allow an opportunity for the Region of Waterloo to investigate water capacity concerns in the subject area. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 21, 2025, advising they have no concerns with the subject application. The Committee considered several written submissions from the neighbourhood related to the subject application. In response to written submissions outlining opposition to the application, T. Malone -Wright clarified that the consent application is only for the purposes of financing and the proposed development will be addressed through the Site Plan application process. G. Stevenson further advised the Committee that the Region of Waterloo provided addendum comments this date requesting the Committee defer consideration of this application to investigate water capacity concerns that have been identified in the subject area. In response to questions from the Committee, G. Stevenson advised the Committee that a deferral of the application will allow Staff an opportunity to consult with the Region of Waterloo about the impact of the water capacity issue in relation to the subject consent application. T Livingstone, L. Mark and G. Georgiou provided comments in opposition to the application noting concerns that the proposed development will impact visibility, restrict parking and facilitate obstructions on the street on garbage collection days as there are no sidewalks in the subject area. R. Masri, Masri O Inc. Architects addressed the Committee in support of the application. R. Masri stated an opinion that some of the conditions proposed in the Staff recommendation are not relevant to the consent application as they would be addressed through the Engineering Submission or the Site Plan Application process. In response to questions from the Committee regarding the deferral request from the Region of Waterloo, R. Masri noted she is not opposed to a deferral to the January Committee meeting and advised she would consult In with Staff about her concerns with the proposed conditions prior to the January meeting. The Committee noted that it is unclear how much time the Region requires to investigate the water capacity concerns in the subject area and its' impact to the subject application. As such, the Committee stated preference to defer consideration of the application to the February 2026 meeting or sooner noting this motion would allow the application to be included on the January 2026 meeting agenda, should the Region provide revised comments to the Committee prior to that meeting. The following motion was then voted on and was Carried. Moved by M. Gambetti Seconded by M. Melo That the application of 2832516 ONTARIO INC. c/o TARA BROUWER-SUTTON requesting consent to sever a parcel of land having a width of 7.6m on Rockway Drive, a depth of 36.6m, and an area of 278.3sq.m. on Lot 22, Plan 649, 776 Rockway Drive, Kitchener, Ontario, BE DEFFERED, to the February 17, 2026 Committee of Adjustment meeting or sooner, to allow an opportunity for the Region of Waterloo to investigate water capacity concerns in the subject area. 6.10 B 2025-033 -104 Brentwood Avenue, DSD -2025-486 Submission No.: B 2025-033 Applicant: V. Suon Property Location: 104 Brentwood Avenue Legal Description: Lot 158, Plan 651 Appearances: In Support: R. Masri Contra: None Written Submissions: None Carried 19 The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.6m on Brentwood Avenue, a depth of 36.6m, and an area of 277.9sq.m. The retained land will also have a width of 7.6m on Brentwood Avenue, a depth of 36.6m, and an area of 277.9sq.m. The Consent Application will allow each half of a proposed Semi -Detached Dwelling having 3 Additional Dwelling Units (ADUs) (Attached) to be dealt with independently. The existing dwelling is proposed to be demolished. The Committee considered Development Services Department report DSD -2025- 486, dated November 24, 2025, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 18, 2025, advising they have no concerns with this application, subject to a condition as outlined on the report. The Committee considered an addendum report of the Region of Waterloo recommending the Committee defer consideration of all consent applications on the agenda this date to allow an opportunity for the Region of Waterloo to investigate water capacity concerns in the subject area. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 21, 2025, advising they have no concerns with the subject application. T. Malone -Wright advised the Committee that the Region of Waterloo provided addendum comments this date requesting the Committee defer consideration of this application to investigate water capacity concerns that have been identified in the subject area. R. Masri, Masri O Inc. Architects, was in attendance in support of the application noting concerns that some of the conditions proposed in the Staff recommendation are not relevant to the consent application. In response to questions from the Committee regarding the recommendation for deferral of the application, R. Masri noted she is not opposed to a deferral to the January Committee meeting and advised she would consult with Staff about her concerns with the proposed conditions prior to the January meeting. The Committee noted that it is unclear how much time the Region requires to investigate the water capacity concerns in the subject area and its' impact to the subject application. As such, the Committee stated preference to defer consideration of the application to the February 2026 meeting or sooner noting this motion would allow the application to be included on the January 2026 20 meeting agenda, should the Region provide revised comments to the Committee prior to that meeting. The following motion was then voted on and was Carried. Moved by M. Gambetti Seconded by A. Brennan That the application of VEASNA SUON requesting consent to sever a parcel of land having a width of 7.6m on Brentwood Avenue, a depth of 36.6m, and an area of 277.9sq.m., on Lot 158, Plan 651, 104 Brentwood Avenue, Kitchener, Ontario, BE DEFFERED, to the February 17, 2026 Committee of Adjustment meeting or sooner, to allow Staff an opportunity to allow an opportunity for the Region of Waterloo to investigate water capacity concerns in the subject area. Carried 6.11 B 2025-034, B 2025-035 & A 2025-127 - 67 & 71 Blucher Street (Severed Parcel), DSD -2025-491 Submission No.: B 2025-034, B 2025-035 &A 2025-127 Applicant: 67-71 Blucher Inc. Property Location: 67-71 Blucher Street Legal Description: Lot 16, Plan 328, Part Lot 4, Plan 399; being Part 1 on Reference Plan 58R-21885 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever an irregular shaped parcel of land, municipally addressed as 71 Blucher Street, having a width of 5.8m, a depth of 108.8m and an area of 2,127.4sq.m.; and, to create an easement on the severed land having an approximate width of 6m and a depth of 110m for the purposes of shared access and parking in favour of 67 Blucher Street; and, to create an easement on the retained land having an 21 approximate width of 6m and a depth of 110m, for the purposes of shared access and parking in favour of 71 Blucher Street. Minor variances are also being requested to permit the severed land to have a lot width of 5.8m rather than the minimum required 19m, a rear yard of 3.2m rather than the minimum required 6m and an interior side yard setback of 3m (adjacent to 79 Blucher Street) rather than the minimum required 4.5m, to facilitate the severance from 67 Blucher Street and to recognize the lot and setbacks of the severed land. The Committee considered Development Services Department report DSD -2025- 491, dated November 26, 2025 recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 24, 2025, and, November 18, 2025, advising they have no concerns with this application, subject to conditions as outlined in the report. The Committee considered an addendum report of the Region of Waterloo recommending the Committee defer consideration of all consent applications on the agenda this date to allow an opportunity for the Region of Waterloo to investigate water capacity concerns in the subject area. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 21, 2025, advising they have no concerns with the subject application. T. Malone -Wright advised the Committee that the Region of Waterloo provided addendum comments this date requesting the Committee defer consideration of this application to investigate water capacity concerns that have been identified in the subject area. K. Barisdale, GSP Group Inc., was in attendance in support of the applications. In response to questions from the Committee regarding deferral of the subject applications, K. Barisdale noted the consent applications are only for the purpose of financing as such water capacity issues likely do not have a bearing on the approval of the consent requests. In response to questions from the Committee, G Stevenson noted that Staff do not have sufficient information regarding the impact of the water capacity concerns in relation to the subject applications, as such, it would be advisable for the Committee to defer consideration of the application to February 2025, or sooner. The following motions were then voted on and were Carried. Submission No. B 2025-034 22 Moved by M. Gambetti Seconded by M. Melo That the application of 67-71 BLUCHER INC c/o MARKO PODOBNIK requesting permission to sever a parcel of land having a lot width of 5.8m on Blucher Street, a depth of 108.8m, and an area of 2127.4sgm and to create an easement having an approximate width of 6m and a depth of 110m, for the purposes of shared access and parking, in favour of 67 Blucher Street, on Lot 16, Plan 328 and Part Lot 4, Plan 399; being Part 1 on Reference Plan 58R-21885, 71 Blucher Street, Kitchener, Ontario, BE DEFFERED, to the February 17, 2026 Committee of Adjustment meeting or sooner, to allow an opportunity for the Region of Waterloo to investigate water capacity concerns in the subject area.. Carried Submission No. B 2025-035 Moved by M. Gambetti Seconded by M. Melo That the application of 67-71 BLUCHER INC c/o MARKO PODOBNIK requesting permission to create an easement having an approximate width of 6m and a depth of 110m, for the purposes of shared access and parking in favour of 71 Blucher Street, on Lot 16, Plan 328 and Part Lot 4, Plan 399; being Part 1 on Reference Plan 58R-21885, 67 Blucher Street, Kitchener, Ontario, BE DEFFERED, to the February 17, 2026 Committee of Adjustment meeting or sooner, to allow an opportunity for the Region of Waterloo to investigate water capacity concerns in the subject area. Carried Submission No. A 2025-127 That the application of 67-71 BLUCHER INC c/o MARKO PODOBNIK requesting minor variances to permit the proposed severed land to have a lot width of 5.8m rather than the minimum required 19m, a rear yard of 3.2m rather than the minimum required 6m and an interior side yard setback of 3m (adjacent to 79 Blucher Street) rather than the minimum required 4.5m, to facilitate the severance from 67 Blucher Street and to recognize the lot and setbacks of the severed parcel municipally addressed as 71 Blucher Street, generally in accordance with drawings prepared by GSP Group, dated October 24, 2025, on 23 Lot 16, Plan 328 and Part Lot 4, Plan 399; being Part 1 on Reference Plan 58R- 21885, 67 Blucher Street, Kitchener, Ontario, BE DEFFERED, to the February 17, 2026 Committee of Adjustment meeting or sooner, to allow an opportunity for the Region of Waterloo to investigate water capacity concerns in the subject area. 6.12 B 2025-036 - 25 Breithaupt Street (WITHDRAWN) This application was withdrawn thus, was not considered by the Committee. 7. ADJOURNMENT On motion, the meeting adjourned at 11:39 a.m. Marilyn Mills Secretary -Treasurer Committee of Adjustment 24