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HomeMy WebLinkAboutCA Minutes - 2026-01-20 Committee of Adjustment Committee Minutes January 20, 2026, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: B. Santos, Chair B. McColl, Member A. Brennan, Member M. Melo, Member M. Gambetti, Member Staff: T. Malone-Wright, Manager, Development Approvals S. Hajgato, Transport Planning Analyst M. Mills, Committee Coordinator _____________________________________________________________________ 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 December 9, 2025, as circulated to the members, be accepted." Carried 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3.1 A. Brennan - A 2026-001 - 532 Courtland Avenue East, DSD-2026-019 1 A. Brennan declared a pecuniary interest with respect to minor variance application A 2026-001 - 532 Courtland Avenue East, DSD-2026-019, on the agenda this date due to their employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter. 3.2 A. Brennan - A 2026-002 - 546 Courtland Avenue East, DSD-2026-020 A. Brennan declared a pecuniary interest with respect to minor variance application A 2026-002 - 546 Courtland Avenue East, DSD-2026-020, on the agenda this date due to their employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 B 2025-032 - 776 Rockway Drive, DSD-2025-485 This matter was not considered this date. At the request of Staff, this matter was rescheduled to the February 17, 2026 Committee of Adjustment meeting in accordance with the Committee's deferral decision on December 9, 2025. 5.2 B 2025-033 - 104 Brentwood Avenue, DSD-2025-486 This matter was not considered this date. At the request of Staff, this matter was rescheduled to the February 17, 2026 Committee of Adjustment meeting in accordance with the Committee's deferral decision on December 9, 2025. 5.3 B 2025-034, B 2025-035 & A 2025-127 - 67 & 71 Blucher Street (Severed Parcel), DSD-2026-036 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 2 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 is proposed to be developed with 10 townhouse dwelling units. The retained land, municipally addressed as 67 Blucher Street, will be irregular in shape, having a width of 26.8m a depth of 108.8m and an area of 1,594.6sq.m. and is proposed to be developed with 4 townhouse dwelling units. Consent is also being requested 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, servicing and parking in favour of 67 Blucher Street; and, to create an easement on the retained land 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. 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 addendum report, DSD-2026-036, dated January 8, 2026, and report DSD-2025-491, dated November 26, 2025, recommending approval subject to conditions as outlined in the reports. 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 the report of the Grand River Conservation Authority Resource Planning Technician dated November 21, 2025, advising they have no concerns with the subject application. K. Barisdale, GSP Group Inc., was in attendance in support of the staff recommendation. Submission No. B 2025-034 Moved by M. Gambetti Seconded by M. Melo 3 That the application of 67-71 BLUCHER INC 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 2127.4sqm and to create an easement having an approximate width of 6m and a depth of 110m, for the purposes of shared servicing, 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 APPROVED, subject to the following conditions: 1. That Minor Variance Application A 2025-127 receive final approval. 2. transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 3. 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 4. 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 one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the 5. 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 existing building/foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. Failure to comply with the Zoning By-law may result in 6. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall Development Applications: 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 4 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. 7. roved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 8. bicycle parking spaces on the severed lands to the satisfaction of the Director of Development and Housing Approvals. 9. Approvals, that the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of title to the severed and retained lands, which shall include the following: a. That prior to initiation of any site development works, grading or issuance of a Demolition and/or Building Permit the property owner shall agree to submit and receive approval of a Site Plan to the minimum, the proposed changes to the lot size and any associated changes to the operation and/or functioning of the site. Should a Site Plan be approved pursuant to Section 41 of the Planning Act condition prior to the Certificate of Consent being issued, then the above noted condition shall be deemed to have been waived, and no related agreement shall be required to be prepared or registered on title. 10. elopment and Housing Approvals, the property owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the which shall include the following: 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. 5 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 prior approval of the C c. The property owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 11. That the property owner shall: a. Complete a Building Code Assessment for the existing dwellings proposed to be retained on the Severed and Retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies Building Official. The assessment shall address items such as, but not include recommendations such as closing in of openings pending spatial separation calculation results. b. A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 12. 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. 13. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and of Engineering Services, prior to deed endorsement. 14. 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. 15. That property owner shall ensure any new driveways are to be built to City occupancy of the building to the satisfaction Engineering Services. 6 16. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction t the case, then the property owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property Services. 17. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 18. 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 considered and ta-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 2025-035 7 Moved by M. Gambetti Seconded by: M. Melo That the application of 67-71 BLUCHER INC requesting permission to create an easement having an approximate width of 6m and a depth of 110m, for the purposes of shared servicing, 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 APPROVED, subject to the following conditions: 1. That Minor Variance Application A 2025-127 receive final approval. 2. shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 3. 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 4. 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 one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the g Technologist. 5. 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 existing building/foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. Failure to comply with the Zoning By-law may result in 6. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall Development Applications: a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed 8 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. 7. g to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 8. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. 9. 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. 9 Submission No. B 2025-035 Moved by M. Gambetti Seconded by M. Melo That the application of 67-71 BLUCHER INC requesting minor variances to permit the severed land (created through consent application B 2025-034) to have a lot width of 5.8m rather than the minimum required 19m, a rear yard setback 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 Lot 16, Plan 328 and Part Lot 4, Plan 399; being Part 1 on Reference Plan 58R-21885, 71 Blucher 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. 6. NEW BUSINESS 6.1 A 2026-001 - 532 Courtland Avenue East, DSD-2026-019 Submission No.: A 2026-001 Applicant: Freure Promontory Inc., c/o David Freure Property Location: 532 Courtland Avenue East Legal Description: Lot 3, Plan 692 Appearances: In Support: 10 N. Bogaert Contra: C. Howitt Written Submissions: R. Grant C. & J. Howitt (A. Brennan declared a pecuniary interest with respect to minor variance application A 2026-001 - 532 Courtland Avenue East, DSD-2026-019, on the agenda this date due to their employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter.) A. Brennan left the meeting at this time. The Committee was advised the applicant requested minor variances to permit parking spaces and drive aisles not to be located entirely behind the area on the ground floor devoted to the permitted multiple dwelling use for the entire length of the street line façade, whereas the Zoning By-law requires parking and drive aisles to be located entirely behind the area on the ground floor devoted to the multiple dwelling use for the entire length of the street line façade, except for access; and, to permit a building with 5-10 units to have a depth of 30.5m rather than the maximum permitted 24m, to facilitate the construction of a 3-storey multiple dwelling having 5 dwelling units. The Committee considered Development Services Department report DSD-2026- 019, dated January 14, 2026, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 9, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 31, 2025, advising they have no concerns with the subject application subject to conditions as outlined in the report. The Committee considered a written submission from neighbouring property owners related to the subject application. N. Bogaert, MHBC Planning Ltd., was in attendance in support of the staff recommendation. 11 C. Howitt was in attendance in opposition to the application noting concerns with increased flooding on his property and possible damage to trees. In response, T. Malone Wright noted Staff are proposing a condition for a Tree Management Plan requiring the property owner demonstrate tree protection measures for trees potentially impacted on or adjacent to the subject land. Further, the GRCA is requiring a condition for a Topographic Survey, a Grading Plan, Building Plans and Cross Sections demonstrating minimized impacts to the floodplain. Moved by M. Gambetti Seconded by M. Melo That the application of FREURE PROMONTORY INC c/o DAVID FREURE requesting minor variances to permit parking spaces and drive aisles not to be located entirely behind the area on the ground floor devoted to the permitted multiple dwelling use for the entire length of the street line façade, whereas the Zoning By-law requires parking and drive aisles to be located entirely behind the area on the ground floor devoted to the multiple dwelling use for the entire length of the street line façade, except for access; and, to permit a building with 5-10 units to have a building length of 30.5m rather than the maximum permitted 24m, to facilitate the construction of a 3-storey multiple dwelling having 5 dwelling units, generally in accordance with drawings prepared by Freure Homes, dated May 16, 2025, on Lot 3, Plan 692, 532 Courtland Avenue East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That prior to any site alteration or issuance of a Demolition Permit, the property owner shall submit a Plan, prepared by a qualified consultant, to the satisfaction and approval the following: a. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; b. the location of any existing buildings or structures to be removed or relocated; c. the proposed grades and drainage; d. 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; e. justification for any trees to be removed; and 12 f. outline tree protection measures for trees to be preserved; and g. building elevation drawings. h. If necessary, the plan shall include required mitigation and/or compensation measures. i. That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any Demolition and/or Building permits shall be in compliance with the approved plan. Any Manager, Site Plans. 2. That prior to any site alteration or issuance of a Demolition Permit, the property owner shall submit the following to the satisfaction of the Grand River Conservation Authority (GRCA). a. A Topographic Survey, completed by an Ontario Licensed Surveyor, and showing the extent of the Regulatory Floodplain Elevation (RFE) b. A Grading Plan, showing the post-development extent of the Regulatory Floodplain Elevation (RFE) and sufficiently floodproofing the building and driveway. c. Building Plans and Cross-Sections (i.e. a revised version of building plan A11), showing metric geodetic floor elevations, and with all floor space above the Regulatory Floodplain Elevation (RFE). d. Submit payment of the GRCA Review Fee of $300.00. e. The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit from the Grand River Conservation Authority. 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. 13 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 min www.kitchener.ca. Carried 6.2 A 2026-002 - 546 Courtland Avenue East, DSD-2026-020 Submission No.: A 2026-002 Applicant: Freure Promontory Inc., c/o David Freure Property Location: 546 Courtland Avenue East Legal Description: Lot 7, Plan 692 Appearances: In Support: N. Bogaert Contra: C. Howitt Written Submissions: R. Grant C. & J. Howitt (A. Brennan declared a pecuniary interest with respect to minor variance application A 2026-002 - 546 Courtland Avenue East, DSD-2026-020, on the agenda this date due to their employment. Accordingly, A. Brennan did not participate in any discussion or vote regarding this matter.) A. Brennan was not in the meeting at this time. The Committee was advised the applicant requested minor variances to permit a drive aisle width of 5.3m rather than the required 6m; to permit parking spaces and drive aisles not to be located entirely behind the area on the ground floor devoted to the permitted multiple dwelling use for the entire length of the street line façade whereas the Zoning By-law requires parking and drive aisles to be located entirely behind the area on the ground floor devoted to the multiple 14 dwelling use for the entire length of the street line façade, except for access; and, to permit a building with 5-10 units to have a depth of 36.7m rather than the maximum permitted 24m, to facilitate the construction of a 3-storey multiple dwelling having 7 dwelling units. The Committee considered Development Services Department report DSD-2026- 020, dated January 14, 2026, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 9, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 31, 2025, advising they have no concerns with the subject application subject to conditions as outlined in the report. The Committee considered a written submission from neighbouring property owners related to the subject application. N. Bogaert, MHBC Planning Ltd., was in attendance in support of the staff recommendation. C. Howitt was in attendance in opposition to the application noting the same concerns he expressed in the prior matter related risks of increased flooding and damage to trees. T. Malone Wright noted that similar to the prior matter Staff are proposing a condition for a Tree Management Plan requiring the property owner demonstrate tree protection measures for trees potentially impacted on or adjacent to the subject land. Additionally, the GRCA is requiring a condition for a Topographic Survey, a Grading Plan, Building Plans and Cross Sections demonstrating minimized impacts to the floodplain. Moved by M. Melo Seconded by M. Gambetti That the application of FREURE PROMONTORY INC c/o DAVID FREURE requesting minor variances to permit a drive aisle width of 5.3m rather than the required 6m; to permit parking spaces and drive aisles not to be located entirely behind the area on the ground floor devoted to the permitted multiple dwelling use for the entire length of the street line façade whereas the Zoning By-law requires parking and drive aisles to be located entirely behind the area on the ground floor devoted to the multiple dwelling use for the entire length of the street line façade, except for access; and, to permit a building with 5-10 units to have a 15 length of 36.6m rather than the maximum permitted 24m, to facilitate the construction of a 3-storey multiple dwelling having 6 dwelling units, generally in accordance with drawings prepared by Freure Homes, dated November 10, 2025, on Lot 7, Plan 692, 546 Courtland Avenue East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That all conditions of Consent Application B 2025-021 be satisfied and that the Certificate of the Official is issued. The property owner shall provide final documentation of the conveyance of the lot addition to 265 Bedford Road. 2. That the property owner shall submit a Plan, prepared by a qualified Plans showing the following: a. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; b. the location of any existing buildings or structures to be removed or relocated; c. the proposed grades and drainage; d. 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; e. justification for any trees to be removed; and f. outline tree protection measures for trees to be preserved; and g. building elevation drawings. h. If necessary, the plan shall include required mitigation and/or compensation measures. i. That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any Demolition and/or Building permits shall be in compliance with the approved plan. Any changes or revisions to the plan requ Manager, Site Plans. 16 3. That prior to any site alteration or issuance of a Demolition Permit, the property owner shall submit the following to the satisfaction of the Grand River Conservation Authority (GRCA). a. A Topographic Survey, completed by an Ontario Licensed Surveyor, and showing the extent of the Regulatory Floodplain Elevation (RFE) b. A Grading Plan, showing the post-development extent of the Regulatory Floodplain Elevation (RFE) and sufficiently floodproofing the building and driveway. c. Building Plans and Cross-Sections (i.e. a revised version of building plan A11), showing metric geodetic floor elevations, and with all floor space above the Regulatory Floodplain Elevation (RFE). d. Submit payment of the GRCA Review Fee of $300.00. e. The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit from the Grand River Conservation Authority. 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 6.3 A 2026-003 - 4417 King Street East, DSD-2026-025 17 Submission No.: A 2026-003 Applicant: In8 Developments c/o Nathan Tzianas Property Location: 4417 King Street East Legal Description: Con Beasley's Broken Front Part Lot 8 Appearances: In Support: C. Tsimenidis D. Firsten Contra: None Written Submissions: None A. Brennan re-entered the meeting at this time. The Committee was advised the applicant requested a minor variance to permit a 'Car Wash' as a permitted use in the 'Mid Rise Growth (SGA-2)' Zone Category, whereas a 'Car Wash' use is not a permitted use within the 'SGA-2' Zone. The Committee considered Development Services Department report DSD-2026- 025, dated January 6, 2026, recommending refusal as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 9, 2026, advising they have a concern with the subject application regarding the water servicing capacity within the Mannheim Service Area. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 31, 2025, advising they have no concerns with the subject application. T. Malone Wright advised the Committee that Staff are recommending refusal of - Zone. T. Malone Wright noted that within Zoning 2019-- - 18 Together East Zoning By-law Amendment is currently under appeal, Staff are dual testing planning applications under both zoning categories. C. Tsimenidis, Up Consulting and D. Firsten, In8 Developments, were in attendance in opposition to the staff recommendation noting the proposed car wash is an interim use as the property is intended to be developed with a high rise residential building when market conditions are favourable, as such, the car wash use does not preclude the site from future intensification. C. Tsimenidis indicated the proposed car wash is consistent with existing commercial uses on King Street East. D. Firsten further advised, a high-rise building is intended to be constructed following the completion of stage 2 of the Light Rail Transit. As such, the property owner seeks to develop that land so it does not remain vacant in the interim. In response to questions from the Committee, D. Firsten noted the property was purchased after Council approved the new zoning of the property thus, the property owner did not have the ability to appeal the rezoning approved in 2025. In response to questions from the Committee regarding the Region of Waterloo water servicing capacity within the Mannheim Service Area, T. Malone Wright noted the Region advised in their comments that it is unclear if this application will result in an impact on the water supply and advised the Committee make a decision consistent with section 3.6 of the Provincial Planning Statement, 2024 (PPS) relating to water services. T. Malone Wright further advised the application does not meet Provincial Policy and the four tests of the Planning Act. The Committee noted the property owner shares the same long-term vision for intensification in this area however, the short term car wash use does not align with the future direction of the SGA-2 zone. Further, as the car wash is not an existing use on the property it would not appropriate to approve a new unpermitted use. The Committee stated that, as the proposed car wash use does not meet the four tests of the Planning Act and goes against the intent of the Official Plan, they are not in favour of approving the application. Moved by M. Gambetti Seconded by B. McColl That the application of NATHAN TZIANAS requesting a minor variance to permit a 'Car Wash' as a permitted use in the 'Mid Rise Growth (SGA-2)' Zone Category, whereas a 'Car Wash' use is not a permitted use within the 'SGA-2' Zone, on Con Beasley's Broken Front Part Lot 8, 4417 King Street East, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 19 1. The variance requested in this application is not minor. 2. This application is not desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is not being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.4 A 2026-004 - 37 Heiman Street, DSD-2026-027 Submission No.: A 2026-004 Applicant: Shanaya Ventures Inc. c/o Sharath Samudrala Property Location: 37 Heiman Street Legal Description: Part Lot 44, Tract German Company Subdivision Lot 18; being Part 1 on Reference Plan 58R-20182 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a parking area to be located 0.5m from the westerly side lot line rather than the required 1.5m; to permit a lot width of 14.2m rather than the required 19m; and, to permit a southerly side yard setback of 2.3m rather than the required 3m to facilitate the development of a 3-storey multiple dwelling having 6 dwelling units. The Committee considered Development Services Department report DSD-2026- 027, dated January 5, 2026, recommending deferral to the June 2026 meeting or sooner as outlined in the report. 20 The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 9, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 31, 2025, advising they have no concerns with the subject application subject to conditions as outlined in the report. 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 February 17, 2026 Committee of Adjustment meeting. The motion was seconded by M. Gambetti, was then voted on and was Carried. Moved by B. McColl Seconded by M. Gambetti That the application of SHANAYA VENTURES INC. c/o SHARATH SAMUDRALA requesting minor variances to permit a parking area to be located 0.5m from the westerly side lot line rather than the required 1.5m; to permit a lot width of 14.2m rather than the required 19m; and, to permit a southerly side yard setback of 2.3m rather than the required 3m on Part Lot 44, Tract German Company Subdivision Lot 18; being Part 1 on Reference Plan 58R-20182, 37 Heiman Street, Kitchener, Ontario, BE DEFERRED to the February 17, 2026 Committee of Adjustment meeting to allow the applicant an opportunity to represent the application. Carried 6.5 A 2026-005 - 1541 Fischer Hallman Road, DSD-2026-031 Submission No.: A 2026-005 Applicant: City of Kitchener c/o Erin Marriott Property Location: 1541 Fischer Hallman Road Legal Description: Part Lot 155, German Company Tract Appearances: In Support: E. Marriott R. Meaney 21 M. Trussell Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a lot area of 21.9 hectares rather than the required 40 hectares; and, a lot width of 243.8m rather than the minimum required 300m to facilitate the construction of a new maintenance building for the Williamsburg Cemetery. The Committee considered Development Services Department report DSD-2026- 031, dated January 6, 2026, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 9, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 2, 2026, advising they have no concerns with the subject application. E. Marriott, City of Kitchener and R. Meaney, mcCallumSather, were in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of CITY OF KITCHENER c/o ERIN MARRIOTT requesting a minor variance to permit a lot area of 21.9 hectares rather than the required 40 hectares; and, a lot width of 243.8m rather than the minimum required 300m to facilitate the construction of a new maintenance building for the Williamsburg Cemetery, generally in accordance with drawings prepared by mcCallumSather, dated November 27, 2025, on Part Lot 155, German Company Tract, 1541 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 22 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 6.6 A 2026-006 - 235 Hoffman Street, DSD-2026-018 Submission No.: A 2026-006 Applicant: George Stathopoulos Property Location: 235 Hoffman Street Legal Description: Part Lot 26, Plan 384 Appearances: In Support: J. Massecar Contra: None Written Submissions: None The Committee was advised the applicant requested permission to expand a 'Legal Non-Conforming Use', a Single Detached Dwelling, to a Single Detached Dwelling with 2 ADUs (Attached) (Triplex); and, to permit a driveway width of 14.83m (88.3% of the lot width) rather than the maximum permitted 6.7m (40% of the lot width), to facilitate the conversion of a Single Detached Dwelling to a Triplex Dwelling. The Committee considered Development Services Department report DSD-2026- 008, dated December 30, 2026, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 9, 2026, advising they have no concerns with the subject application. 23 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 31, 2025, advising they have no concerns with the subject application. T. Malone Wright noted Staff are recommending refusal of the proposed driveway width of 14.83m (88.3% of the lot width) as the proposed four parking spaces exceeds the minimum required two spaces. It was further noted that Transportation Planning Staff reviewed the application and advised, the two additional parking spaces do not function appropriately on this lot as it does not support any vehicle movement. J. Massecar, MW Drafting & Design Inc., was in attendance in support of the staff recommendation for approval of the expansion of the 'Legal Non-Conforming Use', however noted opposition to the recommendation for refusal of the proposed driveway width. J. Massecar stated the proposed driveway width is consistent with the character of properties on the street such as 492 Hoffman Street where there is a 10.16m curb cut and 206 Hoffman Street where there is a 9.21m curb cut. J. Massecar noted the proposed curb cut for the subject property is narrower than those properties to minimize visual impact. In response to the comments provided by Transportation Staff, J. Massecar requested the Committee consider imposing a condition requiring parking to be reconfigured with a wider curb cut. Lastly, J. Massecar stated the proposed 2 ADUs aligns with the City's housing pledge as it is a gentle form of intensification, it is in the public interest and has no adverse or unacceptable impacts. In response to questions from the Committee regarding the purpose of constructing two additional parking spaces, J. Massecar explained the property owner anticipates future tenants will require parking at the property. It was requested that the Committee vote on the Staff recommendations separately. B. McColl brought forward a motion to approve the Staff recommendation to permit the expansion of a 'Legal Non-Conforming Use', a Single Detached Dwelling, to a Single Detached Dwelling with 2 ADUs (Attached) (Triplex). The motion was seconded by M. Gambetti, was then voted on and was Carried. In response to questions from the Committee regarding removal of the existing garage to facilitate additional parking, J. Massecar noted the property owner prefers to maintain the garage for storage. Further, it was noted, use of the garage for parking will not accommodate four parking spaces neither will it be an ideal parking configuration for a multi-residential use. 24 In response to further questions from the Committee, J. Massecar noted he is amenable to deferral of the Committee decision to a later meeting date to allow an opportunity for a new parking configuration to be proposed to the satisfaction of the City. T. Malone Wright advised the Committee that Staff have worked with the applicant to identify alternative parking configurations, and the options are limited. Further, appropriate parking configurations will require additional variances which Staff have advised the applicant is not supported in low rise residential areas. In response to additional questions from the Committee, T. Malone Wright clarified, the definition of parking lot is four or more parking spaces and one of the reasons a hammerhead-turning area is required at this property is to allow cars to exit in a forward motion. By widening the driveway at the street, cars may be exiting in a backward motion which is not permitted in a parking lot. As such, additional variances will be required if 4 parking spaces are permitted at this property. The Committee noted their lack of support for approving the requested driveway width as the parking configuration is not functional and will require removal of green space and a large tree. B. McColl brought forward a motion to refuse the requested driveway width of 14.83m (88.3% of the lot width) rather than the maximum permitted 6.7m (40% of the lot width) which was seconded by M. Gambetti. The motion to refuse the variance for the driveway was then voted on and was Carried. It was noted, as a result of the motion to refuse the driveway width of 14.83m being Carried, the requested driveway width has been refused. Moved by B. McColl Seconded by M. Gambetti That the application of GEORGE STATHOPOULOS requesting permission to expand a 'Legal Non-Conforming Use', a Single Detached Dwelling, to a Single Detached Dwelling with 2 ADUs (Attached) (Triplex), generally in accordance with drawings prepared by MW Drafting and Design Inc., dated December 15, 2025, on Part Lot 26, Plan 384, 235 Hoffman Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 25 2. This variance requested 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. Moved by B. McColl Seconded by M. Gambetti That the application of GEORGE STATHOPOULOS requesting a minor variance to permit a driveway width of 14.83m (88.3% of the lot width) rather than the maximum permitted 6.7m (40% of the lot width), to facilitate the conversion of a Single Detached Dwelling to a Triplex Dwelling, generally in accordance with drawings prepared by MW Drafting and Design Inc., dated December 15, 2025, on Part Lot 26, Plan 384, 235 Hoffman Street, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor. 2. This variance requested is not desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account -making process with respect to the subject application. For more information, please www.kitchener.ca. 6.7 A 2026-007 - 56 Woolwich Street, DSD-2026-037 Submission No.: A 2026-007 Applicant: Samantha Burke & Steven Fournier Property Location: 56 Woolwich Street Legal Description: Part Lot 59, German Company Tract 26 Appearances: In Support: N. McNamara Contra: None Written Submissions: None The Committee was advised the applicant requested minor variances to permit a northerly exterior side yard setback of 1.6m rather than the minimum required 4.5m to recognize the location of the existing dwelling; and, to permit a proposed 2nd storey dormer to have a northerly exterior side yard setback of 1.8m rather than the minimum required 4.5m, to facilitate the construction of a dormer over an existing staircase to the attic. The Committee considered Development Services Department report DSD-2026- 037, dated January 8, 2026, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 9, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 31, 2025, advising they have no concerns with the subject application. N. McNamara, Eagleview Construction, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by M. Melo That the application of SAMANTHA BURKE and STEVEN FOURNIER requesting minor variances to permit a northerly exterior side yard setback of 1.6m rather than the minimum required 4.5m to recognize the location of the existing dwelling; and, to permit a proposed 2nd storey dormer to have a northerly exterior side yard setback of 1.8 m rather than the minimum required 4.5 m, to facilitate internal stairway access to the attic, generally in accordance with drawings prepared by Eagleview Construction, dated October 2025, Part Lot 27 59, German Company Tract, 56 Woolwich Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.8 A 2026-008 - 14 Sportsman Hill Street, DSD-2026-028 Submission No.: A 2026-008 Applicant: Mustufa Swalah and Saboohi Swalah Property Location: 14 Sportsman Hill Street Legal Description: Lot 6, Plan 58M-615 Appearances: In Support: H. Singh Contra: None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a westerly side yard setback of 0.1m rather than the required 0.5 m to legalize the existing steps in the side yard and to facilitate an Additional Dwelling Unit (ADU) (Attached) (Duplex). 28 The Committee considered Development Services Department report DSD-2026- 028, dated January 7, 2026, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 9, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated December 31, 2025, advising they have no concerns with the subject application. H. Singh, Ace Construction, was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of MUSTUFA SWALAH and SABOOHI SWALAH requesting a minor variance to permit a westerly side yard setback of 0.1m rather than the required 0.5 m to legalize the existing steps in the side yard and to facilitate an Additional Dwelling Unit (ADU) (Attached) (Duplex), in accordance with the drawings prepared by Prism Design Space, dated November 13, 2025, on Lot 6, Plan 58M-615, 14 Sportsman Hill 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 review the meeting minu www.kitchener.ca. Carried 7. ADJOURNMENT On motion, the meeting adjourned at 11:21 a.m. 29 Marilyn Mills Secretary-Treasurer Committee of Adjustment 30