Loading...
HomeMy WebLinkAboutCA Minutes - 2026-02-17 Committee of Adjustment Committee Minutes February 17, 2026, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present:B. Santos, Member B. McColl, Member A. Brennan, Member M. Melo, Member M. Gambetti, Member Staff: T. Malone-Wright, Manager, Development Approvals D. Seller, Transportation Services M. Mills, Committee Coordinator C. Owen, Administrative Clerk _____________________________________________________________________ 1. COMMENCEMENT The Committee of Adjustment met this date commencing at 10:00 a.m. 2. MINUTES Moved by B. McColl Seconded by M. Gambetti "That the regular minutes of the Committee of Adjustment meeting held January 20, 2026, 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 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: A. Bansal D. Arcot Contra: None Written Submissions: T. Loree 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 recommending deferral until August 18, 2026 or sooner to allow the applicant/property owner time to prepare a Scoped Environmental Impact Study and Tree Management and Enhancement Plan; and, to satisfy the conditions of the Grand River Conservation Authority noted in their comments dated December 31, 2025. 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 2 concerns with the subject application subject to conditions as outlined in the report. A. Bansal, Khalsa Design Inc., was in attendance is support of the staff recommendation for a deferral and requested the Committee extend the deferral to August 2026 or sooner to allow sufficient time for the Scoped Environmental Impact Study (EIS) and Tree Management and Enhancement Plan (TMEP) to be completed. 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 to facilitate the development of a 3-storey multiple dwelling having 6 dwelling units, 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 August 18, 2026 Committee of Adjustment meeting or sooner, to allow an opportunity for the applicant to prepare a Scoped Environmental Impact Study and Tree Management and Enhancement Plan; and, to satisfy the conditions of the Grand River Conservation Authority noted in their comments dated December 31, 2025. Carried 5.2 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. Mounsey R. Masri Contra: T. Livingstone 3 D. & I. Kerr G. Georgiou L. Mark R. Kennedy A. Prokopowycz J. Prokopowycz E. Couch J. Cahill H. Gloade Written Submissions: T. Livingstone G. Georgiou L. Mark J. Cahill K. Greenwood L. Shantz D. & I. Kerr M. & S. Grogan R. Couch L. Winsor R. Neill J. Prokopowycz A. Prokopowycz P. & S. Hartigan R. Mounsey R. Kennedy 4 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. The Committee considered Development Services Department report DSD-2025- 485, dated November 28, 2025, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 17, 2026, advising they do not support approval of application due to water servicing capacity concerns. 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 noted the subject application was considered by the Committee at the December 2025 meeting and was deferred until the meeting this date to allow the Region of Waterloo an opportunity to investigate a water servicing capacity concern in the subject area. T. Malone-Wright advised, the Region of Waterloo provided additional comments this date noting that, as water servicing capacity in the subject area is still under investigation, the Region does not support approval of the application. As such, T. Malone-Wright recommended the Committee defer consideration of the application until further information related to water servicing capacity in the subject area is provided by the Region. R. Mounsey was in attendance in opposition to the staff recommendation for a deferral noting preference for the Committee to make a final decision on the application this date. R. Mounsey highlighted a letter provided by a Van Harten engineer indicating that the proposed development will result in a 0.003% impact on water supply as it is a minor infill development. R. Mounsey further noted that on February 6, 2026 the Region of Waterloo approved a budget for an infrastructure improvement anticipated to enhance water servicing by the Spring of 2026. R. Mounsey requested the Committee approve the application this date given the minor impact that the proposed development will have on water servicing and due to the lack of clear timelines from the Region on when they can provide substantive information on water servicing capacity. 5 T. Livingstone provided comments in opposition to the application expressing concerns with the loss of green space, increased risks of flooding to nearby properties and obstructions on the street on garbage collection days as there are no sidewalks in the subject area. D. Kerr, G. Georgiou, L. Mark and J. Cahill also provided comments in opposition to the application noting concerns that the proposed development will alter the character of the neighbourhood, increase traffic congestion, restrict parking availability in the neighborhood and place a strain on water infrastructure. In response, R. Mounsey noted that, there will be designated garbage bins stored at the rear of the property and will be subject to residential garbage pickup schedules. Further, R. Mounsey clarified, the development is not an 8-plex but a semi-detached dwelling with accessory residential units which was approved through a Zoning Occupancy review. Further, R. Mounsey noted, tandem parking at the subject property is permitted in the Zoning By-law and the proposed development is a permitted use as of right. R. Mounsey stated, the proposed development will provide additional housing and is aligned with the City's housing pledge. Lastly, R. Mounsey noted, the property will be well maintained as a different company will be hired to maintain the property. In response to questions from the Committee, T. Malone-Wright explained that Site Plans are no longer required for buildings with 10 units or less, as such, drainage and grading for the proposed development will be assessed through the Building Permit process. T. Malone-Wright explained that, if the subject application is approved this date, the applicant would not be permitted to install new service connections as Off Site Works permits related to water servicing are currently not being processed due to the water capacity issue. T. Malone-Wright advised that, given the uncertainty regarding the timeline for resolving the water servicing issue, it would be more appropriate for the Committee to defer their decision on this application until the matter has been addressed to ensure the applicant has sufficient time to meet all the proposed conditions of approval within the legislated two-year timeframe. T. Malone-Wright advised the Committee that should they choose to defer consideration of the application, a deferral of six months to a year, or sooner, would be an appropriate timeframe. M. Gambetti brought forward a motion to defer consideration of the application to August 2026, or sooner, to allow an opportunity for the Region of Waterloo to address water servicing capacity concerns in the subject area. The motion was seconded by B. McColl, was then voted and was Carried. Moved by M. Gambetti Seconded by B. McColl 6 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 August 18, 2026, 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. 5.3 B 2025-033 - 104 Brentwood Avenue, DSD-2025-486 Submission No.: B 2025-033 Applicant: Veasna Suon Property Location: 104 Brentwood Avenue Legal Description: Lot 158, Plan 651 Appearances: In Support: R. Mounsey R. Masri Contra: None Written Submissions: R. Mounsey 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 February 17, 2026, advising they do not support approval of application due to water servicing capacity concerns. 7 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 noted the subject application was considered by the Committee at the December 2025 meeting and was deferred until the meeting this date to allow the Region of Waterloo an opportunity to investigate a water servicing capacity concern in the subject area. T. Malone-Wright advised, the Region of Waterloo provided additional comments this date noting that, as water servicing capacity in the subject area is still under investigation, the Region does not support approval of the application. As such, T. Malone-Wright recommended the Committee defer consideration of the application until further information related to water servicing capacity in the subject area is provided by the Region. R. Mounsey, Urban Insights Inc. was in attendance in support of the recommendation for deferral until August 2026 or sooner. Moved by M. Gambetti Seconded by M. Melo Carried 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 August 18, 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. NEW BUSINESS 6.1 A 2026-009 - 451 Old Chicopee Trail, DSD-2026-064 Submission No.: A 2026-009 Applicant: Keith Wilton & Shelley Chambers Property Location: 451 Old Chicopee Trail Legal Description: Lot 36, Plan 1664 Appearances: In Support: S. Sawatzky Contra: 8 None Written Submissions: None The Committee was advised the applicant requested a minor variance to permit a rear yard setback of 4.9m rather than the minimum required 7.5m to facilitate the construction of a new sunroom at the rear of the existing detached dwelling. The Committee considered Development Services Department report DSD-2026- 064, dated February 4, 2026, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 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 26, 2026, advising they have no concerns with the subject application. S. Sawatzky, Tropical Sunrooms Inc., was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti Carried That the application of KEITH WILTON and SHELLEY CHAMBERS requesting a minor variance to permit a rear yard setback of 4.9m rather than the minimum required 7.5m to facilitate the construction of a new sunroom at the rear of the existing detached dwelling, generally in accordance with drawings prepared by Tropical Sunrooms, dated November 10, 2025, on Lot 36, Plan 1664, 451 Old Chicopee Trail, 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- Lawand Official Plan is being maintained on the subject property. 9 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 6.2 B 2026-001 -153 -155 Fifth Avenue, DSD-2026-057 Submission No.: B 2026-001 Applicant: Prebreza Besnik Property Location: 153 - 155 Fifth Avenue Legal Description: Part of Block 'F', Plan 254 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None The Committee was advised the applicant requested consent to sever a parcel of land having a width of 7.6m on Fifth Avenue, a depth of 34.4m and an area of 262.1sq.m. The retained land will also have a width of 7.6m, a depth of 34.4m and an area of 262.1sq.m. The consent will allow each half of a 'Semi-Detached Duplex Dwelling', currently under construction, to be dealt with independently. The Committee considered Development Services Department report DSD-2026- 057, dated January 28, 2026, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 30, 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 26, 2026, advising they have no concerns with the subject application. 10 B. Jokanovic, Bobicon Ltd., was in attendance in support of the staff recommendation. Moved by B. McColl Seconded by M. Gambetti Carried That the application of PREBREZA BESNIK requesting permission to sever a parcel of land having a width of 7.6m on Fifth Avenue, a depth of 34.4m and an area of 262.16sq.m. on Part of Block ‘F’, Plan 254, 153-155 Fifth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner’s solicitor 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. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 3. That the property owner shall provide a digital file of the deposited .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 4.That the property owner shall provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. Failure to comply with the Zoning By-law may result in additional Committee of Adjustment Applications at the property owner’s expense. 5. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement. 11 7.That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 8. That the property owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering as a storm service is not available to the subject property. 9. That the property owner shall ensure any new driveways are to be built to City of Kitchener standards at the property owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services. 10.That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services. 11.That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park land dedication of 11,862.00. 12. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were 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. 12 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 7. ADJOURNMENT On motion, the meeting adjourned at 11:18 a.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 13